Imposes a temporary moratorium on constructing data centers, high-density computing facilities, and battery storage facilities in the unincorporated areas of Adair County.

The moratorium became effective immediately upon passage and remains in place until the Board adopts a permanent moratorium, enacts a regulating ordinance, or rescinds the temporary moratorium; no expiration date is specified.

A Data Center Regulatory Permit is required before constructing, establishing, installing, operating, or substantially modifying a data center in unincorporated Adair County; permits are non-transferable without prior Board approval.

Existing facilities operating before the ordinance takes effect are generally exempt from obtaining a permit, but substantial modifications or expansions require one, and all existing facilities remain subject to decommissioning and abandonment requirements.

A substantial modification includes expanding the facility footprint by more than 10%, increasing electrical load capacity by more than 10%, or materially changing cooling systems, water use, or noise-generating equipment.

Permit applications must include extensive materials, including an engineered site plan, legal-control documentation, a noise study, water-use report, ice-mitigation report, emergency plan, decommissioning plan, financial assurance, utility verification, waste-management plan, road-impact assessment, lighting plan, landscaping plan, and documentation of a community meeting.

Applicants must pay a permit fee set by Board resolution.

A public hearing before the Board of Supervisors is required after a complete application is submitted; the County Administrator must schedule it within 60 days, and the Board must grant or deny the permit within 60 days after the hearing unless the parties agree to an extension.

Applicants must provide newspaper notice, certified-mail notice to property owners within one mile, and conduct at least one applicant-led public meeting before the Board hearing.

The Board of Supervisors must approve or deny each permit and may attach additional reasonable conditions consistent with the ordinance.

All data center structures, equipment, cooling systems, generators, and associated infrastructure must be at least 1,000 feet from parcel property lines.

All data center structures, equipment, cooling systems, generators, and associated infrastructure must be at least 2,600 feet from any occupied dwelling existing when the application is submitted.

The 1,000-foot property-line setback may be waived only with written consent from the adjacent property owner and Board approval; under the ordinance as written, the occupied-dwelling setback cannot be waived.

Structures and equipment must also comply with County road setbacks established by the County Engineer.

All data center structures must be built on permanent, engineered concrete foundations; temporary, portable, or modular structures without permanent foundations are prohibited.

Cargo containers, railroad cars, semi-truck trailers, shipping containers, and similar temporary structures may not be used for operational components.

Servers, computers, processors, networking equipment, and operational materials must be enclosed inside permanent buildings.

Buildings containing server farms or significant electronics must have clean-agent fire suppression systems and high-sensitivity smoke detectors connected to those systems.

Electrical, data, and communications utility connections must be placed underground to the maximum extent practicable, subject to soil and site constraints determined by the County.

Structures taller than 40 feet require prior approval from the Board of Supervisors.

Data center operations may not exceed 60 dB(A) continuously during the day or 50 dB(A) continuously at night, measured at the exterior of specified existing sensitive sites; steady pure tones reduce the applicable limit by 5 dB(A).

Applicants must address and mitigate low-frequency noise impacts on livestock operations within one mile of the proposed facility.

Exterior lighting must be fully shielded, directed downward, and designed so that glare is not visible from occupied dwellings, public roads, or adjacent agricultural land; a photometric plan is required.

Facilities must use liquid cooling to the maximum extent practicable and must use a closed-loop cooling system to minimize consumptive water use and prevent coolant discharge.

Applicants must provide Iowa DNR documentation, and where applicable Adair County Environmental Health documentation, confirming that sufficient water resources exist without adverse impacts on neighboring properties or public water supplies.

The Board may require a written water-use agreement imposing monitoring, reporting, and conservation requirements.

Operators must monitor heat dissipation when the average daily temperature is 40°F or below, promptly remediate ice accumulation on neighboring properties or public roads at their expense, and maintain an ice-mitigation agreement with the County Engineer and affected neighbors.

Every permit application must include a decommissioning plan covering removal, site restoration, estimated costs, and the method for securing decommissioning funds.

A facility that ceases operations, or substantially discontinues operations, for 12 consecutive months is deemed abandoned and must be fully decommissioned within an additional 12 months.

