Green Space Today’s Legal Corner:
Querrey & Harrow's Green LawLink: The Chicago "Green" Code

By: Jennifer J. Sackett Pohlenz, Attorney at Law, Querrey & Harrow

Jennifer Pohlenz, Attorney at Law, Querrey & Harrow Courtesy of Querrey & Harrow

The City of Chicago has several policies and code provisions related to "green" construction. These are applicable to three categories of projects: (1) City owned or funded construction projects; (2) private construction projects; and (3) voluntary "green" construction in the City.

First, all new municipal construction projects and all City-owned or funded housing projects, including new construction and renovation projects, must follow certain City mandated "green" guidelines.  There are essentially two types of projects that fall in this category:  municipal facilities and non-municipal facilities.  The design, construction and renovation of all City municipal facilities must comply with the Chicago Standard.  The Chicago Standard was announced by the City in June 2004 and consists of forty-six strategies and technologies and is based on the U.S. Green Building Council's LEED metric.  The Standard requires that all new construction municipal facilities achieve LEED Silver certification.  The City now has over 50 municipal facilities that have or will achieve LEED certification from the LEED platinum Chicago Center for Green Technology (CCGT) to the LEED CI in City Hall.

Additionally, the City mandates green construction practices at varying levels dependant on the type of project proposed for any building receiving City funding.  This includes developments that receive types of funding such as Empowerment Zone Grants and benefits from Tax Incremental Finance Districts.  The Department of Planning and Development Sustainable Development Policy provides a matrix that outlines what requirements apply to each type of development.

Second, the City likewise has mandated "green" policies for privately funded renovation and new construction.  If the project is a planned development, with the exception of certain geographically located grocery stores and specified affordable housing, the City requires some type of green certification (either LEED, ASHRAE, or through the City's Green Residential Certification) and a percentage of the roof structure to be a green roof.  If the project is not a planned development, it remains subject to green mandates.  For example, while a private, non-planned development is not required to install a green roof, it is required to comply with the City's Energy Conservation Codes.  The Energy Conservation Codes contain provisions for: urban heat island impacts (by requiring solar reflectance roofing materials) and energy analysis (including related items, such as insulation and exterior lighting controls). 

Additionally, for permits issued by the City since January 1, 2007, the City has mandated at least fifty-percent of construction and demolition debris, as measured by weight, be recycled or reused.  The mandatory construction and demotion debris recycling is applicable to the following projects:  new residential construction of a residential building of four or more units or of a less than four unit residence with more than 4,000 square feet; rehabilitation of a building that will require a certificate of occupancy to issue from the Department of Buildings; or demolition of a residential building of four or more units that will include the demolition of at least one exterior wall or of a less than four unit residence with more than 4,000 square feet.  It requires that notarized affidavits from the contractor and waste hauler be submitted to the City and failure to comply with the code requirements may result in fines calculated based on the recycling percentage point difference between the fifty percent requirement for recycling and what was actually recycled.  The City has also recently passed a comprehensive storm water ordinance, which mandates that new large projects increase permeability of developments, or capture the first _ inch of rainfall.

Third, the City provides several incentives for green construction where not mandated.  Through its Green Permit Program, for all qualified projects, the City will waive up to $25,000 in permit fees and up to 100% consultant review fees, and will significantly expedite the permit review process.  The City also has a permit fee waiver for projects that qualify for the Green Roof Fee Reduction.  If a building permit includes vegetated roof system, then the permit fee may be reduced by $0.05 per square foot of vegetated area.  However, the Green Roof Fee Reduction cannot be used in the aggregate with the fee waiver of the Green Permit Program. 

The City also provides incentives through a City-certification program for green new construction and renovation to single-and multi-family residential buildings less than eighty feet in height.  Through this voluntary program, there are three tiers of Chicago Green Homes Certificates that can be earned by the homeowner.  Qualifying projects may be eligible for the City's Green Permit Program as well as earn the right to use the City of Chicago's Green Homes logo, which may have positive marketing and property value impacts.

Additionally, the City allows for a potential floor area ratio bonus for downtown district developments utilizing approved green or sustainability concepts; a CFL Smart-Bulb program; the City of Chicago Historical Bungalow Initiatives; and the ComEd-Chicago PV incentive program to promote use of photovoltaic energy resources.  Under the PV Incentive program there are currently almost 2 megawatts of solar generating capacity in the Chicago area and the City is currently installing a 1 megawatt system at a pumping station.

The City's "green" policies and code continue to be updated and developed.  In fact, in November 2008, the City Council passed an ordinance introduced by Mayor Richard M. Daley updating the energy conservation code.  Through these many programs, Chicago is proud to be home to four LEED platinum certified projects and currently has the highest number of LEED registered projects in the country. 

For further information, please e-mail Jennifer J. Sackett Pohlenz at Jpohlenz@querrey.com