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Hayes Township plan to adopt "workable" renewable-energy ordinance reviewed by Charlevoix County planners
Summary
Hayes Township presented draft zoning text for utility-scale renewable energy and battery storage; commissioners reviewed the text, discussed monitoring and enforcement, and voted to send staff reports and comments back to Hayes Township for consideration.
Charlevoix County Planning Commission members reviewed proposed Hayes Township zoning text amendments related to utility-scale renewable energy and battery energy storage at their March 6 meeting and unanimously agreed to forward the Planning Department's staff reports and the Commission's comments to Hayes Township.
Roy Griffitts, chairman of the Hayes Township Planning Commission, told the county board that Public Act 233 of 2022 constrains local regulation of utility-scale renewable projects (50 megawatts and above) and gives the Michigan Public Service Commission (MPSC) enforcement authority. He said Hayes Township drafted a "workable" ordinance based on model language from the Michigan Townships Association so the township can negotiate project scope rather than have the state unilaterally approve a project that meets statutory standards.
Kiersten Stark, the county Planning Director, reviewed the staff report and commissioners discussed whether to require third-party monitoring to confirm compliance. Commissioner Mike Ritter noted third-party monitoring would be an expense the township could require the developer to pay; Roy Griffitts said the state does not mandate such monitoring but the township could include it if it wanted, at the risk that a developer might deem the requirement "not workable" and seek state review instead.
Motion: Commissioner Pam Grassmick moved to send the Planning Department staff report and the Commission's comments to Hayes Township for consideration on the utility-scale solar text; D. Wheeler seconded. By unanimous voice vote the motion carried. A second motion to send the staff report on proposed Battery Energy Storage Systems to Hayes Township also carried unanimously.
Why it matters: Under Public Act 233 of 2022, townships retain some ability to adopt detailed local standards but risk losing negotiation leverage if developers opt for state review. Local standards can influence setbacks, monitoring, and siting details if developers choose to work with the township.
What comes next: Hayes Township will consider the county's comments as it finalizes any local ordinance.