Before a permit is issued, the applicant must provide financial assurance equal to 110% of estimated decommissioning costs, in an approved form such as a surety bond, irrevocable letter of credit, or escrow account; the amount must be reviewed and updated every five years.

If the permit holder fails to decommission, the County may perform the work and draw on the financial assurance; costs exceeding that assurance become a lien against the property.

Before permit issuance, the applicant must enter into a County-approved Road Use Agreement accepting responsibility for repairing road damage caused by construction and operational traffic.

The County Engineer may designate construction haul routes, conduct pre- and post-construction road inspections, and require the permit holder to restore roads to pre-construction condition at its expense.

The Board may require a community betterment-fund contribution as a permit condition to offset impacts on County services, infrastructure, and quality of life.

Violations may be prosecuted as county infractions, with each day of continued violation treated as a separate offense, and the County may seek injunctive relief.

The Board may revoke a permit for material violations, abandonment, or misrepresentation after written notice and an opportunity to be heard.

Permit holders must submit annual reports by March 1 covering water consumption, noise monitoring, operational changes, permit compliance, and updated decommissioning cost estimates.

The County or its authorized agents may conduct reasonable inspections during normal business hours to verify compliance.

A landscaping buffer must be designed and maintained around the facility to screen it from public roads and adjacent properties, and the Board may require specific landscaping plans and ongoing maintenance.

Existing data centers operating before the ordinance takes effect do not need to obtain a permit unless they undergo a substantial modification or expansion. They must still comply with the decommissioning and abandonment requirements.

Data-processing equipment used solely for an on-premises business operation is excluded from the ordinance, so it does not require a Data Center Regulatory Permit.

An applicant may obtain a waiver of the 1,000-foot property-line setback if the adjacent property owner gives written consent and the Board of Supervisors approves and records the waiver. The 2,600-foot occupied-dwelling setback cannot be waived under the ordinance.

The County Administrator must schedule a public hearing within 60 days after receiving a complete application and the required fees.

The Board of Supervisors must grant or deny a permit within 60 days after the public hearing, unless the applicant and County mutually agree to an extension.

The ordinance establishes a specified permit application checklist and review process, including required site, noise, water, utility, road, emergency, and decommissioning materials, allowing applicants to seek approval under defined requirements.

Utility connections may be placed underground only to the maximum extent practicable and subject to soil conditions and site constraints determined by the County, allowing exceptions where underground installation is impractical.

Structures exceeding 40 feet in height are not categorically prohibited; they may be built with prior approval from the Board of Supervisors.

A Data Center Regulatory Permit is required before constructing, establishing, installing, operating, or substantially modifying a data center in unincorporated Adair County.

The permit requirement applies to expansions exceeding 10% of the facility footprint, electrical-load increases exceeding 10%, or material changes to cooling systems, water use, or noise-generating equipment. Existing facilities are generally exempt from obtaining a permit unless they undergo such changes, but remain subject to decommissioning requirements.

A permit is non-transferable unless the Board of Supervisors gives prior written approval.

Applicants must submit extensive materials, including an engineered site plan, noise study, water-use report, ice-mitigation report, emergency plan, decommissioning plan, financial assurance, utility verification, waste-management plan, road-impact assessment, lighting plan, landscaping plan, and documentation of an applicant-led community meeting.

All data-center structures, equipment, cooling systems, generators, and related infrastructure must be at least 1,000 feet from every property line.

All data-center structures, equipment, cooling systems, generators, and related infrastructure must be at least 2,600 feet from any occupied dwelling existing when the application is submitted. This setback cannot be waived.

The 1,000-foot property-line setback may be waived only with written consent from the adjacent property owner and approval by the Board of Supervisors, with the waiver recorded by the County Recorder.

All data-center structures must be built on permanent, engineered concrete foundations. Temporary, portable, or modular structures, including cargo containers, railroad cars, trailers, and shipping containers, are prohibited for operational components.

Servers, computers, processors, networking equipment, and operational materials must be enclosed within permanent buildings.

Facilities containing server farms or significant electronics must install and maintain clean-agent fire suppression systems and high-sensitivity smoke detectors.

Electrical, data, and communications utility connections must be placed underground to the maximum extent practicable, subject to County-determined soil and site constraints.

