Local officials hire lawyers, respond to large-scale solar plans in northern Michigan – Interlochen Public Radio

Elected officials in Grand Traverse and Wexford counties are consulting with lawyers this week to respond to a renewable energy developer’s plan to build a large-scale solar farm in the area, a plan that may involve a new state law that limits local governments’ ability to reject such proposals.
The solar farm, known as the Shipyard Solar project, could span 1,800 acres, mostly in Wexford Township with parts in Grant Township, according to a presentation from the developer Ranger Power provided to the Wexford Joint Planning Commission (WJPC) this spring. No formal site plan has been submitted.
As required by state law, Ranger Power in mid-August notified the jurisdictions that the 375-megawatt project would cross, including the two townships and two counties. In letters sent to local officials last month, Ranger Power asked officials to confirm that their jurisdiction doesn’t have a local ordinance on large-scale renewable energy projects that meets the state’s standards.
If confirmed or if officials don’t respond within the required time frame, Ranger Power stated it would apply for approval directly from the Michigan Public Service Commission (MPSC), a new permitting pathway available to developers of large-scale renewable energy projects under Public Act 233.
The Grant Township Board voted on Tuesday to hire a lawyer who will respond to the developer, because the township’s general counsel doesn’t have experience with these kinds of projects and laws, said Doug Moyer, a township trustee. The lawyer hired by Grant Township, Christopher Patterson, works for a firm that has worked with Michigan townships on issues related to Public Act 233.
The portion of the project in Grant Township includes an additional 375-megawatt battery storage facility, which captures energy generated from solar panels for later use.
“I know very little about the MPSC, exactly how things happen if an application gets there,” Moyer said. “Since we’ve never experienced anything like this before, we’re learning as we go. Our intent is to make the best decision we can for the people of Grant Township.”
Ella Hackett, assistant development manager for Ranger Power, said the company is “fully committed to open dialogue and active collaboration with local leaders as we evaluate the next steps for the Shipyard Solar project.”
“While we determine the path forward, our core priority has not changed. We will continue working with community members and stakeholders to ensure a positive, meaningful outcome,” she said.
Public Act 233 passed three years ago as part of several laws meant to support the state’s goals of transitioning to cleaner forms of energy in order to combat climate change. It limits local governments’ ability to say no to large-scale renewable energy development like solar, wind or battery storage.
Last month, the MPSC approved the first project under the law — a 600-acre solar array that will be built in Ingham County outside Lansing, led by Ranger Power. Lawyers representing local jurisdictions in the permitting process negotiated terms for noise limits, lighting and other considerations. As required under the law, Ranger Power will also pay $180,000 to affected communities to fund police, fire or public safety efforts.
Wexford Township officials are also seeking legal help to respond to Ranger Power, said township supervisor Dave Williams. The township is looking for lawyers “capable of taking care” of this issue, he said.
Ranger Power’s proposal didn’t move forward through local permitting after the Wexford Joint Planning Commission voted in July against a zoning amendment that would have allowed the company to formally submit an application. At several crowded public meetings this summer, residents and farmers spoke about their concerns that the project would take away productive farmland.
“It’s not that we’re all against solar power or anything. It’s just where they’re trying to push it,” Williams said.
On Wednesday, the Grand Traverse County Board of Commissioners also voted to move forward with a meeting with Ranger Power, which would include county lawyers and representatives from the board.
Some commissioners said the state law bypasses local control.
“I fundamentally have an issue that the state is usurping local zoning law,” said Commissioner Darryl Nelson during the meeting. “I think we need to react and react strongly to this, and try to have the local citizens that live there have a voice in this matter, not being told by the state what is going to happen.”
After a 2024 lawsuit brought by Michigan townships challenged the MPSC’s “strict” interpretation of the law, the Michigan Court of Appeals delivered a split ruling in May, largely upholding the MPSC’s terms.
Grand Traverse County Commissioner TJ Andrews agreed during the meeting that this project could have huge impacts in the county when it comes to erosion and construction, but reminded the commission that decisions about utilities historically haven’t been a local decision.
“I’m not taking a position on this in particular, but I do want to make the point that this isn’t unprecedented by any stretch of the imagination when it comes to the production of energy for the needs of our state,” she said.

source

This entry was posted in Renewables. Bookmark the permalink.

Leave a Reply