Why do bad things happen to good Townships?
Why are we seeing this massive invasion of Data Centers and Industrial Solar Projects flooding into small communities all across Michigan? What are the drivers? Why don’t our local township officials just say no? What can we do about it?
Before we can solve a problem, we must have a good understanding of what the problem is. Only then can we have an intelligent discussion about what can be done to solve the problem. Let’s take a quick look at some historical benchmarks that work together to set the tone for today’s land use, battles.
The Michigan Zoning Enabling Act (Public Act 11 O of 2006) was signed into law by Governor Jennifer Granholm. The act took effect on July 1, 2006, consolidating previous zoning statutes into a single legal framework governing land use and development across Michigan’s local municipalities.
PA 110 specifically bans exclusionary zoning. In Michigan, exclusionary zoning refers to local land-use regulations1hat ‘effectively prohibit certain types of lawful land uses, population groups, Data Centers and Industrial Solar projects, among many others.
Michigan law strictly governs this practice under the Michigan Zoning Enabling Act (MCL125.3207). Local-governments are legally prohibited from totally excluding any otherwise, lawful use of property if1here ls a demonstrated public need for that use within the community or surrounding region.
This is probably the single biggest reason a local planning commission or township board does not simply say no to new developments. They cannot legally do so. Many have tried, and most were forced to be defendants in a lawsuit they cannot win. Michigan courts have routinely ruled against local municipalities and almost never find in their favor regarding exclusionary zoning.
Governor Snyder signed Public Act 341 in 2016. In a direct violation of free market principles, the law increased the Renewable Portfolio Standard from 10% to 15’% by 2021, driving utility-scale wind and solar development across the state. Your energy provider is being forced; by law, to invest in renewable energy sources by the State of Michigan. Regardless of how much farmland is lost and in complete disregard for the voices of the local communities who get stuck with them.
In November of 2023, PA 233 was signed into law by Governor Whitmer. This law allows the Michigan Public Service Commission (MPSC) to overrule local ordinances under the guise of ”ensuring a reliable electric grid for Michigan residents. This law had a severely negative impact on a township’s ability to determine its own destiny regarding renewable energy projects. In other words, if a developer decides it doesn’t like the zoning restrictions of a local planning commission, they can get around them by going to the MPSC.
Governor Gretchen Whitmer signed-House Bill 4906 (Public Act 207 of 2024) and Senate Bill 237 (Public Act 181 of 2024) to offer significant tax Incentives to enterprise data centers in Michigan. The legislation encourages tech companies to build massive data centers in the state in exchange for enormous tax breaks through 2050 and In some cases 2065. The response has been both fast and furious from tech giants.
These four bills, passed by three different governors, have had an egregious, inexcusably offensive and severely negative, effect on the daily lives of millions of Michiganders, and it may get worse. Each one, specifically designed to remove local control from your township government bodies. Each one being mandated from the top down, no matter how loud you plead in dissent. Each one intentionally puts industrial development ahead of what residents care about most, their families and their communities.
What can be done about it? Does your voice even matter?
Yes, absolutely yes, your voice matters, but here’s the thing. Problems that originate in Lansing have to be solved in Lansing. We cannot afford to have local residents and concerned citizens get caught playing checkers when Lansing is playing chess. These bills deserve to be rescinded but the chances of that happening are between slim and none. The actual answer, the real fix to this problem is much simpler and will work much better.
We need our legislators in Lansing to pass a bill that will allow local townships and villages the ability to OPT OUT of Data Centers and Industrial Solar. The precedent has been set.
Under the Michigan Regulation and Taxation of Marihuana Act, municipalities (cities, villages, and townships) have the authority to adopt ordinances that prohibit any or all types of commercial marijuana establishments within their boundaries.
Many townships, including Fabius Township opted out of the marijuana business.
Others chose to opt in. It’s a win/win solution. It allows us to preserve our natural resources, our groundwater. farmland and our rural character. All the while, any community that desires the promises of Industrial development is free to pursue their options.
Your voice matters, and now is the time to use it. I urge you to contact our legislators in Lansing and let them know that the people they represent expect practical, effective solutions to the challenges facing our communities.
Call, text, email, write a letter, or schedule an in-person visit. Ask them to support **OPT OUT** legislation, or simply forward this letter to their office. When elected Officials hear from more constituents, they are more likely to take notice and act.
Real change begins when citizens speak up. Together, we can encourage thoughtful leadership, restore accountability, and make common sense a priority once again.
Contact information for the legislators representing St. Joseph County, Michigan, is provided below.
Sincere regards,
Daniel K Wilkins
Fabius Township Supervisor
fabiussupervisor@gmail.com
Speaker of the House
Matt Hall
matthall@house.mi.gov
(517) 373-1784
Senate Majority Leader
Winnie Brinks
senwbrinks@senate.michigan.gov
(517) 373-1801
Senator Jonathon Lindsey
17th Senate District
senjlindsey@senate.michigan.gov
(517) 373-3543
Representative Steve Carra
District 36
SteveCarra@house.mi.gov
(517) 373-0843