Detroit solar neighborhood plan prompts land use debate

As Detroit pursues approval for its neighborhood solar initiative , Mayor Mike Duggan's administration is answering questions about the legality of constructing solar facilities in residential zones.

The big picture: The plan proposes transforming 104 acres of mostly vacant land, which includes some occupied homes across three neighborhoods, into new solar arrays. The city plans to compensate the 21 homeowners who would be displaced by offering them double market value for their properties.

• The initiative is a significant example of the city using its authority to repurpose land in a manner it believes will benefit residents, although opinions among residents and policymakers are divided.

Friction point: City Council members, including President Mary Sheffield, have raised legal concerns and are fearful of potential lawsuits over placing solar farms in urban areas.

• Sheffield is seeking an outside legal opinion regarding the solar plan's use of eminent domain and the city needing to exempt itself from its zoning ordinance to build utility developments in residential areas.
• Monday during a committee meeting, a legislative policy advisor endorsed getting another legal opinion.

State of play: City government uses of land for the public benefit are not restricted by local zoning ordinances under state law, the Duggan administration's top lawyer, Conrad Mallett, told City Council, citing five past state court cases backing up the opinion. That means the city can use residential land for solar, he says.

• The law department believes the city has a sound legal basis to protect itself in court if anyone challenges it.

However, during a committee meeting Monday, Mallett concurred with a concern raised by City Council's legislative policy analysts, expressing the need for caution as state courts haven't yet directly reviewed solar fields.

• Mallett said this could be solved by amending the Detroit municipal code to include solar as an "essential service," as well as amending the zoning ordinance.
• "We would be bulletproof" in any court fight, he said.
• There's still disagreement about whether these changes would need to be made before approving the solar plan, or if it could all happen concurrently.

What's next: City Council is continuing to deliberate over a resolution and two contracts that would move the solar plan forward.

• Council is expected to vote Tuesday on Sheffield's request to use Perkins Law Group as outside counsel.

Between the lines: The three neighborhoods proposed for new solar fields volunteered for them, and the city says the residents getting paid to leave have all agreed to do so voluntarily.

• Yet, residents appear to disagree about the plan's impact. Some argue solar developments would help neighborhoods by providing benefits to residents, while others believe they'd slow progress, including by taking developable land out of use.