Officials Consider Legal Options for Proposed Solar Project

Grant Township trustees and Grand Traverse County commissioners will meet separately this week to explore options for responding to a proposed 375-megawatt solar project spanning Grand Traverse and Wexford counties. The project highlights zoning control tensions after a 2023 Michigan law change allowed solar developers to bypass local boards and go directly to the state for approval – a path developer Ranger Power is now pursuing after running into local resistance.

Ranger Power, under the affiliate name Shipyard Solar LLC, began appearing before local boards this spring to present the project. Primarily located in northern Wexford County – with parts of the infrastructure planned for Grant Township in Grand Traverse County – the project was initially presented as a 300-megawatt facility with solar panels on 1,800 fenced acres. Representatives said the company had “partnered with several local farmers through long-term lease agreements to include land in the project,” acquisition work that started in 2023.

When describing the site selection process, Ranger Power emphasized it only partners with landowners who voluntarily participate and doesn’t use eminent domain. Projects are located near existing transmission infrastructure, avoid wetlands/streams/endangered species, and are based near load centers like Traverse City, representatives said. Ranger Power touted the proposal’s economic benefits, saying it could “generate tens of millions of dollars in personal property tax revenues during its lifespan” and “create hundreds of construction jobs.”

Representatives also noted that the state’s Renewable Ready Communities Award offers communities up to $5,000 per megawatt for the portion of projects they permit. The company said the project uses permanent vegetative ground cover that allows farmlands to regenerate and would “provide supplemental income to local farmers,” diversifying their revenue streams. But at multiple public meetings, dozens of residents including farmers pushed back on the proposal. Several said they supported renewable or solar energy but were firmly against converting valuable farmland for such projects.

Ranger Power said its goal was to work with local communities to design a project that addressed their concerns. But it also pointed out that if it didn’t receive local approval, it could go directly to the state instead. That’s because Public Act 233, which was passed in 2023, gives the state instead of townships the power to approve large-scale renewable energy projects. The controversial law was recently upheld by the Michigan Court of Appeals, but 79 townships and counties across Michigan are challenging it to the Michigan Supreme Court.

Under the law, developers can directly seek Michigan Public Service Commission (MPSC) approval unless a local unit of government has a compatible renewable energy ordinance (CREO) in place that is “no more restrictive” than state requirements. Many communities began creating CREOs after the law change. However, MPSC later issued an order limiting the conditions CREOs could address, which rendered many of them non-compliant.

The order, which says a CREO can only address setbacks, fencing, height, sound, and other express requirements and not anything beyond that, is one of the issues being challenged in the lawsuit. Communities have argued the order is overly limiting and that MPSC has exceeded its authority by narrowing local oversight beyond what was intended by legislators.

Ranger Power initially sought to work through the local approval process by applying for a zoning amendment to the Wexford Joint Planning Commission (WJPC). The WJPC represents nearly a dozen townships across Wexford County. Its zoning ordinance does not allow for utility-scale solar projects in the Ag-Forest Production zoning district where the proposed facility would be located. Ranger Power promised to provide sound and glare studies, a decommissioning plan, and a community benefits agreement as part of a special use permit if the zoning amendment was approved.

However, the WJPC unanimously voted on July 27 to recommend that townships deny the zoning ordinance amendment for being too broad. Shortly after, Ranger Power began notifying local governments that the company plans to apply to MPSC directly. The project is now described as a 375-megawatt instead of 300-megawatt facility. That would make it one of Ranger Power’s largest projects, as the company previously said its developments range in size from 50 to 400 megawatts.

Developers must get written acknowledgement from each affected jurisdiction as to whether a local CREO is in place before they apply to the state. Under the recent Michigan Court of Appeals ruling, affected jurisdictions include not only townships but any counties, villages, or cities where the project is located. Grant Township trustees will meet tonight (Tuesday) at 5:30pm to discuss the acknowledgement request and will consider hiring special legal counsel to guide them through the process. Grand Traverse County commissioners will discuss the request at their 9am meeting Wednesday.

County Administrator Nate Alger says this is a new issue for county officials, so they’re “relying heavily on legal counsel” for advice. That includes a deadline for responding, which the courts have interpreted would be within 30 days of meeting with developers – not just receiving their letter, which Ranger Power sent on August 14. Commissioners  will vote Wednesday on having the county’s attorneys work with Alger to respond to Ranger Power and set up a meeting.

The solar project could have ramifications beyond zoning control and land use. Just last week, MPSC approved its first application under Public Act 233 – a 90-megawatt facility in Ingham County also led by Ranger Power. A settlement agreement outlined detailed construction requirements for Ranger Power as well as financial benefits for the townships. Ingham County worked out a separate agreement with the developers for funding benefits. “That’s an option that’s available to us,” says Alger of financial compensation.

In an emailed statement to The Ticker, Ranger Power said: "We remain fully committed to open dialogue and active collaboration with local leaders as we evaluate the next steps for the Shipyard Solar project. While we determine the path forward, our core priority has not changed. We will continue working with community members and stakeholders to ensure a positive, meaningful outcome." Ranger Power previously said that it hopes to begin construction on the northern Michigan project in late 2028, with the facility operational by mid-2030.