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.

Author

Recent Articles & Announcements

  1. Virginia Bans Post-Term Non-Comp...

    Earlier this month, the State of Virginia amended the Virginia Retail Franchising Act in two ways: (1) Virginia law governs all Virginia fra...

    Read More
  2. As a township or city clerk, whe...

    The Michigan Election Law requires that local clerks certify ballot question language to the County Clerk no later than the 82nd day before ...

    Read More
  3. Are municipal cell tower leases ...

    Yes, cell tower leases can generate a steady stream of revenue and, in many cases, have automatic “renewal terms” which, in the aggregat...

    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.