Zoning for Battery Storage Facilities in Chicago Suburbs

Battery storage zoning in the Chicago suburbs changed on June 1, 2026. That is the date the Clean and Reliable Grid Affordability Act (CRGA) took effect. The law, Public Act 104-0458, created the first statewide siting standards for stand-alone battery energy storage systems in Illinois.

For developers, the new rules bring more predictability. They also leave a gap that matters a great deal in Cook, Lake, and DuPage County: the state standards govern counties, not villages and cities. Before any site plan is drawn, the first question is which government controls the parcel.

What Did Illinois Change About Battery Storage Zoning in 2026?

CRGA was signed on January 8, 2026. Alongside a new state procurement program for battery storage, it added Section 5-12024 to the Counties Code, which sets the rules counties must follow when they regulate energy storage.

The statute covers an “energy storage system,” defined as a facility with an aggregate capacity greater than 1,000 kilowatts that stores energy for later use. Two categories fall outside that definition:

• Technologies that require combustion
• Storage associated with a commercial solar or commercial wind facility, which follows the separate solar and wind siting statute

In plain English: large, stand-alone battery sites now have a state rulebook. Smaller systems and solar-paired storage follow other rules.

Does the State Law Apply Inside Suburban Villages?

In most cases, no. Section 5-12024 allows a county to set standards only in areas “not within the zoning jurisdiction of a municipality.”

That distinction drives the entire approval path:

• Unincorporated land: County zoning applies, and the county must follow the state standards.
• Incorporated land: The village or city zoning ordinance controls. The state siting standards do not limit what a home rule suburb such as Schaumburg, Elk Grove Village, or Waukegan can require.

Inside a municipality, a battery facility may fit an existing utility category, require a special use permit, or need a zoning text amendment if the code does not address the use at all. The answer depends entirely on that municipality’s ordinance. Village staff, the Plan Commission, and the Village Board will each have a role, and local fire officials will weigh in on safety planning.

What Are the County Siting Standards for Battery Energy Storage?

For projects in unincorporated areas, the statute is detailed. A county may include the standards in Section 5-12024, but it may not add requirements the statute does not list or impose stricter versions of them.

Key standards include:

• Setbacks: 150 feet from occupied community buildings and nonparticipating residences, 50 feet from the property line of a nonparticipating property, and 50 feet from a public road right-of-way. Distances are measured from the nearest battery enclosure.
• Setback waivers: Each affected nonparticipating owner may waive the setback in writing.
• Fencing: A perimeter fence at least 7 feet and no more than 25 feet tall.
• Fire safety: A county may require compliance with NFPA 855, the national standard for stationary energy storage, but may not exceed it unless the statute says otherwise.
• Sound: Limits may not be stricter than Illinois Pollution Control Board standards.
• Equipment listing: Batteries must be listed under UL 1973 and UL 9540.
• Fees: Siting or special use application fees may not exceed the lesser of $5,000 per megawatt or $50,000.
• No value guarantees: A county may not require a property value guarantee or a neighbor devaluation escrow.

The statute also protects location. A county may not bar energy storage from any district zoned for agricultural or industrial uses.

How Does the County Approval Process Work?

The timeline is set by statute, which is good news for project scheduling:

1. Hearing: The county zoning board of appeals holds at least one public hearing, which must conclude within 60 days of the application filing.
2. Decision: The county decides within 30 days after the hearing closes.
3. Approval standard: A compliant application “shall be approved.”
4. Building permit: The county must act on a building permit within 60 days, or the permit is deemed granted.
5. Construction window: The approval gives the owner at least 3 years to obtain a building permit or start construction before revocation becomes possible.

Two more provisions help long-term operations. A county may not require new siting approval for periodic augmentation that maintains original capacity. Decommissioning financial assurance, if required, phases in at 25 percent before full operation, 50 percent by year five, and 100 percent by year ten.

Counties with conflicting ordinances had 120 days after June 1, 2026 to conform. DuPage County approved conforming amendments in September 2026 for unincorporated areas. For Cook County and Lake County sites, the current county ordinance should be confirmed before filing.

Battery Storage Zoning for On-Site Business Systems

Not every battery project is a utility-scale facility. Many commercial and industrial owners are adding storage behind the meter to manage demand charges or back up operations.

A system at or below 1,000 kilowatts falls outside the statutory definition. That means:

• Local zoning rules for accessory uses and structures apply
• Building and electrical permits apply
• The local fire code applies, regardless of size

Storage paired with a commercial solar project also follows a different statute. Classifying the project correctly at the start avoids filing under the wrong framework.

Practical Steps Before Committing to a Battery Storage Site

Site control agreements for battery projects often run for decades. These steps help confirm a site is approvable before that commitment is made:

1. Confirm jurisdiction. Determine whether the parcel is incorporated or unincorporated. Boundaries in the collar counties can be irregular.
2. Read the use table. Identify the zoning district and how the code classifies energy storage.
3. Map the setbacks early. Locate every nonparticipating residence and community building near the proposed enclosures. Start waiver conversations early where needed.
4. Engage fire officials. Share the NFPA 855 approach and emergency response planning before the hearing.
5. Build the timeline into the lease. Align option periods with hearing deadlines, the 3-year construction window, and decommissioning terms.
6. Prepare for public questions. Fire safety is the most common concern at hearings. A clear presentation of the safety plan and responder training addresses it directly.

Inside a municipality, early meetings with planning staff and elected officials carry real weight. Government relations work often shapes the outcome as much as the application itself.

Getting Battery Storage Zoning Right in Cook, Lake, and DuPage

Battery storage zoning now runs on two tracks. Unincorporated sites follow a detailed state framework with firm deadlines. Sites inside villages and cities follow local ordinances that vary widely from one community to the next.

The right first move is the same either way: confirm jurisdiction, classify the system correctly, and test the site against the setbacks before signing.

We handle zoning problems, including new uses that local codes were not written for. Birchwood Law represents developers and property owners across Cook County, Lake County, and DuPage County.

To review a battery storage site, schedule a consultation with our land use team.

This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship.