Marion Township approves first utility scale solar ordinance in county

HOWELL — The Marion Township Board of Trustees this week became the first municipality in Livingston County to approve an ordinance allowing utility scale solar developments.

The ordinance and proposed placement of any developments are controversial in part because Marion Township chose not to institute a moratorium like other townships in the county and because it was approved in about thee months.

Township officials have defended the ordinance, arguing some 8,000 acres of farmland is protected from large scale solar development.

Cohoctah, Conway and Iosco townships all are working on moratoriums or zoning ordinances.

The moves by the townships were spurred into high gear in 2022 after Chicago, Illinois-based Ranger Power announced plans to construct a 1,500-acre solar farm across portions of Conway and Cohoctah townships.

Ranger Power did not respond to a request for comment.

Where can solar be developed?

The board approved a solar farm overlay district which covers 170.49 acres. The area is along Pinckney Road, slightly west of Interstate-96 to Francis Road, and then toward Peavy Road, West Oaks Drive and Pinckney Road.

Trustee Dan Lowe had suggested a similar overlay district south of I-96 to Francis Road, along D-19, which covered approximately 158 acres and kept solar development off agricultural land.

The overlay district is intended to include areas in proximity to an electrical substation and electrical transmission lines to limit potential impact on other areas and within the township.

Treasurer Sandy Donovan and Trustee Greg Durbin supported approving the ordinance and making revisions as necessary in the future.

Attorney Laura Genovich of Foster Swift told trustees the ordinance can be revised in the same way as any other ordinance.

Supervisor Bob Hanvey pushed for the ordinance to to require a land use permit from the township for ground-mounted solar.

"I think the most important thing is that we got it off of all of the farmland in our township," township resident Erin Hamilton said.

Residents wanted a moratorium

Discussions about utility scale solar first began earlier this year with public meetings and hearings. Among other townships in Livingston County having similar conversations, Marion Township is the only one who actively decided not to impose a moratorium.

For months, residents in Marion and surrounding townships have begged board members to impose a moratorium because they felt the ordinance needed more time.

“Not only have they repeatedly refused to extend the moratorium to give them much-needed time to improve the draft ordinance, they've treated citizens coming in with research and suggestions with hostility and outright ignored many, many attempts to work together,” Hamilton said.

In January, trustees had proposed a plan to allow solar developments in the majority of the township.

"We have a bunch of very emotional residents who were concerned about the township," Hanvey said in January. "We certainly understand their concerns and there are no board members that are in favor of commercial utility scale solar panels in Marion Township."

At that time, residents expressed concerns about the long-term effects to the land and decreased property values, among other issues. It was also suggested that the board hold a town hall to give residents an opportunity to speak, as well as hire aan attorney who specializes in solar.

MORE: Marion Township postpones consideration of solar ordinance changes

Ag land off limits

The township held two public hearings which gave residents an opportunity to voice their concerns. Additionally, the board hired attorney Michael Homier to assist them in drafting the ordinance.

With the help of Homier, the township came up with a revised solar farm overlay, which was primarily focused on Pingree and Coon Lake roads.

On Feb. 9, the board decided to continue working on the solar ordinance without a moratorium.

MORE: Marion Township Board hears concerns, says it will move ahead on solar zoning

MORE: What's happening with utility scale solar in Livingston County? Here's what we know.

In early March, board members discussed setbacks, acreage minimums and distance from waterways. At the March 9 meeting, Lowe suggested postponing action due to new information being brought to light. Hanvey made a motion to approve the ordinance as is but failed due to no second being provided.

At the March 23 meeting, it was unanimously approved.

"As of right now, we went from 8,000 acres of agricultural land in Marion Township to no acres of agricultural land in Marion Township for utility scale solar, so I'm ecstatic about that," Hamilton said. "I think that's a really big step in the right direction and has been my kind of driving force behind this whole thing is just to protect local and national farmland."

Livingston Daily reporter Patricia Alvord can be reached at palvord@livingstondaily.com.

This article originally appeared on Livingston Daily: Marion Township approves first utility scale solar ordinance in county