Why It Matters
Michigan’s handling of large-scale solar and wind projects is reshaping the balance of power between state regulators and local governments, affecting farmland use, municipal zoning authority, and the pace at which renewable energy infrastructure reaches the state. The state law strips townships and counties of their traditional veto power over major energy development, forcing communities to either establish state-compliant ordinances or cede control to state bureaucrats.
What Happened
Public Act 233, passed three years ago, fundamentally altered how Michigan approves large renewable energy projects. The law creates a two-track system: developers can either seek local permits from counties or municipalities that have adopted a state-approved “Compatible Renewable Energy Ordinance,” or they can bypass local control and petition the Michigan Public Service Commission directly for approval.
Jake Kerby, who manages approximately 1,500 acres of farmland in Wexford Township where he raises cattle and grows squash and green beans, is witnessing this shift firsthand. Ranger Power is proposing a solar array on his property, prompting Wexford County officials to weigh whether to adopt a compatible ordinance that would govern the project’s approval locally.
The law applies to solar and battery projects exceeding 50 megawatts and wind installations larger than 100 megawatts. If a locality adopts a compatible ordinance meeting state standards—which include application time limits, setbacks, sound restrictions, fencing specifications, and height limits—developers must start there. The state law requires developers to fund local government participation in state proceedings, allowing municipalities to hire attorneys if the process reaches the Public Service Commission.
Some communities are adapting. Green Lake Township in Grand Traverse County is working with legal experts to draft an ordinance for large-scale renewable projects. Others, like East Bay Township in the same county, took a different path last year by updating zoning rules to focus on smaller installations such as rooftop solar, effectively declining to regulate utility-scale development through a compatible ordinance.
Ranger Power has indicated a preference for resolving its project through local permitting rather than state intervention—a choice available if Wexford County establishes the proper framework.
By the Numbers
1,500 acres — farmland in Wexford Township where the Ranger Power solar array is proposed
50 megawatts — capacity threshold triggering Public Act 233 for solar and battery storage projects
100 megawatts — capacity threshold triggering Public Act 233 for wind projects
10 projects — currently before the Michigan Public Service Commission under the state approval pathway
3 years — time since Public Act 233 became law
Zoom Out
Michigan’s approach reflects a broader national tension over renewable energy siting. States are increasingly using state-level preemption to accelerate clean energy deployment, particularly when local governments resist major projects. Some states have enacted even more restrictive local-veto limitations; others preserve stronger local authority. Michigan’s hybrid model—allowing localities to regain control by adopting state-compliant standards—represents a middle ground, though implementation varies widely.
The Michigan Court of Appeals weighed in on the law’s application in May, issuing a split ruling that largely upheld the Public Service Commission’s interpretation of the statute. That decision followed a 2024 lawsuit brought by dozens of townships and supported by the Michigan Township Association challenging how the commission was applying the law. Catherine Mullhaupt, a staff attorney with the Michigan Township Association, characterized the shift in local authority bluntly: “You can’t just say no, you have to accommodate.”
What’s Next
Communities face a choice between establishing compatible ordinances to retain influence over project approval or accepting state-level decisions on renewable energy siting. Kerby’s assessment of his own stake captures the personal dimension of the policy shift: “This is where I grew up. This is where I cut my teeth.” How Wexford County resolves its decision on a compatible ordinance will determine whether the Ranger Power project moves through local channels or proceeds to state review alongside the 10 other projects already in the pipeline at the Public Service Commission.