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Legal counsel: PA 233 limits Mendon’s ability to bar large renewable projects
Summary
Township attorney Joe Haas told the Planning Commission that adopting a CREO (comparable renewable energy ordinance) would require identical compliance with Public Act 233 and would not permit the township to refuse state-compliant renewable projects; commissioners were advised to weigh administrative costs before pursuing a CREO.
Township legal counsel Joe Haas told the Mendon Township Planning Commission on July 21 that Public Act 233 (PA 233) narrows local authority over large renewable energy projects and that creating a CREO would require the township’s ordinance to match PA 233’s requirements exactly. "The CREO has to be identical to the requirements of PA 233 so the Township doesn't get the ability to say no to a project if the project comes forward and it complies with all the requirements of PA 233," Haas said.
Haas said the cost to administer a CREO would be significant because the township would need technical experts — engineers, geologists and environmental reviewers — to verify compliance, a capacity Mendon lacks. He noted the township’s existing solar ordinance still applies to smaller projects under 5 megawatts and recommended the commission consider narrower, locally tailored rules for small wind or BESS projects rather than a full CREO. Commissioner Jason Bingaman asked whether the township could adopt stricter setbacks or negotiate terms with utilities; Haas and other commissioners replied that negotiation with a utility such as Consumers Energy can yield local protections, but if a project later meets PA 233 standards the township cannot block it.
The exchange underscored a trade-off the commission faces: local control and additional restrictions can provide protections, but taking on permitting and review raises recurring administrative costs and litigation risk if the township fails to apply its rules consistently. The commission did not adopt an ordinance at the meeting and instead took direction to research targeted measures for smaller projects and use negotiation with utilities as one avenue to secure local concessions.
