When State Law Overrides Township Zoning
A solar battle is unfolding in Michigan, and it is bigger than one township. For the first time, a developer has submitted a large-scale solar project for state approval under a law that allows projects to skip over local zoning ordinances. The law, Public Act 233, gives the Michigan Public Service Commission (MPSC) the power to approve utility-scale solar even when counties or townships reject them.
This case has triggered immediate backlash. Residents in the affected townships say they are being used as “guinea pigs,” with their voices drowned out by Lansing. (MSU Extension: Planning & Zoning for Solar in Michigan)
What the Law Really Does
Public Act 233 was passed in late 2023 to accelerate clean energy deployment in Michigan. Lawmakers argued that a patchwork of township-level restrictions was stalling renewable growth. Under the law:
- Projects above a certain megawatt threshold can bypass township permits.
- The Michigan Public Service Commission holds the authority to approve projects.
- Local zoning ordinances can be overridden if they conflict with state standards.
On paper, this is meant to help Michigan meet aggressive clean energy goals. In practice, it cuts deeply into local control.
(Public Act 233 full text – Michigan Legislature)
Why Locals Are Pushing Back
For residents, the issue is not solar itself. It is who decides where it gets built and who benefits. Critics point to several flashpoints:
- Loss of voice: Townships traditionally set rules for land use. Under PA 233, they may be sidelined.
- Farmland at risk: Some worry prime agricultural land will be converted into solar fields with little local input.
- Economic fairness: Lease payments may enrich a handful of landowners and developers, while nearby residents shoulder visual and land-use impacts.
- Precedent: If the MPSC approves one project against township wishes, it may greenlight many more.
One township resident compared the law to “a top-down land grab dressed up as clean energy.”
The Bigger Picture
The fight is not just local. It is a bellwether for Michigan’s entire clean energy rollout.
- Developers now see a clearer path forward, making Michigan more attractive for investment.
- Farmers and rural communities feel their autonomy is under threat, raising the risk of deeper political divides.
- Lawmakers are already pushing bills to roll back PA 233 and restore local authority. House Bills 4027 and 4028 passed in the House with that goal. (Rep. Wortz release on local control bills)
- State’s siting law under scrutiny: PA 233 applies to solar projects of 50 MW or more, among other thresholds. (InsideClimate News on Michigan’s new siting law)
- DNR land leases halted: The Michigan DNR has paused new state land leases for utility-scale solar on public lands, tightening where solar can expand. (Detroit Free Press: DNR halts land leases)
For Michigan, this is about more than one solar farm. It is about who controls land use and who holds the power to decide where clean energy belongs.
What Happens Next
The MPSC holds the deciding power. If the project is approved, it will signal that township objections are no longer barriers. If rejected, it could embolden local governments to fight back.
This showdown is between clean energy goals and local democracy.
Sources
- MSU Extension: Planning & Zoning for Solar in Michigan — https://www.canr.msu.edu/news/planning_and_zoning_for_solar_in_michigan
- Public Act 233 full text – Michigan Legislature — https://www.legislature.mi.gov/documents/2023-2024/publicact/htm/2023-PA-0233.htm
- Rep. Wortz release on local control bills — https://gophouse.org/posts/rep-wortz-return-control-over-wind-solar-projects-to-the-people-of-each-community
- InsideClimate News: Michigan’s new siting law — https://insideclimatenews.org/news/09042025/michigan-law-counters-local-opposition-to-renewable-energy/
- Detroit Free Press: DNR halts land leases — https://www.freep.com/story/news/local/michigan/2025/05/23/dnr-halts-state-land-leases-utility-scale-solar-projects/83794371007/
