San Miguel County
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Pro-Data Center Policies
San Miguel County’s enacted rules limit data centers in the unincorporated West End to three with special permits, requiring net-zero energy, on-site renewables, underground power lines, and other operating safeguards.
Rating from Colorado statewide as there are no scored current or future laws outside temporary restrictions for San Miguel County.
Specific to San Miguel County only.
current law · Unincorporated areasRequires data centers in San Miguel County’s West End zone to obtain development and building permits, be designed as net-zero facilities with on-site renewable energy, and install power lines underground.San Miguel County Land Use Code § 3-103 — Building Permits (Data Center Exception)
What this means
The measure requires data centers to be designed as net-zero facilities, include on-site renewable energy, and install power lines underground. Those requirements can add real costs and design work, though the sources do not show a ban or a broad restriction on data center development.
Timing
- Ends
- Sep 18, 2024
The temporary emergency moratorium expires upon adoption of Resolution 2024-40, which occurred on 2024-09-18. No extension conditions are stated.
People behind it
- San Miguel County Planning Commission
Considered draft natural-resource and solar regulations and unanimously recommended that the Board of County Commissioners amend the Land Use Code.
- San Miguel County Board of County Commissioners
Held the public hearing and adopted Resolution 2024-40 amending the Land Use Code to regulate solar energy systems.
Restrictions & requirementsHide restrictions & requirements7
Data centers in the West End (WE) Zone District require a development permit under Section 5-320 J, even though most development in the WE Zone District is exempt from development-permit requirements.
Building permits are required for data centers in the WE Zone District, which is otherwise generally exempt from building-permit requirements.
Data centers must comply with additional review standards under Sections 5-320 K, 5-320 L, and 5-10.
A data center must be designed as a net-zero facility and include on-site renewable-energy generation, such as solar or wind, to reduce climate impacts and mitigate effects on local and regional power grids.
All power lines serving a data center must be installed underground.
Accessory solar development used to power a data center must satisfy the County's Article 6 requirements for solar-energy-system applications and review standards, including any applicable solar permit requirements.
No person or entity owing money to San Miguel County, including delinquent taxes certified by the County Treasurer, may receive a development permit, building permit, or other development approval.
Sources
current law · Unincorporated areasRequires data centers to be net-zero with on-site renewable energy and underground power lines, and requires development and building permits for data centers in the West End zone.San Miguel County Land Use Code § 3-101 — Development Permits (Data Center Exception)
What this means
The measure would make data centers in the unincorporated county’s West End zone obtain development and building permits, and meet a net-zero energy requirement with underground power lines. Those requirements could add substantial costs and approval steps, though the measure does not ban data centers.
Timing
- Ends
- upon adoption of this resolution (2024-09-18)
The temporary emergency moratorium on applications for commercial solar projects and major utility projects expires upon adoption of Resolution 2024-40. The resolution was adopted on 2024-09-18; no extension conditions are stated.
People behind it
- San Miguel County Board of County Commissioners
Adopted Resolution No. 2024-40, amended the Land Use Code, and expired the temporary emergency moratorium.
- San Miguel County Planning Commission
Recommended adoption of the Solar Energy Systems regulations and related Land Use Code amendments.
- Lance Waring
Chair of the Board of County Commissioners and signatory for adoption of Resolution No. 2024-40.
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- Anne Brown
Board of County Commissioner who participated in the vote adopting Resolution No. 2024-40.
- Kris Holstrom
Board of County Commissioner who participated in the vote adopting Resolution No. 2024-40.
