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The Data Center Divide

Kootenai County

Anti-Data Center Policies

Kootenai County allows data centers in light and general industrial zones only with a conditional use permit, bars them in commercial zones and over the Rathdrum Prairie Aquifer, and requires at least 10 acres and detailed operating plans.

current law · County measure
Restricts data centers to light-industrial and industrial zones with a conditional-use permit, and requires at least 10 acres plus safeguards for nearby homes, water, noise, and other impacts.Kootenai County Ordinance No. 620 (2025)

What this means

The measure creates a path for data centers in light industrial and industrial zones, but requires a conditional use permit and prohibits them in commercial zones (permitted zones and permit requirements). It also imposes a 10-acre minimum, bars sites over the Rathdrum Prairie Aquifer, and requires detailed water, energy, noise, fire, and wastewater plans, creating significant hurdles for development and expansion (minimum parcel size and aquifer restriction).

People behind it

  • Legislative body that adopted and enacted Ordinance No. 620.

  • Board chair and signatory to the ordinance adopting the data-center regulations.

  • County commissioner and signatory to the ordinance adopting the data-center regulations.

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  • County commissioner and signatory to the ordinance adopting the data-center regulations.

  • Kootenai County Clerk who attested the ordinance.

Restrictions & requirementsHide restrictions & requirements25
  • Data centers are expressly prohibited in the Commercial zone. Data centers

  • A conditional use permit is required for data centers in the Light Industrial and Industrial zones. upon approval of a conditional use permit

  • A data center must generally be set back at least 150 feet from parcels zoned Agricultural, Agricultural Suburban, Restricted Residential, Rural, or High Density Residential, and from Commercial parcels containing an established residential use. If the facility is not adjacent to a zone allowing residential uses, it may use the setbacks of its own zone. 150 feet

  • The Board may impose stricter height limits than the applicable zone standards to mitigate view obstruction or incompatibility with surrounding uses. as determined by the Board

  • Data centers must use a design that best blends with the surrounding area and generally must be painted a neutral color unless the Board approves otherwise. best blends in with the surrounding area

  • The minimum parcel size for a data center is 10 acres. minimum parcel size

  • Existing vegetation must be preserved to the maximum extent possible. preserved to the maximum extent possible

  • Perimeter security fencing must meet applicable federal or state requirements and prevent public entry. designed to prevent public entry

  • Mechanical equipment, including generators and other power-supply equipment, must be enclosed or screened from public view; solar panels are exempt from this requirement. must be enclosed or screened

  • Equipment and structures, excluding fencing, must be at least 50 feet from any property line abutting a residential zone. minimum of fifty feet

  • Parking must be provided according to the facility's individual needs and located on site. must be located on-site

  • Data centers may not be located over the Rathdrum Prairie Aquifer. No data center shall be located

  • Applications must include a detailed site plan covering supporting facilities, parking and loading, stormwater management, and proposed landscaping. A detailed site plan

  • Applications must include a landscape design plan prepared by a landscape design professional and complying with Chapter 4, Article 4.6. prepared by a landscape design professional

  • Applications must document proposed electrical-grid connections and any proposed new power plant. connections to the electrical power grid

  • Applications must include an energy-efficiency plan describing how the facility will conserve energy. energy efficiency plan

  • Applicants must verify sufficient water rights from a source approved by the Idaho Department of Water Resources. Verification of water rights

  • Applications must include a water-management plan addressing cooling needs, effects on local water supplies, and discharge and disposal of used water. water management plan

  • Applications must include a noise-mitigation plan prepared by an acoustical engineer demonstrating compliance with the applicable county noise standards. prepared by an acoustical engineer

  • Applications must include a fire-protection and suppression plan reviewed and approved by the responsible fire district. reviewed and approved by the Fire District

  • Applications must include wastewater treatment or management plans approved by the Panhandle Health District, Idaho DEQ, and/or IDWR, as applicable. wastewater treatment/management plan

  • Applications must include an aquifer-recharge plan approved by the Panhandle Health District, Idaho DEQ, or IDWR, as applicable. aquifer recharge plan

  • Applicants must submit additional materials to the Panhandle Health District for review and approval concerning chemical handling and storage and any shallow injection well. chemical handling and storage

  • Electric distribution lines and substations associated with a facility must comply with county and building codes and applicable utility standards. electric distribution lines or substations

  • The Director may approve only minor modifications administratively; a modification deemed substantial must go through the conditional use permitting process. substantial change

Benefits & exceptionsHide benefits & exceptions6
  • Data centers are expressly permitted in Light Industrial and Industrial zones through the conditional-use-permit process. Data Centers

  • If a data center is not adjacent to a zone that allows residential uses, it may use the setbacks required by its underlying zone instead of the 150-foot setback otherwise required near specified residential or residential-supporting zones. may conform to the setbacks listed in the zone

  • The Board may approve a design that does not use a neutral color, providing flexibility from the generally applicable neutral-color design standard. unless otherwise approved by the Board

  • Parking is not governed by a fixed numerical ratio; it is based on the individual facility's needs, provided that the parking is on-site. based on the individual needs of the facility

  • For modifications to an existing data center, the Director may waive some or all of the listed application materials. may be waived by the Director

  • The Director may approve a minor modification to an existing data center through an administrative process rather than requiring a new conditional-use-permit proceeding. may approve a minor modification

Sources

Specific to Kootenai County only.

expired · Unincorporated areas
Prohibits Kootenai County from accepting, processing, or approving most new building or development permit applications for data centers for 182 days.Kootenai County Resolution 2025-23 (2025)

What this means

The measure would temporarily stop the county from accepting, processing, or approving permit applications for new data centers for 182 days, making new projects substantially harder to start during that period (moratorium on permit applications; 182-day duration). It would not affect permits already issued or complete applications already pending, and the restriction is temporary rather than a permanent ban.

Timing

Ends
182 days following adoption

The moratorium applies retroactively to 2025-02-27 and may be terminated earlier by the Board. No extension condition is stated.

People behind it

  • Adopted and enacted Resolution No. 2025-23 establishing the emergency data-center building permit moratorium.

  • Responsible for the resolution as the department assigned to administer and bring the data-center building permit moratorium before the Board.

  • Listed as a responsible contact for presenting Resolution 2025-23 to the Board.

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  • Listed as a responsible contact for presenting Resolution 2025-23 to the Board.

Restrictions & requirementsHide restrictions & requirements3
  • A moratorium prohibits Kootenai County from receiving, processing, or approving new applications for building or development permits to construct data centers. A data center is defined as a facility or portion of a facility housing networked computer systems and telecommunications equipment used for remote storage, processing, and distribution of data.

  • The moratorium does not apply to permits already issued or complete building-permit applications already pending, although the Board and County Community Development staff may continue exercising otherwise authorized control over those permits, projects, or applications.

  • The moratorium lasts 182 days after adoption and is effective retroactively to February 27, 2025.

Benefits & exceptionsHide benefits & exceptions1
  • Exempts data centers with permits already issued, and complete building-permit applications already pending, from the moratorium. However, the Board and county staff retain their otherwise authorized control over those permits, projects, and applications.

Sources

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