Why the Township Is Considering a Renewable Energy Ordinance
(Battery Energy Storage Systems)
The Township is currently working to adopt a zoning ordinance addressing Battery Energy Storage Systems (BESS) and other renewable energy facilities. This effort is largely the result of recent changes to Michigan law that significantly altered how renewable energy projects are regulated. (PA 233)
In 2023, the State of Michigan amended the Michigan Zoning Enabling Act and related energy siting laws. These changes shifted a large portion of the authority for approving certain renewable energy facilities from local governments to the State of Michigan Public Service Commission (MPSC).
Renewable Energy and Storage Facility Siting
Under the new law, if a township does not have a qualifying renewable energy ordinance in place, the state has the authority to approve and site these projects without local zoning oversight. In that situation, the township would have little or no ability to influence where facilities are located, how they are designed, or what setbacks and safety standards apply.
However, the law also allows communities to maintain a degree of local control by adopting what is known as a Compatible Renewable Energy Ordinance (CREO). When a township has a compatible ordinance in place, developers must first apply locally, and the township has the opportunity to review the project and apply its zoning standards.
The Planning Commission has been working to develop an ordinance that:
- Establishes reasonable standards for safety and setbacks
- Provides clear expectations for developers
- Preserves the township’s ability to participate in the siting process
- Aligns with the requirements of state law so it qualifies as a compatible ordinance
Because the state law limits how restrictive local regulations can be, the township’s ordinance must remain generally consistent with the framework established by the state. If an ordinance is written in a way that is significantly more restrictive than state standards, a developer could potentially bypass the township and apply directly to the state.
In summary, the purpose of this ordinance is not to encourage or promote these facilities, but rather to ensure the township retains a voice in how and where they may be located under the new state regulatory structure.
