Wind and Solar Leasing in St. Clair County, Michigan

The county's rules: stricter than the state's statewide standard

In an effort to impose stronger local protections on solar and battery-storage development, St. Clair County adopted its own siting regulations, effective May 1, 2025, that went beyond what Public Act 233 of 2023 (Michigan's statewide renewable-energy siting law) sets as the default standard. The county's rules included a 45-decibel noise limit at non-participating property lines -- noticeably stricter than PA 233's own 55-decibel cap -- a requirement that the county Health Department approve a project before construction could begin, and a decommissioning financial-assurance requirement of at least $100,000 per megawatt (adjusted for inflation), which the county argued was more robust than PA 233's own, more flexible decommissioning-cost provisions.

DTE sued, and won: what the ruling actually changed

DTE Electric Company filed suit against St. Clair County, its Board of Commissioners, and its Health Department on July 3, 2025, arguing that the county's stricter regulations exceeded what PA 233 permits a local government to impose -- since PA 233's framework generally requires a local Compatible Renewable Energy Ordinance to be no stricter than the statewide standards in order for the local approval process (rather than direct Michigan Public Service Commission permitting) to apply. According to reporting on the litigation, the county's core public argument centered partly on characterizing solar facilities as a potential health hazard to justify the stricter noise and health-review standards.

St. Clair County Circuit Court Judge Michael West ruled in the energy companies' favor, overturning the county's stricter rules. The practical effect: as of this ruling, St. Clair County's own noise, health-review, and decommissioning standards for qualifying solar and battery-storage projects appear to be superseded by PA 233's statewide standards rather than the county's own tighter version -- though whether the county has appealed, or how exactly local review now proceeds in practice, was not independently confirmed in this research pass.

What this means before signing a lease

1. Confirm the current, in-force siting standards directly with St. Clair County and/or the Michigan Public Service Commission before assuming either the county's original (now-overturned) rules or a straightforward PA 233 default applies -- the post-ruling situation should be verified rather than assumed.
2. Ask a prospective developer whether the specific project would be permitted through the MPSC directly under PA 233, or through a local Compatible Renewable Energy Ordinance, since that affects the approval timeline and the noise/setback standards that will actually govern the project on your land.
3. Check the specific township's own zoning ordinance in addition to county-level policy, since general zoning in St. Clair County is administered at the township level (see the county hub), separate from this specific county-level solar-siting dispute.
4. Have any lease agreement reviewed by an attorney experienced in Michigan wind/solar leasing and PA 233 specifically, given how recently this litigation was decided and how unsettled the broader PA 233 legal landscape remains statewide.