Public Act 233 of 2023 establishes a siting process at the Commission for utility scale wind, solar, and energy storage facilities under certain circumstances. After holding a number of public workgroup meetings, the Commission issued an Order in MPSC Case No. U-21547, adopting Application Filing Instructions and Procedures related to applications that will be filed under PA 233.
This webpage contains helpful information for members of the public, landowners who may be considering leasing their property for renewable energy development, local government officials, and project developers. These materials are intended for informational purposes only, are not an official determination by the Commission (which speaks through its orders), and are not intended to be comprehensive or a substitute for legal advice.
Individuals with questions regarding the content of this webpage or interested in additional information should reach out to MPSC's RESS Staff.
The resources below aim to provide descriptive and visual guides for the PA 233 application process. That process is summarized in the following flowchart:
PA 233 Application Process Flowchart
PA 233 applications will be considered through the MPSC's "contested case" process, with MPSC Staff, the Applicant, and any other intervenors participating as parties to the case. The process and opportunities to engage are summarized in the following flowchart:
One common subject of interest in renewable energy developments is setbacks. A "setback" is the amount of space between the nearest edge of the perimeter fencing of a proposed facility and a permanent structure or feature. PA 233 defines minimum required setbacks by project type, as follows:
Solar installations must be surrounded by a fence, and setback distances are measured from the enclosing fence. Installations must be 50 feet from the edge of the nearest public road right-of-way as well as from the property lines of nonparticipating parties. Solar installations must also be at least 300 feet from the nearest point on the outside wall of occupied structures on nonparticipating properties.
View Solar Setback Requirements Graphic
The required setbacks for energy storage installations are the same as those for solar installations: 50 feet to the nearest public road right-of-way and to the nearest shared nonparticipating property line, and 300 feet from the nearest outside wall of an occupied structure on a nonparticipating property.
View Energy Storage Setback Requirements Graphic
Setback distances for wind are measured from the base of the tower and are a multiple of the maximum blade tip height, which is the height from the base of the tower to the tip of the blade when the blade is fully extended. Wind installations must be 1.1x the maximum blade tip height to the nearest public road, utility transmission lines, structures on participating properties, and non-participating property lines. Wind installations must also be 2.1 times the maximum blade tip height to the nearest occupied building or residences located on nonparticipating properties.
The Renewable Energy Academy (REA) within the Michigan Department of Environment, Great Lakes, and Energy (EGLE) has produced resources for those with interest in the PA 233 process. The REA also administers the Renewable Ready Communities Award (RRCA), a state-wide renewable energy development incentive program. Find more information below.
For more information regarding Renewable Energy Storage Siting, please reach out to MPSC's RESS team.
To find out how to engage with MPSC's case and hearing processes, please visit the Get Involved page.
The resources below are geared toward applicants and intervenors intending to participate in the PA 233 application process.
The following two documents will be required in the preparation of an application and may provide important insights and requirements for intervenors.
PA 233 Application Filing Instructions and Procedures
To schedule a pre-application meeting with MPSC Staff, please complete the below questionnaire and send it to LARA-MPSC-Siting@michigan.gov.
PA 233 MPSC Pre-Application Meeting Questionnaire
The information below provides additional support and guidance.
Under Public Act 233 of 2023, developers seeking to file a siting application with the MPSC are required to conduct consultation with certain state and local agencies and tribal governments. To help facilitate those consultations, MPSC Staff has collected contact information, where available, to which PA 233-related requests should be addressed. Resources will continue to be added to this list, as they are made available to MPSC Staff.
Contact Scott Hicks, Michigan Ecological Services Field Supervisor, at scott_hicks@fws.gov.
Contact Christopher Hoving, Adaptation Specialist, at hovingc@michigan.gov.
Developers are encouraged to fill out the SHPO PA 233 Pre-Application Consultation Form, according to the instructions provided by SHPO, both provided at this webpage.
Send the completed form to Scott Slagor, Cultural Resource Protection Manager, at slagors2@michigan.gov.
Contact Anita Singh, EGLE Permit Coordinator, at singha3@michigan.gov.
MDARD has created a general receiving email for PA 233 projects; contact MDARD-ConsultationsMPSC@michigan.gov.
Developers are instructed to contact the county drain office for the counties in which the project is proposed.
For general information, and to find contact information for the relevant county drain offices, visit the Michigan Association of County Drain Commissioners webpage.
All requests should be addressed to each Michigan Tribal Historic Preservation Officer and/or Tribal Cultural Representative, not to the Tribal Governments generally. Contact information for those individuals can be found on this webpage.
No siting applications have been submitted to MPSC. Once an application is received, it will be listed here.
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