When Jake Kerby drives around about 1,500 acres of farmland in Wexford Township, he doesn’t just see rolling fields of squash, green beans and cattle lands.
“This is where I grew up,” he said while gazing out his car window. “This is where I cut my teeth.” Kerby spent his early adulthood working for different farms in this area.
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Early plans from renewable energy developer Ranger Power could line this land around Kerby’s home with solar arrays, as county officials consider a zoning amendment that could push the project forward.
Some like Kerby see the project as inevitable because of a state law that limits local governments’ ability to say no to large-scale renewable energy development like solar, wind or battery storage — Public Act 233.
Three years after the law passed, communities are still grappling with their options for large renewable energy projects as the state seeks to cut fossil fuel use by transitioning to cleaner sources.
“I by no means want this project to go through, but if it does with the state, it’s something that I can live with,” Kerby said, because he thinks the state has more authority and money for these projects.
Changing the boundaries of local control
The law lays out two avenues for permitting large solar, wind and battery storage facilities: passing through the Michigan Public Service Commission, or through a local government.
Solar and battery projects over 50 megawatts, and wind projects over 100 megawatts, fall under the law's jurisdiction.
Developers have to start with local permitting if the county or municipality has a Compatible Renewable Energy Ordinance that meets the state’s standards as outlined in Public Act 233. There are requirements around things like application time limits, setbacks for the facility, sound limits, fencing and height.
Communities still get an opportunity to intervene in the state process, since the law requires developers to pay local governments so they can hire lawyers.
The second avenue: Any other type of local ordinance, like a more restrictive one, would give developers the option to apply for approval through the Public Service Commission. Currently 10 projects are before the commission seeking this type of approval and awaiting a decision.
The reality is that most local governments choose the second avenue, said Sarah Mills, director of University of Michigan’s Center for Empowering Communities, which studies land use and energy.
“What’s workable to one developer might not be workable to another developer," Mills said. "It's kind of an art rather than a science, figuring out what is a workable ordinance.”
Green Lake Township in Grand Traverse County is trying to answer that. Public Act 233 has changed the boundaries of local control, said Township Supervisor Marvin Radtke.
The township is consulting with legal experts to write a workable ordinance for large-scale renewable energy projects because they want to keep decisions in the community.
“We take great pride in balancing individual property rights along with the community's right in regards to what we would like to see in 20 years,” Radtke said. “It's a very fine line to walk.”
The state path
Some communities in northern Michigan want to leave decisions about large renewable energy projects to the state.
East Bay Township in Grand Traverse County updated its zoning ordinance last year, and through consultation with experts, opted to not adopt a compatible state ordinance that would have forced developers to start with local permitting.
“Given the complexity of the issue, it would probably make the most sense to defer to the state for those types of reviews,” said Claire Karner, director of planning and zoning for East Bay Township.
The township zoning ordinance is focused on renewable energy at a smaller scale, like rooftop solar on homes. “There’s always been a desire for facilitating thoughtful alternative energy projects,” Karner said.
“The speed with which new, potentially large land uses have appeared has shaken people in many ways. But the process has been there and the process continues to be there." -Sarah Mullhaupt, staff attorney for the Michigan Townships Association
Permitting projects locally takes a lot of time, said Lyla Hollis, clean energy specialist with the nonprofit Groundwork Center.
“You have to host public hearings. There's a lot of paperwork, you have to work with the developer off hours,” Hollis said. “It's understandable that some of them would just rather have the developer go through the state.”
But Hollis said there isn’t a right or wrong answer.
“It’s really just, do you want it to be a little bit more heavily tailored towards the community? Or are you okay with more of the minimal approach?” she said.
Catherine Mullhaupt, staff attorney with the Michigan Township Association, pushes against the common assumption that Public Act 233 completely bypasses local control.
“You can’t just say no, you have to accommodate,” she said. Cities and townships in Michigan cannot completely ban a certain land use, under the state zoning law.
But she said there’s still some confusion on the state process under Public Act 233. “It was creating a whole new system that hadn’t been there before.”
The Michigan Townships Association supported a lawsuit brought in 2024 by dozens of townships, who argued the Public Service Commission’s interpretation of the law was too restrictive. The Michigan Court of Appeals delivered a split ruling in May, largely upholding the commission’s terms.
Mullhaupt said the public’s reaction to the law has been different from local officials who are still trying to make the best decisions for their communities.
“The speed with which new, potentially large land uses have appeared has shaken people in many ways. But the process has been there and the process continues to be there,” she said.
Future decisions, local impacts
A spokesperson for Ranger Power, which wants to develop the 1,500-acre solar array in Wexford County, said the company prefers the local permitting process and its approach toward project development hasn’t changed because of Public Act 233.
“Our priority is collaborating directly with local government, community leaders, and township residents,” wrote Drew Vielbig, director of development for Ranger Power. He said solar is a critical part of the state’s energy future, as demand continues to rise.
The share of energy from renewable sources in the country is also increasing. Wind and solar generated a record 17% of U.S. electricity last year, according to data from the Energy Information Administration.
Kerby, the Wexford Township resident, said he’s convinced that large-scale solar will likely end up in his community, no matter how much he wants to see the area stay as farmland.
But he’ll keep telling people to read Public Act 233 so that communities like his understand their options.
“I would tell people to pay attention to laws that are being passed,” he said, “and consider how they’re going to affect you.”
