The Michigan State University Extension Service pulled from its website a model zoning ordinance for wind energy developments after industry executives and lobbyists complained that its safety standards would impede wind farm development.

The ordinance was contained in a pamphlet that was posted in March 2017 and pulled down later in the spring. MSU then posted a revised version on Aug. 24. The recommendations in that version would allow for turbines and their towers to be located closer to property lines, where they might have a greater effect on neighbors.

University officials pulled down the original version of the zoning recommendations after they were contacted by an attorney for the country’s largest wind and solar energy company. An article posted in April on the website of a wind industry trade group described some of the original MSU recommendations as “wholly unworkable.”

MSU’s actions come as developers seek to cash in on a mandate imposed by the Legislature in 2016, which has led to conflicts in Michigan communities targeted for wind farm development. The new law increases by 50 percent the amount of renewable energy that utilities must use, which in Michigan means more wind turbines.

In May, voters in Huron County defeated permissive windmill zoning proposals by a vote of nearly two to one. Residents in Isabella County have complained about conflicts of interest involving zoning officials who stand to receive thousand of dollars in annual tower lease income and are now considering permissive zoning amendments related to wind farms.

Similar stories are coming out of other communities targeted for industrial wind farm developments covering tens of thousands of acres.

The original MSU Extension Service pamphlet released March 6 was written by staff member Kurt Schindler and reviewed by Brad Neumann, also on the MSU staff. Their work was reviewed by Richard Wilson, an attorney who represented Consumers Energy, a major player in the expansion of wind farm developments in Michigan.

The original version recommended that wind turbines and towers have a 2,500-foot property line setback. The recommended setbacks in the revised version are less than half this distance, potentially allowing spinning turbine blades in greater proximity to neighbors’ homes.

MSU spokesman Jason Cody said the example cited in the original document could be misinterpreted as a recommendation rather than a discussion point, which was the author’s intention.

The revised pamphlet also allows for much louder turbine operations. The extension service originally recommended that the “sound pressure level shall not exceed 40 dB (A) measured at the property lines or the lease unit boundary.” The revised version suggests that local governments allow wind farms to operate at up to 55 decibels. It also uses a more lenient measurement method that allows this noise level as close as 100 feet from a dwelling.

In a May 22 email to Neumann, Matthew Wagner, a manager of renewable energy developments for the utility company DTE, blasted the noise standards in the original pamphlet.

“In light of our questions in this matter, we asked our own expert on acoustics to weigh in,” Wagner said. “His review of only the acoustical aspects of this document indicates there are serious flaws with the MSU Extension document’s content – and call into question the document’s validity on the whole.”

According to Neumann, the original document was removed from the MSU website because some at MSU believed it needed more technical accuracy and that it was being misinterpreted.

On April 19, Neumann and Schindler received an email from David Ivan, who works at another arm of the MSU Extension called the Greening Michigan Institute. Ivan announced that he had asked that the original version of the study be pulled from the website until “we have a chance to add some of those qualifies [sic] we discussed.”

According to Ivan, he discussed the pamphlet with an attorney representing Florida-based NextEra Energy, one of the nation’s largest wind farm developers. The company is heavily involved in the current Michigan wind farm expansion. Ivan wrote in an email to Neumann that he told the attorney “that we will certainly listen to their perspective but that does not guarantee that some, or any, of their concerns will be incorporated in the edits.”

On April 20, Schindler sent an email to his MSU colleagues; he said he was surprised that the document was being questioned by wind industry interests.

“Actually I expected to hear from the anti-wind energy folks,” Schindler said in the email. “The industry is not whom I expected to hear from since they had such a large role in the development of the sample zoning in the first place.”

One local government official suspects that the original study was pulled down due to industry pressure.

“Kurt presented this very ‘article’ to us in a public meeting in Sanilac County a few weeks ago,” Bridgehampton Township Supervisor Leo Sonck wrote. “His ‘article’ was very clear, and for once the recommendations or suggestions were actually in line with doing what is right for everyone, not just for the [wind energy] developers.”

