Data centers are prohibited in every zoning district except D2 Heavy Industrial, and even in D2 they are not permitted as a matter of right; every data center requires a Special Use Permit. All Data Centers shall require approval through a Special Use Permit

A data center may not be approved as an accessory, temporary, incidental, or similar use, and it may not be approved under a general provision allowing uses similar to another listed use. A Data Center shall not be permitted as an accessory use

Approval requires public hearings before both the Planning and Zoning Commission and the Board of County Commissioners, with the applicant bearing the burden of proving compliance with the ordinance and applicable general standards. A Data Center may only be approved through a Special Use Permit following public hearings

Data centers are prohibited on A1 or A2 property; rezoning agricultural land to D1 or D2 for a data center must satisfy heightened agricultural-land requirements, and a rezone does not itself authorize construction or create an entitlement to a Special Use Permit. A Data Center is prohibited on property zoned A1 or A2

For an agricultural-to-industrial rezone intended for a data center, the applicant must prove there is no feasible lower-impact non-prime-agricultural alternative, avoid material harm to surrounding agriculture and irrigation, avoid severing or landlocking agricultural parcels, protect public-service delivery, and prevent permanent removal of appurtenant irrigation water from county agriculture. The Board shall not approve the rezone unless it makes written findings

The minimum parcel size is 100 acres, increasing to 320 acres when the project includes on-site power generation; required separation areas must generally be within land controlled by the applicant or covered by recorded waivers. Minimum parcel size of 100 acres

The measure imposes separation distances of one mile from non-applicant residences, one and one-half miles from platted subdivisions, and one and one-half miles from schools, churches, parks, or public gathering areas, subject only to recorded waivers or possible Board reductions supported by clear and convincing evidence. Minimum setbacksSeparation Distances of

New transmission infrastructure exceeding 115 kV may not be constructed in A1 or A2 zones, and overhead transmission corridors may not cross irrigated or prime agricultural land. No new transmission infrastructure exceeding 115kV

A data center must demonstrate adequate electrical infrastructure without materially impairing existing or future residential, agricultural, municipal, or community needs, and average demand may not exceed 25 megawatts without specific Board approval based on clear and convincing evidence. No Data Center shall exceed an average electrical demand of 25 megawatts

No public funds may be spent on infrastructure primarily benefiting a data center, and the applicant must pay utility, road, drainage, fire-protection, emergency-response, environmental-review, and third-party technical-review costs. No public funds shall be expended for infrastructure improvements primarily benefiting a Data Center

Water use is limited to 10,000 gallons per day of average consumptive use over any 12-month period and 25,000 gallons on any single day, unless the Board grants a specific exception based on clear and convincing evidence. shall not consume more than an average of 10,000 gallons

Data centers may not cause measurable adverse effects on neighboring wells, springs, irrigation systems, aquifers, or surface waters; they must submit a hydrological study, fund monitoring of consenting nearby wells, and permanently offset groundwater consumption through County-approved mitigation. No groundwater withdrawal may result in a measurable adverse impact

Evaporative, once-through, and open-loop cooling systems are prohibited, groundwater may not be the primary cooling source, and air-cooled, dry-cooler, immersion, or closed-loop cooling must be used to the maximum extent reasonably feasible. Evaporative, once-through, and open-loop cooling systems are prohibited

The facility must meet heat, noise, lighting, and generator-operation limits, including a five-degree Fahrenheit maximum boundary temperature increase, 35 dBA nighttime and 45 dBA daytime noise limits at non-participating residences, shielded downward lighting, and generator testing limited to four hours per month during specified weekday hours. Noise generated by the facility shall not exceed 35 dBA nighttime or 45 dBA daytime

On-site power generation is subject to additional disclosure, environmental permitting, fuel-supply documentation, parcel-size, acoustical, and noise requirements; adding or changing such generation is a Material Modification requiring permit amendment. On-Site Power Generation shall be separately described in the application

Applicants must fund fire-suppression infrastructure and emergency-response improvements, enter into a road-maintenance agreement, control noxious weeds, secure the site, prevent communications interference, and satisfy airport or FAA review requirements when applicable. The applicant shall provide all reasonably necessary fire suppression infrastructure and emergency response improvements

Applications require extensive technical and economic studies, including development plans, hydrology, environmental impacts, agency consultation, fiscal effects, traffic, emergency response, waste, housing, noise, and decommissioning. an application for a Regulated Facility shall include all of the following

Before an application is processed or a hearing is scheduled, the applicant must pay the filing fee and fund a County-controlled escrow account for actual review, consulting, inspection, enforcement, hearing, and attorney costs, and must replenish withdrawals within 14 days. No application shall be processed and no hearing scheduled until proof of deposit is provided