Restrictions & requirementsHide restrictions & requirements6
In the West End (WE) Zone District, data centers require a development permit, despite the general WE exemption from development permits. The measure adds data centers to the exceptions in Section 3-101. data centers pursuant to Section 5-320 J
In the WE Zone District, data centers require a building permit, despite the general WE exemption from building permits. Building Permits are not required in the WE Zone District except for Large and Medium-Scale Solar Energy Systems and Data Centers
A data center must be designed as a net-zero facility and must include on-site renewable-energy generation, such as solar or wind, to reduce climate impacts and mitigate impacts on local and regional power grids. designed to be a net zero facility
All power lines serving a data center must be installed underground. All power lines shall be installed underground
Accessory solar development used to power a data center must comply with the Solar Energy Systems application requirements and review standards in Article 6, which can require a separate solar permit and administrative, Planning Commission, or Board review depending on the solar system's size. Accessory solar development to power the Data Center shall meet the application requirements and review standards
If accessory solar is required for a data center, the solar application must include applicable fees, and the applicant—not the County—must pay consultant and referral-agency review costs. The costs of consultant and referral agency reviews are the responsibility of the applicant
Benefits & exceptionsHide benefits & exceptions2
Data centers are expressly recognized as a permitted development category in the West End (WE) Zone District, although they remain subject to the County’s development-permit requirements under Section 5-320 J. WE-zone data-center exception
A data center may include accessory solar development to supply its power, provided that the solar facilities comply with the application requirements and review standards in Article 6, Section 6-2. Accessory solar development to power the Data Center
Sources
current law · Unincorporated areas, including the West End (WE) Zone DistrictRequires West End data centers to obtain county permits, meet rules for location, setbacks, noise, safety, water use, and environmental impacts, and use net-zero designs with on-site renewable energy.San Miguel County Land Use Code § 5-320 J — Data Centers
What this means
The measure would allow data centers in the West End, but only up to three and with a special-use permit. Strict energy, cooling, noise, safety, and wildlife rules would make building and operating them substantially harder, though they would not ban them outright.
Timing
- Ends
- Sep 18, 2024
The temporary emergency moratorium on applications for commercial solar projects and major utility projects expires upon adoption of the resolution on 2024-09-18. It had previously been extended to 2024-11-15, but the resolution ends it earlier.
People behind it
- Board of County Commissioners of San Miguel County
Adopted the floodplain management regulations, Resolution 2024-40, and related Land Use Code amendments; it also approves certain special-use permits, variances, and appeals.
- San Miguel County Planning Commission
Reviewed the proposed regulations and recommended that the Board adopt the related Land Use Code amendments.
- Planning Director
Administers, implements, and enforces the floodplain regulations and administers specified aspects of the solar-energy permitting process.
Restrictions & requirementsHide restrictions & requirements30
Data centers in the West End Zone District require a two-step Special Use Permit review by the Planning Commission and Board of County Commissioners before development or operation.
Data centers in the West End Zone District require a development permit and a building permit, even though most development in that district is exempt from those permits.
No more than three data centers may be permitted in the West End Zone District.
A data center must be located on a parcel of at least 35 acres, set back at least 50 feet from property lines, and at least 500 feet from residences.
A data center must be located within the Egnar-Slickrock or Norwood Fire Protection District.
Sound emissions must be less than 50 decibels at every property line, supported by a sound and vibration impact analysis with an ambient-noise baseline and mitigation measures.
All data-center equipment, including cooling and ventilation equipment, transformers, and generators, must be fully screened unless site topography effectively screens it.
Data-center facilities and operational components must be located within buildings; cargo containers, railroad cars, semi-truck trailers, and similar containers may not be used.
Expired or unused electronics or equipment may not be stored on the data-center site.
A data center must be designed as a net-zero facility with on-site renewable energy sufficient to approximately offset grid energy use, add renewable energy to the grid, and avoid burdening the local or regional electrical grid.
Applications must include all substations and infrastructure upgrades needed for construction and operation and demonstrate adequate supply-line and substation capacity without electrical interference or voltage fluctuations.
All power lines serving or associated with a data center must be installed underground.
Except for water used by on-site workers during work shifts or workers living on the property, a data center must use water non-consumptively, have no effect on area water resources, and may not use water to cool equipment.
Accessory solar development used to power a data center must satisfy the County's Article 6, Section 6-2 application requirements, review standards, and applicable solar permit requirements.
Applications must include a fire-suppression plan addressing major fire hazards, hazardous materials, ignition sources, controls, and required fire-protection equipment.
Applications must include a Wildfire Mitigation Plan addressing wildfire prevention, fuel reduction, fire suppression, fire safety, and measures preventing facility fires from spreading.
The data center and related infrastructure must mitigate impacts on wildlife, plants, and other natural resources, supported by wildlife-impact and natural-resources reports prepared by qualified biologists.
Special Use Permit applications must include detailed site, building, operations, traffic, parking, grading, drainage, water, sewer, lighting, dust-control, noxious-weed-control, wildlife, and other required agency-permit materials.
Because data centers are special uses, the County may require a bond sufficient to cover site remediation and compliance with permit conditions.