The MSU Extension Service is an arm of MSU that “identifies and solves farm, home, and community problems through the practical application of research findings.” Lawmakers approved a $29.2 million appropriation for it in the current state budget, a 2 percent increase over the previous year.

The emails used in this story were received in response a Freedom of Information Act request submitted to MSU by Mason County Planning Commissioner Cary Shineldecker.

Experts say that Michigan’s penal code is one of the largest and most complex in the nation and should be reformed. The problem, known as “overcriminalization,” was the focus of a 2014 study published jointly by the Mackinac Center for Public Policy and The Manhattan Institute. The report revealed that Michigan’s criminal code has more than 918 sections, or roughly 333 more than Illinois, the state in the Great Lakes region with the second-highest number. The more than 3,100 criminal laws on Michigan’s books make the state’s list eight times larger than the Model Penal Code created by the American Law Institute.

Recently, the Mackinac Center and Manhattan Institute updated the study, analyzing the criminal laws added and repealed by the Michigan Legislature from 2014 through June 2017. The study revealed that Michigan made significant strides toward addressing overcriminalization.

From 2008 through 2013, the Legislature created criminal statutes at a rate of 45 crimes per year. Forty-four percent of these laws constituted felonies. In contrast, from 2014 to June 2017, Michigan passed only 26 new criminal statutes, which equates to only about seven per year — an 84 percent decrease compared to 2013. Of the new crimes created since 2014, about 53 percent are felonies.

During this same period, Michigan also began eliminating outdated laws. In total, the Legislature repealed 16 statutes. These laws, many of which were removed by a series of bills known as the Archaic Laws Package, include: a ban on “singing and playing the ‘Star Spangled Banner’ as part of a medley,” a prohibition on using “indecent, immoral, obscene, vulgar or insulting language in the presence or hearing of any woman or child,” and an embargo on “walkathons and similar endurance contests.” Additionally, in 2017, the Legislature repealed an administrative rule that forbade leaving an unattended vehicle running in a driveway. Yes, if you ever let your car warm up in your driveway before June 2017, you committed a crime.

While these repeals represent excellent progress, Michigan must continue its push toward simplifying, consolidating and reforming its penal code. Michigan’s conglomerate of criminal and regulatory law is still indecipherable to average citizens and puts them and businesses at risk of inadvertently breaking laws.

For example, Al Taylor, owner of Hart Enterprises, sought to expand his parking lot to accommodate the new employees of his growing business. Despite filling out all the necessary paperwork, securing all the necessary permits, and even having an engineering company survey and approve the project, he found himself caught in the tangled web of Michigan’s wetlands rules.

The result was eight years of legal battles and $500,000 of legal bills, both of which hindered the expansion of Taylor’s business, reduced potential jobs in Michigan and hurt his customers around the world. Moreover, the ordeal wasted valuable taxpayer money that could have been spent fighting real crime.

In response to Hart Enterprise and several other cases, the Legislature passed Public Act 250 in 2015, which protects citizens and businesses from inadvertently breaking laws. The act established that if a law fails to specify whether “mens rea” — a Latin term meaning “culpable mental state” — is required to establish guilt, the courts must assume that mens rea is required. In other words, the government must prove that a person or business violated the law with “intent, knowledge, or recklessness” before it can obtain a guilty verdict.

To increase this protection, legislators should take additional steps to make their reforms retroactive and then begin doing the hard work of cutting Michigan’s penal code down to size.

To begin with, Michigan ought to consolidate criminal laws into a single place on the books. But consolidation is worthless without a serious effort to repeal those laws which are duplicative, unnecessary and obsolete. Though pouring through statutes to locate these laws may be tedious, the Minnesota Legislature showed that it can be done. In fact, Minnesota repealed over a thousand archaic and superfluous laws in a single legislative session. Michigan needs to follow in that example.

As residents of Michigan, we should all hope that these efforts do not fall by the wayside. While we’ve made progress, the state is a long way from creating a fair and predictable penal code, which is required for a well-functioning criminal justice system.