Structures exceeding 40 feet in height require prior approval from the Board of Supervisors.

Operational noise may not exceed 60 dB(A) continuously from 7:00 a.m. to 10:00 p.m. or 50 dB(A) continuously from 10:00 p.m. to 7:00 a.m., measured at specified nearby sensitive locations. If the noise contains a steady pure tone, the applicable limit is reduced by 5 dB(A).

Applicants must address and mitigate low-frequency noise impacts on livestock operations within one mile of the proposed facility.

The County may require immediate corrective action, suspend operations, or revoke a permit if noise limits are exceeded.

Exterior lighting must be fully shielded, directed downward, and designed so that glare is not visible from occupied dwellings, public roads, or adjacent agricultural land. A photometric lighting plan is required.

Data centers must use liquid cooling to the maximum extent practicable and must use closed-loop cooling systems to minimize consumptive water use and prevent coolant discharge.

Before permit issuance, applicants must provide Iowa DNR documentation confirming that sufficient water resources exist without adversely affecting neighboring wells, water bodies, or public water supplies. The Board may also require a water-use agreement with monitoring, reporting, and conservation requirements.

Applicants must monitor heat dissipation when the average daily temperature is 40°F or below and promptly remediate ice accumulation on neighboring properties or public roads at the operator's expense.

A public hearing before the Board of Supervisors is required for each complete permit application. The County must schedule it within 60 days of receiving the complete application, publish notice 14 to 30 days beforehand, and mail certified notice to property owners within one mile at least 14 days beforehand.

Before the Board hearing, the applicant must conduct at least one public meeting for affected residents and property owners and submit attendance records, comments, and responses to the County.

The Board must grant or deny a permit within 60 days after the public hearing unless the applicant and County mutually agree to an extension.

Applicants must submit a decommissioning plan covering removal of structures, equipment, foundations, utilities, and related infrastructure and restoration to agricultural or pre-development condition unless an alternative is agreed to in writing.

Before permit issuance, applicants must provide financial assurance equal to 110% of estimated decommissioning costs. The assurance must be in an approved form and updated every five years.

A facility is deemed abandoned after 12 continuous months without operations or substantial operations. The permit holder then has an additional 12 months to complete decommissioning.

If the permit holder fails to decommission on time, the County may perform the work, draw on the financial assurance, and impose a lien for costs exceeding the assurance.

Before permit issuance, the applicant must enter into a County-approved Road Use Agreement accepting responsibility for repairing road damage caused by construction and operational traffic.

The County Engineer may designate construction haul routes, conduct pre- and post-construction road inspections, and require the permit holder to restore roads to pre-construction condition.

The Board may require a contribution to a community betterment fund to offset impacts on County services, infrastructure, and quality of life.

Violations may be prosecuted as county infractions, with each day of continued violation treated as a separate offense. The County may also seek injunctive relief or revoke a permit after notice and an opportunity to be heard.

Permit holders must file annual reports by March 1 covering water consumption, noise monitoring, operational changes, permit compliance, and updated decommissioning cost estimates, and must allow reasonable County inspections during normal business hours.

A perimeter landscaping buffer and visual screening must be provided and maintained throughout the facility's operating life.

The Board may attach additional reasonable conditions to permits consistent with the ordinance's standards.

The September 9, 2026 resolution repealed and rescinded the prior adoption resolution because the required public hearing had not occurred, meaning the proposed ordinance must undergo proper notice, public hearing, and other required procedures before final adoption.

Existing data centers and cryptocurrency mining facilities operating before the ordinance takes effect do not need to obtain a permit unless they undergo a substantial modification or expansion; however, they remain subject to the decommissioning and abandonment provisions.

A facility expansion is not treated as a substantial modification based solely on footprint or electrical-load increases of 10% or less, provided there is no material change in cooling systems, water use, or noise-generating equipment.

The ordinance provides a defined permitting schedule: the County Administrator must schedule a complete application for a public hearing within 60 days, and the Board must grant or deny the permit within 60 days after the hearing unless the parties mutually agree to an extension.

