In a bold move to accelerate Michigan’s shift toward clean energy, state lawmakers passed Public Act 233, enabling developers of large-scale wind, solar, and battery storage projects to bypass local authorities and seek approval directly from the Michigan Public Service Commission (MPSC). The change, meant to fast-track renewable energy construction, is igniting fierce resistance from township leaders who say the law undermines local governance.

Over the past decade, many Michigan townships enacted moratoriums or zoning restrictions to halt renewable energy projects, often due to concerns over aesthetics, property values, or agricultural preservation. Public Act 233, which took effect in late 2024, overrides many of those local efforts by allowing developers of solar projects over 50 megawatts and wind farms over 100 megawatts to sidestep local approval if communities lack a compliant renewable energy ordinance (CREO).

“If they are in a community that has set a restrictive ordinance, it gives them the opportunity to have the public service commission weigh in,” said Sarah Mills, director of the Center for EmPowering Communities at the University of Michigan’s Graham Sustainability Institute.

Mills emphasized that local governments still have a role—if they adopt ordinances aligning with the law's 21 minimum siting conditions, such as noise limits, setbacks, and fencing. “If there’s a CREO in place, then the developer has to work with the local government,” she explained. “But the ordinances in place always have some provision that’s outside the definition of a CREO, like planting trees around the solar farm, or something else that’s not mentioned in Public Act 233.”

One of the most visible flashpoints is the proposed Headland Solar Project in Livingston County. At 220 megawatts, it promises over $18 million in new tax revenue, but it has yet to win local approval. To address community concerns, some municipalities are racing to craft CREOs that align with their preferences while remaining compliant with state law.

Yet frustrations remain. In a joint statement earlier this year, Cohoctah Township official Mark Fosdick and Conway Township official Mike Brown voiced their opposition.
“We cannot, and will not, stand by as our farmland is bulldozed in the name of industrialization,” the statement read. “These developments threaten to turn our fertile soil into wastelands, putting at risk the livelihoods of those who have worked the land for decades. It is an insult to our heritage, and we will not allow it to stand.”

Public Act 233 was signed into law by Governor Gretchen Whitmer in November 2023 as part of the Clean Energy and Jobs Act, which aims to achieve 100% clean energy in Michigan by 2040. Since the law’s passage, proposals for wind and battery storage projects have joined the solar projects that dominated the agenda beforehand.

Proponents, including the Michigan Environmental Council, argue that centralized oversight is essential to overcome what they call “arbitrary barriers” to progress.
“Unless we worked on zoning reform, there would be mandates put in place on utilities that they could not meet,” said Charlotte Jameson, the council’s chief policy officer. “Now local governments can’t pass an ordinance that’s more restrictive than what’s written in the statute. They can’t put in place requirements that effectively zone out renewable energy and battery storage.”

But not all are convinced. More than 70 townships have filed suit against the MPSC, accusing it of overreach and improper rule-making. The Michigan Townships Association and the Michigan Farm Bureau are among the plaintiffs.
“The issue at hand is not about whether you support or oppose large-scale wind and solar projects,” said former Farm Bureau president Carl Bednarski. “It’s about whether you support local control, and ultimately respect the local decision-making process and the rights of landowners.”

“In the pursuit of large-scale clean energy projects, it’s essential that Michigan strike a balanced and reasonable approach, one that respects a 186-year legacy of private property rights and township control,” Bednarski added.

Despite the legal challenges, clean energy advocates are hopeful that Public Act 233 will unlock the potential for affordable, large-scale renewable development.
“There will still be legal fights that delay this work, but we’ll see more renewable development happening in the state,” said Jameson. “We’ll see a lot more solar projects moving forward, too.”

While solar remains the cheapest source of electricity in many regions, the outcome of these legal battles will shape how—and where—Michigan’s clean energy future is built.

Originally reported by Dougles J Guth in Inside Climate News.