On November 29, 2024, House Bill 5120 (PA 233 of 2023), which provides siting authority to the Michigan Public Service Commission for utility-scale wind, solar, and energy storage facilities will go into effect under specified conditions.
Participating in PA 233 is still a decision for individual landowners and these landowners will not be forced in any way to be a part of solar development. But some landowners may be interested in getting in on this new wave of solar development by offering their land.
This blog is meant to serve as a primer for those interested landowners who want to offer their property to developers for solar development.
Aside from making the affirmative decision to want to have developers develop your property, the first step is consulting with the appropriate authorities to see if your property is a feasible site for development. This may include consultation with various members from the State of Michigan government, your local county, your municipality, and even the members of the Federal government.
After formal approval from the relevant authorities, the next step is marketing your property so developers know you have an eligible property for development. Marketing can include newspaper or online ads, verbal solicitation, billboards along the highway, etc. By getting the word out, developers will be put on notice and will approach you. If you are lucky, and your land desirable, a developer may be the initiator of the conversation on potential solar development and you may not have to advertise at all.
Finally, once you the landowner meet with the developer, an agreement will need to be drawn up explaining the rights and duties of the homeowner and developer. There are many other steps that go into solar development and issues that can arise for landowners.
It should be noted this is a fluid process and the order in which things occur may not be a straight line. For example, you may be in the middle of getting approval from the Michigan Association of County Drain Commissioners while negotiating with an energy company on prices of leases of your land when you are approached by a developer. Even after construction is finished, issues may arise with maintenance of the newly developed facility.
For these reasons, among many others, you will most likely want to have an attorney present throughout the solar development process, and even after, as these matters as you want to make sure your interests are protected adequately.
The attorneys at Dalton & Tomich have many years of combined experience in all aspects of land use and can provide you with solutions to any issues you may face in developing your property. Please do not hesitate to reach out if you have any questions or concerns.
NB: This article does not constitute legal advice and does not create an attorney-client relationship with any reader(s).
