Housing affordability and availability continues to be a major issue for Michigan and the United States. One of the core powers of Michigan municipalities is to provide for land use and zoning regulations that intend to regulate the use of land and structures to meet the needs of Michigan citizens including for “places of residence.”…
New Housing Laws: Through the Lens of Zoning / State Law Preemption
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Keeping Money on the Table: Zoning Escrow Fees
Many townships have zoning regulations to help guide proper development. Often, zoning ordinances prescribe comprehensive standards for large developments to ensure compatibility with adjacent and nearby land uses, among other things. Interestingly, many large and complex zoning applications (e.g., renewable energy projects, extraction operations, and even complex manufacturing proposals) are being submitted in smaller townships…
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Best Practices for Regulating Battery Energy Storage Systems
In 2023, the Michigan legislature passed Act 235, requiring energy companies to meet continuously increasing clean energy standards. By 2040, energy providers will be required to have an energy portfolio derived exclusively from “clean energy.” MCL 460.1051(1). This legislation, among other goals and incentives from utilities and the State of Michigan, has caused an increase…
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2024 United States Supreme Court Update: Township Officials and Employees and Personal Social Media Liability
The United States Supreme Court issued a unanimous decision on March 15, 2024, in Lindke v Freed, ___US___, 2024 U.S. LEXIS 1214 (2024). This opinion helps shed light on when and how the public has First Amendment rights under the United States Constitution to engage in social media posts related to municipal business on individual…
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Renewable Energy Projects: How Should Your Township Adjust Its Zoning Approach?
Several legislative changes to regulation of wind, solar, and energy storage advanced quickly at the end of the legislative session with the aim of setting and achieving a 100% clean energy standard for Michigan’s power grid in less than twenty years. For local governments, the largest impact is on zoning, siting, and regulation of utility…
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Pressing Pause: Answers to Seven Frequently Asked Questions About Moratoriums
Although townships will often navigate “routine issues,” every so often a township will be faced with a unique issue that may not be adequately addressed by a township ordinance. For example, there may be new development trends for a particular land use in a region that is not provided for in a township’s zoning ordinance….
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Top Seven Township Special Assessment Mistakes
In Michigan, townships often use special assessments to fund a myriad of improvements ranging from building sidewalks, treating inland lakes for invasive aquatic weeds, and improving roadways to providing police and fire protection. The most common statute for township special assessment projects is Act 188 of 1954, MCL 41.721 et seq., (“Act 188”) which authorizes…
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The Great (Inland) Lakes State: Township Inland Lake Improvements
Michigan is blessed with abundant natural resources, many of which are located within Michigan’s townships. Of those natural resources, Michigan is home to over 11,000 inland lakes. As Michigan’s townships encompass approximately over 95% of the state’s land area, most lakes are located within townships. Inland lakes offer numerous benefits to townships. They: (1) can…
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Renewable Energy Projects – Getting Past Go
Renewable energy projects including utility-scale wind and solar energy developments are becoming more and more prevalent in Michigan. In response to the coronavirus pandemic, Congress passed the Taxpayer Certainty and Disaster Tax Relief Act of 2020 in late December. This Act contains several provisions that will continue the development of renewable energy projects in Michigan….
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The Present and Future Regulation of Mining Operations
The siting of mining and extraction operations, such as gravel pits, can often be the source of great controversy. Although many residents view the proliferation of these land uses as damaging to adjacent properties, mining operations are considered valuable to state infrastructure and the economy according to certain interest groups. Due to this value and…
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Goodbye “Emily!”: A Review of 2018 Lame Duck Laws Affecting Townships
As 2018 came to a close, the Legislature rapidly passed a number of new laws, many of which impacted Michigan’s many townships. These laws addressed issues ranging from anonymous FOIA requests from requestors like “Emily,” to fireworks regulations, assessing, and even drones! This E-Letter is designed to update you on these changes, so you can…
