Battery storage rules: Michigan
In Michigan, local zoning decides where battery storage goes. For a project of 50 MW and 200 MWh or more, the developer may instead apply to the Michigan Public Service Commission for a siting certificate (Part 8 of the clean and renewable energy act, added by 2023 PA 233, in effect since November 29, 2024); a local unit of government with zoning may also ask the Commission to require one. If the Commission issues a certificate, the law says the certificate and the act "preempt a local policy, practice, regulation, rule, or other ordinance that prohibits, regulates, or imposes additional or more restrictive requirements than those specified in the commission's certificate" (MCL 460.1231(3)); other federal, state and local permits are still required (460.1231(5)). The fire code is set locally where a local government has adopted one.
No statewide pause; some townships have paused or written battery storage rules
There is no statewide moratorium. Some townships have adopted moratoriums or battery storage ordinances; ask yours what is in effect now. e.g. Comstock Township Ord. 564; Webster Township Ord. 26-02
Fire and building codes in force
- The state fire rules adopt NFPA 1 (2006 edition) for the buildings they cover and do not apply where a local government has adopted a nationally recognized fire code (Mich. Admin. Code R 29.1651–29.1652)
- 2021 Michigan Building Code (effective April 9, 2025); 2015 Michigan Residential Code (February 8, 2016); 2023 National Electrical Code (March 12, 2024)
How a project is permitted
Local zoning by default. For a project of 50 MW and 200 MWh or more, the developer may apply to the Michigan Public Service Commission for a siting certificate, and a local unit with zoning may ask the Commission to require one (MCL 460.1222). Ask: does my township have an ordinance for battery storage, or a moratorium? Which fire code and edition does my fire authority enforce? Is a project of this size handled by the township or eligible for the state Commission?
Setbacks and spacing
- State standard for a Commission certificate (not a statewide rule): 300 ft from occupied buildings and homes on non-participating land, 50 ft from a public road right-of-way, 50 ft from a non-participating property line (all measured from the fence); the NFPA 855 version in effect on November 29, 2024 or a successor the Commission adopts; 55 average hourly dBA modeled at the nearest such adjacent home; dark-sky lighting. An application also needs fire response, emergency response and decommissioning plans (with financial assurance). Fire / building code MCL 460.1226(8)(c); 460.1225(1)(q)–(r)
Legislation
- 2023 PA 233: state siting for large renewable and storage projects (enacted): In effect November 29, 2024. The Commission's order implementing this process was reviewed by the Michigan Court of Appeals (May 7, 2026); applications for leave to appeal are pending at the Michigan Supreme Court. MCL 460.1221 et seq.; Court of Appeals No. 373259; Supreme Court No. 170249
- HB 4027 / HB 4028 (2025): repeal of the state siting part (pending): Passed the House 58–48 on April 30, 2025; in Senate committee since May 6, 2025. Not law. legislature.mi.gov, 2025-HB-4027
Storage in this place
- EIA Form 860M (September 2026): 4 operating battery generators in Michigan totaling 120.3 MW, and 3 planned totaling 420 MW, all due in 2027 (EIA covers plants of 1 MW or more).
Places within
- Comstock Charter Township (Kalamazoo County), MI — battery storage ordinance adopted December 2025; the pause ended
- Webster Township (Washtenaw County), MI — one-year moratorium on battery storage and data centers (April 2026)
Sources
- MCL 460.1222 — certificates for energy facilities (2023 PA 233) Michigan Legislature
- MPSC — Renewable energy and storage facility siting Michigan Public Service Commission
- Michigan Court of Appeals, No. 373259 (May 7, 2026) Michigan Court of Appeals
- HB 4027 (2025) — bill page Michigan Legislature
Check a specific system
For a proposal or a system you're evaluating, answer a few questions in BESScheck: you get the rules that apply here, a checklist of what to ask, and the sources behind each line.