ZEELAND TOWNSHIP, Mich. — Ottawa County commissioners are expected to decide Tuesday, Oct. 27 whether to formally join the state review of the proposed Silver Maple Solar project, a move that would give Ottawa County its own voice as regulators consider one of the largest solar developments proposed in West Michigan.
WATCH: Ottawa County could decide Oct. 27 whether to join Silver Maple Solar case
The decision comes as debate over the project continues to divide residents and comes just days after an Ottawa County judge ruled in favor of RWE Solar Development in a separate legal dispute involving land critical to the project.
The proposed Silver Maple Solar project would cover nearly 1,900 acres in Zeeland and Jamestown townships. Before construction can begin, the project must be approved by the Michigan Public Service Commission under Public Act 233, the state law that shifted approval authority for large renewable energy projects from local governments to state regulators.
At an Ottawa County Commission work session Friday, supporters and opponents once again made their case.
“This project provides clean and renewable energy while allowing farming to still happen,” one resident told commissioners.
Others argued the project threatens the community's agricultural identity.
“What happens to our farming heritage, our rural character and the next generation of farmers who hope to continue this way of life?” another resident asked.
The discussion centered on whether Ottawa County should seek intervenor status in the MPSC case. Intervenor status would allow the county to participate directly in proceedings, present evidence and arguments, and advocate for county interests during the state review process.
“The Michigan Public Service Commission needs input from the 10,000-foot view, which is going to be Zeeland Township and Jamestown Township, and they've got a view from about 30,000 feet up with the state of Michigan's priorities,” Ottawa County Board Chair Josh Brugger said. “But what they're missing, and what Ottawa County can fill in on, is the 20,000-foot view.”
Brugger said that broader countywide perspective includes farmland preservation, infrastructure planning, housing affordability and water resources.
While opponents have largely focused on the loss of farmland, Brugger said county officials are also examining how future development patterns could be affected if nearly 1,900 acres are removed from consideration for residential growth.
“If we're going to look at building between 30 and 40,000 houses in the next 40 years, this is actually pretty good land for building new subdivisions,” Brugger said. “As much as that pains me to say, as far as the farmers go, this is actually land that is suitable for that.”
Brugger noted that parts of central Ottawa County face water and infrastructure challenges that could make future housing development more expensive.
“With RWE taking up this land, there's a possibility that our homeowners in Ottawa County are going to be paying between 10 and 20 thousand dollars more per housing unit in order to bring infrastructure to meet those needs,” he said.
The discussion comes as Zeeland Township continues its legal challenge to Public Act 233.
In a statement to FOX 17, Zeeland Township Supervisor Kerri Bosma said Ottawa County's potential involvement could strengthen the community's voice before state regulators while highlighting the township's latest efforts to maintain local oversight of the project.
Zeeland Charter Township appreciates Ottawa County's discussion about intervening in our case before the Michigan Public Service Commission. This is an important issue, and the larger voice our community has the better.
The Zeeland Charter Township Board has been proactively protecting the interests of our residents and community. The Township Board recently adopted a franchise and right-of-way ordinance to provide clear expectations for RWE and others seeking to use our rights-of-way. We believe the Township has inherent authority under the Michigan Constitution to require franchises govern its rights-of-way. Adopting this ordinance simply provides additional clarity. The adoption of the ordinance is simply the latest step in our ongoing efforts to protect our community.
County attorneys told commissioners that becoming an intervenor would not immediately require Ottawa County to support or oppose the project. Instead, the county would secure a seat in the process while deciding what issues it wants to raise before regulators.
“I think any time that Ottawa County commissioners can speak out on behalf of their residents, regardless of what the issue is, we ought to stand together,” Brugger said. “However, what exactly our position is once we are an intervener, that's where the rubber meets the road, and it could get a little bit more tricky among differing viewpoints among commissioners.”
Smallegan ruling remains significant factor
The county's discussion comes less than a week after Ottawa County Circuit Judge Jon Hulsing ruled in favor of RWE in its legal dispute with members of the Smallegan family.
The lawsuit involved approximately 562.8 acres owned by members of the Smallegan family, land that court records indicate accounts for roughly 30% of the proposed solar project's footprint.
In his ruling, Hulsing determined RWE properly exercised lease options tied to the property and properly delivered required notices before a Nov. 19, 2025, deadline. The judge concluded the company now holds exclusive possessory rights to the land covered by those agreements.
The ruling authorizes RWE to move forward with actions permitted under the contracts while the company continues seeking state approval for the project.
The Smallegan family's attorney previously told FOX 17 the family is considering an appeal.
RWE also provided FOX 17 a statement following the ruling.
RWE strives to be a good neighbor to all communities that host our projects. While the court’s decision recognized certain rights in this case, we have not barred the Smallegans from their homes or livestock operations, and we have proposed to the Smallegans a framework that we believe is fair to all parties in seeking a resolution. We will continue engaging with the family and greater community in good faith as we work toward a mutually agreeable path forward following the court’s decision.
Despite the court ruling, the Silver Maple Solar project cannot proceed unless it receives approval from the Michigan Public Service Commission.
Commissioners are expected to decide Oct. 27 whether Ottawa County will pursue intervenor status. If approved, county attorneys said the county would have until Nov. 12 to formally file for party status before the Michigan Public Service Commission.
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