Significant changes to the permitting process for large-scale wind, solar, and energy storage projects were enacted in HB 5120 (now Public Act 233 of 2023) in the fall of 2023. The new law, which goes into effect on November 29th, 2024, grants permitting authority to the Michigan Public Service Commission unless local governments adopt "Compatible Renewable Energy Ordinances." The Center for EmPowering Communities is developing resources to help communities prepare for the new law and assess how it impacts their planning and zoning for renewable energy.

Select resources:

• Overview of PA 233 (PDF) — About the Act, options for local policy, pros and cons of different approaches, and more. (Slide deck presented for a webinar with the Michigan Association of Planning, August 14, 2024) 
• Frequently Asked Questions about PA 233 (PDF) — Last revision: 8/12/2024
• Guidance on "Workable" Renewable Energy Ordinances (PDF and Google Sheet) — Compilation of ordinances that were in place during the permitting of large renewable energy projects in Michigan that were built from 2018 to 2023.
• Annotated Solar and Wind Zoning Templates (PDF) — Annotated excerpts from two previously-published sample renewable energy zoning templates (solar and wind) intended to help understand how provisions in PA 233 correspond to common zoning provisions and aid understanding of Compatible Renewable Energy Ordinances (CREOs).
• Sample Compatible Renewable Energy Ordinance (CREO) (Google Docs Document) — Sample zoning language for communities that wish to adopt a CREO. Local officials are strongly encouraged to consult with a municipal attorney before using parts or all of this language.
• Analysis of which communities have a renewable energy zoning ordinance that could, in a limited and strict sense, be considered a Compatible Renewable Energy Ordinance (CREO) as described in PA 233. These analyses focus only on specific zoning items outlined in PA 233, and our understanding of what constitutes a CREO is evolving. All data and analysis are subject to change. Please carefully review the information on data collection methods, analysis decision rules, limitations, and important disclaimers before using these resources. Solar Analysis (Excel) | Wind Analysis (Excel)

As the Michigan Public Service Commission and other renewable energy siting experts assess the implementation of PA 233, the resources presented here will change, and portions may no longer apply. If you believe any information is incorrect or have additional questions you’d like answered, please don’t hesitate to contact Madeleine Krol at krol@umich.edu.

This information is provided for educational purposes only and should not be interpreted as legal advice. Local officials are strongly encouraged to consult with a municipal attorney.