Our Feed

We are involved in our communities, our profession, and our clients' associations and activities.

Is it possible to write a non-zoning ordinance for wind turbines with setbacks from the property line that would holdup if challenged?

Yes. MCL 41.181 and MC 42.15 allow a township to adopt non-zoning ordinances (often referred to as police power ordinances) to regulate as may be deemed necessary to provide for the public health and safety of the property owners and residents within a township. Using a non-zoning ordinance is especially common for those townships interested in regulating activities but are unzoned. Unzoned townships are those without their own zoning ordinance and are not subject to a county zoning ordinance. The methods of regulating wind energy and siting of wind turbines was discussed in-depth in our May 2015 E-letter, which can be viewed here: https://www.fsbrlaw.com/Resources/Articles/ID/255/How-to-Regulate-Wind-Energy-Projects.

Recent Articles & Announcements

  1. Does the Brownfield Redevelopmen...

    Yes, the 2023 amendments to the Brownfield Redevelopment Financing Act broadened the definitions of “eligible activities” and “eligibl...

    Read More
  2. Brownfield Redevelopment Financi...

    Property that is blighted, contaminated with pollutants, or otherwise functionally obsolete can often become a burden on an entire community...

    Read More
  3. FSBR Welcomes Daniel P. Bock to ...

    Fahey Schultz Burzych Rhodes PLC is pleased to announce that Daniel P. Bock has joined the firm as Senior Attorney within our Water Resource...

    Read More
Talk to an Attorney
Request a Consultation

At Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.