COLDWATER, MI (WTVB) – Prohibitions against exclusionary zoning under Section 207 of the Michigan Zoning Enabling Act prevent local governments from outright banning data centers if the projects meet basic state guidelines, forcing municipalities to shift from total bans to stringent local restrictions.
While the law dictates that communities cannot implement complete prohibitions or exclusionary referendums against the facilities, the state has granted the Michigan Public Service Commission (MPSC) broad utility authority to bypass strict municipal zoning boards.
These provisions have fueled intense pushback from local officials across the state and grassroots groups rallying for a one-year statewide moratorium.
In response, Governor Gretchen Whitmer has introduced the Michigan Affordability and Responsible Growth Pledge, pushing for state legislative guardrails to ensure operators fund their own infrastructure upgrades without passing the financial burden to tax payers taxpayers.
Faced with these legal limitations, communities in Branch County are aggressively utilizing targeted zoning to limit where and how the facilities can operate. The Girard Township Planning Commission recently unanimously adopted an ordinance restricting data center expansion entirely to a single industrial parcel, while tacking on specialized noise, heat, and light regulations.
Meanwhile, State Representative Jennifer Wortz of Quincy Township has introduced House Bills 5594-5596 pushing for a strict, yearlong statewide pause on new data center developments.
Rather than issuing a temporary freeze, the City of Coldwater Planning Commission voted last week to pursue definitive legal framework, to draft permanent ordinances that heavily restrict data center locations and operational flexibility.
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