Any battery energy storage system requires system-specific UL 9540A testing, fire-code compliance, hazard analysis, emergency planning, agency training, specialized equipment, and on-site containment of suppression materials; changing battery chemistry or capacity is a Material Modification. The applicant shall provide large-scale fire testing results in accordance with UL 9540A

The Board must require a development agreement covering items such as capacity and water caps, infrastructure costs, waste capacity, monitoring, agricultural commitments, financial assurance, and remedies; failure to comply is deemed consent to rezone the property to its prior zone. The Board shall require a development agreement

Special Use Permits are subject to annual compliance review, and the County may impose conditions, suspend operations, or revoke approval after written findings and an opportunity to be heard for violations or adverse impacts; generally, at least 30 days must be provided to cure before suspension or revocation. Conditional Use PermitsSpecial Use Permits for Regulated Facilities shall be subject to annual compliance review

Material modifications, including increased electrical demand, water use, footprint, or battery capacity, require the same notice, hearing, and findings process as the original permit; unauthorized modifications are grounds for suspension or revocation. No Material Modification shall be undertaken until the Special Use Permit has been amended

Permits are subject to abandonment rules, including 12 consecutive months without primary operation, 180 consecutive days without electrical service, or failure to maintain financial assurance for 60 days after notice; the Board may grant only one extension of up to one year. Abandonment is defined by subsection A of this Section

Before construction, the applicant must provide County-approved financial assurance for full decommissioning, including removal, disposal, remediation, restoration, and inflationary costs; the assurance must be reviewed at least every two years, increased annually for inflation, and may not rely on salvage value or self-bonding. Prior to commencement of construction, the applicant shall provide financial assurance

Decommissioning must begin within 12 months after operations cease and generally be completed within 24 months after commencement, with below-grade infrastructure removed to at least three feet and the site restored for agricultural or other lawful use. Decommissioning activities shall commence within twelve (12) months

Data centers are expressly eligible for approval in D2 Heavy Industrial districts through a Special Use Permit, rather than being prohibited countywide. They are not allowed as a matter of right and cannot be approved as an accessory or incidental use. Data Centers may be authorized by Special Use Permit

The ordinance establishes a pathway to rezone A1 or A2 agricultural property to D1 or D2 for a data center. The applicant must satisfy the special rezone findings, including demonstrating that no feasible lower-impact, non-prime-agricultural alternative site exists, and an approved rezone must include a development agreement. Rezoning A1 land for a Data Center

Required separation distances from residences, subdivisions, schools, churches, parks, and public gathering areas may be satisfied through recorded waivers from affected non-participating property owners. The Board may also reduce a separation distance upon written findings supported by clear and convincing evidence that required standards will still be met and no non-participating property will suffer a material adverse impact. A Separation Distance required by this paragraph is satisfied

If an applicant shows that the required separation distance or minimum parcel size cannot be met at any D2 site or site reasonably available for rezoning, the Board must consider a reduction request on its merits and may not refuse to consider it solely because the standard is not met. This does not guarantee approval. shall consider a reduction

The ordinance directs creation of Preferred Areas of Specified Use, particularly near Highways 95 and 71 on marginal, non-irrigated or non-historically irrigated, non-actively farmed or ranched land. Rezones for data centers in those areas receive preferential consideration, and such property is presumed consistent with the prime-agricultural-land requirement, subject to the remaining rezone requirements. shall be given preferential consideration

A data center may exceed the 25-megawatt average electrical-demand limit if the Board specifically approves the increase based on clear and convincing evidence that it will not materially impair electrical reliability, agricultural operations, or future growth. No Data Center shall exceed an average electrical demand of 25 megawatts

A data center may exceed the ordinary water-use limits if the Board specifically approves the increase based on clear and convincing evidence that the use will not negatively affect domestic, agricultural, municipal, or groundwater users. The ordinary limits are 10,000 gallons per day on a 12-month average and 25,000 gallons on any single day. unless specifically approved by the Board

On-site power generation is allowed as part of a data center project, including generation added later through a permit amendment. It is subject to separate disclosure, applicable environmental permits, a 320-acre minimum parcel requirement, and the ordinance's noise and acoustical standards. On-Site Power Generation

Backup generators may be tested for up to four hours per month, excluding actual emergencies, during specified weekday daytime hours. Generators may also operate during emergencies, while non-emergency operation to serve facility load is restricted. Backup generator testing shall not exceed four hours per month

The ordinance states that its data-center rules are intended to regulate location, design, operation, and decommissioning rather than prohibit data centers in Washington County. This is subject to compliance with the ordinance's standards and does not create an entitlement to a rezone or permit. not operate as a prohibition of either use