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The Data Center Divide

Weld County

Anti-Data Center Policies

Weld County’s enacted ordinance allows data centers in industrial zones but requires additional review and water, electricity, and noise requirements. It excludes agricultural zones.

current law · Unincorporated areas
Regulates data centers in unincorporated Weld County by prohibiting them in agricultural zones, requiring special review in light-industrial zones and site-plan review in other industrial zones, and setting water, electricity-letter, and noise requirements.Colorado Weld County Code Ordinance 2026-01 (2026)

What this means

The measure allows data centers in industrial zones, but requires special review in light industrial areas and site-plan review in medium and heavy industrial areas, with water, electricity, and noise requirements (approval and operating requirements). It also excludes agricultural zones, limiting where projects can be built; overall, these are meaningful hurdles rather than a ban (prohibiting data centers in the agricultural zone).

People behind it

  • Enacted, approved, and adopted Code Ordinance 2026-01, including the amendments to Chapter 23 Zoning.

  • Clerk to the Board who was directed to arrange for the Weld County Code to be supplemented with the ordinance amendments and attested the ordinance.

Restrictions & requirementsHide restrictions & requirements10
  • Data centers in the I-1 Light Industrial Zone require approval through a Use by Special Review permit before construction or operation.

  • Data centers in the I-2 Medium Industrial and I-3 Heavy Industrial Zones require approval and recording of a Site Plan Review before they may be constructed or operated.

  • Site Plan Review applications must include evidence of water availability or compliance with the requirements of C.R.S. 29-20-301 et seq.

  • Site Plan Review applications must include a letter from the electricity provider serving the property.

  • Site Plan Review applications must explain how the proposed data center is compatible with existing or future surrounding development and applicable comprehensive or master plans and intergovernmental agreements.

  • Data centers must comply with Weld County Chapter 14 dB(A) noise limits and may not exceed 65 dB(C) at any point on the subject property boundary.

  • Special Review Permit applications must demonstrate water compliance under C.R.S. 29-20-301 et seq.

  • Special Review Permit applications must demonstrate compliance with Chapter 14 noise standards, including the 65 dB(C) property-boundary limit for data centers.

  • A noise-mitigation plan showing anticipated noise levels and proposed mitigation may be required for a Special Review Permit application.

  • Special Review Permit applications must include a letter from the electricity provider serving the property.

Benefits & exceptionsHide benefits & exceptions5
  • Data centers are expressly authorized as uses by special review in the I-1 Light Industrial Zone District, allowing them to be constructed, occupied, operated, and maintained there after approval of a Special Review Permit.

  • Data centers are expressly allowed in the I-2 Medium Industrial Zone District through Site Plan Review, rather than the more involved Use by Special Review process, subject to approval and recording of a site plan.

  • Data centers are expressly allowed in the I-3 Heavy Industrial Zone District through Site Plan Review, subject to approval and recording of a site plan.

  • The data-center definition imposes no limitation on peak electrical load, allowing facilities with any peak electrical load to qualify as data centers under the zoning code.

  • The definition allows data centers to include associated ancillary structures, including offices, security buildings, cooling-water tanks, and backup-power systems, provided the backup-power systems have total generation capacity of less than 50 megawatts.

Sources

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