Michiganders have been fighting for local zoning control since 2023, and the fight now rages on in countless communities across Michigan.
In November 2023, Michigan’s state legislators approved a set of laws which aimed to strip local townships and counties of their rights to regulate zoning for wind, solar, and BESS, and to hand it to a Governor-appointed state agency: the Michigan Public Service Commission (MPSC). The laws went into effect as Public Act 233 (PA 233) in November of 2024. Now, if townships or counties don’t have zoning ordinances that allow for wind and solar development, the developers can take their permit applications directly to MPSC for approval. MPSC also regulates energy utility rates. In fall of 2024, an appeal representing over 70 Michigan municipalities was filed against PA 233, stating the laws’ overreach is unconstitutional.
So what does this mean for Michigan communities who don’t want their farmland to disappear beneath energy fields?
It means that the state administration has made it more difficult for local communities to block these developments at the local level. It means that there is no one magic bullet communities can use to stop these. Every fight is different.
On the flip side, it also means that MPSC has bitten off more than it can chew, in permitting and regulating these developments. MPSC is getting buried in permit requests. What’s more, because PA 233 is a new law, there is no legal precedent for fighting it. In other words: Michigan communities fighting PA 233’s wind and solar zoning in court are setting the standard for how this law is enforced. And so far, PA 233’s laws are not standing up well in local courts.
Michigan is the wild west for wind, solar, and BESS right now, legally speaking, and Michigan’s grassroots communities have the opportunity to take their local rights back through strategic action.