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When PA 233 (the state siting legislation for renewable energy projects) goes into effect on November 29, 2024, can we still use a township zoning ordinance to review utility-scale wind, solar, or battery storage projects?

Yes! Although PA 233 will provide a mechanism for developers to bypass local zoning regulations in most circumstances in the Michigan Public Service Commission when it becomes effective, that process is optional. Developers and utility companies may prefer to utilize the traditional local zoning review process for renewable energy projects regardless of the effectiveness of PA 233 and for many townships it makes sense to address utility-scale solar, wind, and battery storage land uses in a zoning ordinance in a manner that is acceptable to a particular community in the event a potential developer would like to utilize the zoning process.

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