Approved special uses are subject to an annual review one year after approval or amendment, and the reviewing body may require additional ongoing or periodic reviews.
A special use must commence within three years after approval; otherwise, it is subject to a noticed public-hearing review and may be modified, extended, or rescinded.
If an approved special use is discontinued or abandoned for 12 consecutive months, it becomes ineffective and must undergo review before it can be re-established.
Construction or development in a Special Flood Hazard Area requires a Floodplain Development Permit before work begins, in addition to other required permits.
Uses not listed as allowed or prohibited in a Floodway, Flood Fringe, or Flood Prone District require Special Review rather than administrative approval.
Development in a regulatory Floodway is prohibited unless a Colorado-licensed professional engineer demonstrates through hydrologic and hydraulic analysis that it will not increase flood levels; projects that would increase elevations require a FEMA CLOMR and floodway revision before proceeding.
New construction and substantial improvements to nonresidential structures in mapped flood hazard areas must elevate the lowest floor and utilities at least one foot above base flood elevation or use certified watertight construction capable of resisting flood forces.
If classified as a Critical Facility, a data center generally must be outside the Special Flood Hazard Area or be elevated or floodproofed at least two feet above base flood elevation; new Critical Facilities must also have continuous non-inundated emergency access during a 100-year flood when practicable.
For proposals involving Special Review or disputed hazardous conditions, the County may require a professional-engineer-certified floodplain study covering the site and 200 yards upstream and downstream.
Before issuing a Floodplain Development Permit, the County may require financial security sufficient to ensure compliance with the permit and applicable regulations.
A floodplain application is not complete until all required information is submitted; after acceptance of a complete application, the Floodplain Administrator must review it and report the results within 30 days.
Benefits & exceptionsHide benefits & exceptions17
The West End Zone allows data centers through a two-step Special Use Permit review by the Planning Commission and Board of County Commissioners; the approval may include accessory renewable-energy generation.
Data centers may be developed on parcels of at least 35 acres, subject to required setbacks, including 50 feet from property lines and 500 feet from residences.
The West End Zone permits up to three data centers, subject to applicable development and Special Use Permit standards.
A parcel in the West End Zone may contain two principal uses, allowing a data center to coexist with another principal use if applicable requirements are met.
A data-center application may include substations and electrical-infrastructure upgrades needed for construction and operation, provided adequate electrical capacity is demonstrated and Code requirements are met.
Data centers may generate on-site renewable energy through solar or wind facilities to support required net-zero design and offset grid energy use.
Data centers may operate with non-consumptive water use, provided water is not used to cool equipment; water for on-site workers and workers living on the property is excepted.
Data centers may be located in either the Egnar-Slickrock Fire Protection District or the Norwood Fire Protection District, subject to applicable fire-suppression and wildfire-mitigation requirements.
In the WM Zone District, data-center development generally does not require a development permit because the listed exceptions do not include data centers, although other permits, including any required building permit, may still apply.
To the extent a data-center project qualifies as a Wireless Services and Communications Facility, antennas and accessory equipment on an existing structure or site may receive Administrative Review, and minor modifications are permitted administratively in all zoning districts. Antennas and Accessory Equipment
New wireless-facility support structures under 60 feet may be permitted through Administrative Review in eligible zoning districts, excluding specified areas and Residential Areas. New Towers less than sixty (60) feet
Temporary Carrier on Wheels facilities may be placed administratively for up to 14 days for sanctioned special events or up to 120 days for tower replacement or repair and declared emergencies. COW placed for a period
Wireless facilities and support structures may be located on a parcel that already contains another principal use, allowing shared-site development. Facilities and support Structures may be located on a parcel containing another principal use
The County must decide complete applications for antenna or accessory-equipment collocation within 90 days and applications for new support structures within 150 days, subject to exceptions for incomplete applications and agreed extensions. within ninety (90) days
Collocation on an existing structure is preferred, and collocation that does not increase the structure’s height is treated as a Minor Modification rather than a Major Modification. Co-location on an existing tower
Ordinary maintenance of existing wireless facilities and support structures is exempt from a Development Permit; specified replacements or equipment changes that do not increase height or lease area qualify as ordinary maintenance or minor modifications. Ordinary Maintenance of existing Facilities and Support Structures
A wireless facility’s Special Use Permit may be transferred to a new owner if the new owner agrees in writing to comply with the existing permit conditions. Sale or Transfer of Ownership
Sources
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