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 measureRestricts 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
- Kootenai County Board of Commissioners
Legislative body that adopted and enacted Ordinance No. 620.
- Bruce E. Mattare
Board chair and signatory to the ordinance adopting the data-center regulations.
- Leslie Duncan
County commissioner and signatory to the ordinance adopting the data-center regulations.
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- Marc Eberlein
County commissioner and signatory to the ordinance adopting the data-center regulations.
- Jennifer Locke
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 areasProhibits 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
- Kootenai County Board of Commissioners
Adopted and enacted Resolution No. 2025-23 establishing the emergency data-center building permit moratorium.
- Kootenai County Community Development
Responsible for the resolution as the department assigned to administer and bring the data-center building permit moratorium before the Board.
- Pat Braden
Listed as a responsible contact for presenting Resolution 2025-23 to the Board.
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- David Callahan
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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