Close to 80 local governments appeal MPSC's plans to override zoning for wind and solar

LANSING — Close to 80 local governments are going to court over the Michigan Public Service Commission's plan to override local zoning to approve solar and wind facilities, saying it goes far beyond what the Michigan Legislature approved.

Six counties — Clinton, Dickinson, Ionia, Sanilac, Schoolcraft and Tuscola — and dozens of Michigan townships are plaintiffs in an amended complaint filed Nov. 12 with the Michigan Court of Appeals.

In November 2023, Gov. Gretchen Whitmer signed into law Public Act 233, which is intended to streamline the zoning of wind and solar projects by shifting the approval, in certain circumstances, away from local zoning boards to the MPSC , which has three members she appointed.

Whitmer hailed the legislation as one of several important steps in helping to meet clean energy goals and fight climate change but many local governments and groups opposed the legislation as an attack on local control.

Then, on Oct. 10 of this year, the MPSC, which regulates utilities and approves utility rate increases , approved an order to implement the law.

Michael Homier, the Grand Rapids attorney who filed the appeal, said Monday the MPSC went too far with its order and added provisions that were never approved by the Legislature.

Matt Helms, a spokesman for the MPSC, declined to comment Monday. "We are unable to comment on this," he said.

The law allows local governments to maintain a level of control if they first pass a "compatible renewable energy ordinance," related to issues such as setbacks, noise, fencing and lighting.

Homier said all the local governments who have joined the appeal have either passed such an ordinance, are in the process of doing so, or intend to pass an ordinance.

But he said they feel undermined because "the MPSC started tinkering around with the language of the statute."

For example, the MPSC says the local renewable energy ordinances must only contain provisions listed in the state law. But the state law did not prohibit local governments from including other provisions, which many local governments wish to do, he said.

Homier said the MPSC order also changed the definition of a "local affected unit" in the legislation, saying it is only local government units that have zoning powers.

And he said the MPSC gave itself jurisdiction over "hybrid facilities," which for example combine wind and solar facilities, but which were never mentioned in the legislation.

And he said the MPSC should have gone through the state rule-making process under the Administrative Procedures Act, but did not.

The state law takes effect Nov. 29.

Contact Paul Egan: 517-372-8660 or