Planning and zoning for solar in Michigan
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EmailRenewable energy siting laws in Michigan limit the role of local government while expanding the role of the state. A new guide helps communities prepare.
In fall 2023, the Michigan Legislature amended the Clean and Renewable Energy and Energy Waste Reduction Act (Public Act 295 of 2008) with passage of a package of bills, one of which set a new goal that 50 percent of the state’s electric needs will be met through a combination of energy waste reduction and renewable energy in years 2030 through 2034.
Another bill created a new renewable energy siting law (Public Act 233 of 2023), providing developers with the opportunity to bypass local zoning and obtain land use approval from the Michigan Public Service Commission for large-scale projects—including solar energy systems with a nameplate capacity of 50 MW or more. However, developers and utilities must still obtain local zoning approval if:
- All local zoning authorities where a project is proposed have enacted a Compatible Renewable Energy Ordinance that does not impose stricter provisions than those outlined in PA 233.
- The solar energy system is entirely within a city or village, and that city or village is the developer, owns participating property, or owns a utility that will utilize the solar energy (this exception does not extend to townships).
While PA 233 provides a new state-permitting option, utilities and developers may still opt for local zoning approval, particularly if the applicable local zoning regulations are deemed “workable” by the developer. Irrespective of large solar energy system (≥ 50 MW) approval and permitting under PA 233, any system below 50 MW remains subject to local zoning authority. Given this context, there remains a role for local governments in planning and zoning for solar energy generation through updates to their master plans and the zoning ordinances.
Michigan State University Extension and the University of Michigan Center for EmPowering Communities jointly developed a resource, “Planning & Zoning for Solar Energy Systems: A Guide for Michigan Local Governments,” to help communities respond to state legislation advancing renewable energy development. The guide includes practical information for local government officials, including:
- Background and state-level policy changes for solar energy siting and development in Michigan;
- Different components, types, and scales of solar energy systems;
- Land use considerations when planning and drafting zoning regulations for solar energy, including considerations for dual use solar energy development; and
- Sample zoning language for solar energy systems under PA 233 of 2023.
For more information, download a copy of Planning & Zoning for Solar Energy Systems: A Guide for Michigan Local Governments.