The required 1,000-foot property-line setback may be waived when the adjacent property owner gives written consent and the Board of Supervisors approves and records the waiver. The 2,600-foot occupied-dwelling setback cannot be waived.

The ordinance excludes data-processing equipment used solely for on-premises business operations that do not constitute a commercial data center, allowing those operations to proceed without a permit under this ordinance.

Utility connections may be installed underground only to the maximum extent practicable, with soil conditions and site constraints considered by the County rather than requiring underground installation in every circumstance.

A decommissioning plan may provide for an alternative final use instead of restoring the property to agricultural or pre-development condition if the landowner and County agree in writing.

Financial assurance for decommissioning may be provided through several mechanisms, including a surety bond, irrevocable letter of credit, escrow account, or another instrument approved by the Board of Supervisors.

A Data Center Regulatory Permit is required before constructing, establishing, installing, operating, or substantially modifying a data center in unincorporated Adair County. The permit cannot be transferred without Board approval.

The ordinance applies to new facilities and substantial modifications or expansions, including footprint expansions over 10%, electrical-load increases over 10%, or material changes to cooling, water use, or noise equipment. Existing facilities are generally exempt from permitting unless substantially modified or expanded, but remain subject to decommissioning and abandonment requirements.

Permit applications must include extensive materials, including an engineered site plan, legal-control documentation, a third-party noise study, water-use report, ice-mitigation report, emergency operations plan, decommissioning plan, financial assurance, utility verification, waste-management plan, road-impact assessment, lighting plan, landscaping plan, and documentation of a public meeting.

Applicants must pay an application fee established by Board resolution.

A public hearing is required for each complete application, with newspaper publication, certified-mail notice to property owners within one mile, and at least one applicant-led public meeting for affected residents and property owners.

All data center structures, equipment, cooling systems, generators, and associated infrastructure must be at least 1,000 feet from property lines and 2,600 feet from occupied dwellings. The property-line setback may be waived only with written consent from the adjacent owner and Board approval; the occupied-dwelling setback cannot be waived.

Data center structures must be built on permanent, engineered concrete foundations. Temporary, portable, or modular structures without permanent foundations, including cargo containers, railroad cars, trailers, and shipping containers, are prohibited for operational components.

Servers, computers, processors, networking equipment, and operational materials must be enclosed in permanent buildings.

Facilities containing server farms or significant electronics must install and maintain clean-agent fire suppression systems and high-sensitivity smoke detectors.

Utility connections must be placed underground to the maximum extent practicable, and structures over 40 feet high require prior Board approval.

Operational noise may not exceed 60 dB(A) continuously during the day or 50 dB(A) continuously at night, measured at specified sensitive locations. The limits are reduced by 5 dB(A) for steady pure tones, and applicants must address low-frequency noise affecting livestock within one mile.

Exterior lighting must be fully shielded, directed downward, and designed so that glare is not visible from occupied dwellings, public roads, or adjacent agricultural land. A photometric lighting plan is required.

Facilities must use liquid cooling to the maximum extent practicable and must use closed-loop cooling systems. Applicants must disclose water consumption and source, provide Iowa DNR documentation showing adequate water resources, and may be required to enter into a County water-use agreement.

Operators must monitor heat dissipation when the average daily temperature is 40°F or below, promptly remediate ice accumulation on neighboring property or public roads at their expense, and maintain written ice-mitigation agreements with the County Engineer and affected neighbors.

A decommissioning plan is required, including removal of structures, equipment, foundations, utilities, and infrastructure and restoration to agricultural or pre-development condition unless an alternative is agreed upon in writing.

A facility is deemed abandoned after 12 continuous months without operations or substantial operations, after which the permit holder has an additional 12 months to complete decommissioning. Cessation must be reported to the County within 30 days.

Before a permit is issued, the applicant must provide financial assurance equal to 110% of estimated decommissioning costs. The assurance must be in an approved form and updated every five years; unpaid County decommissioning costs exceeding the assurance become a lien against the property.

Before permit issuance, the applicant must enter into a Road Use Agreement accepting responsibility for construction and operational traffic damage. The County may designate haul routes, conduct pre- and post-construction inspections, and require restoration of roads to their pre-construction condition.

The Board may require a community betterment-fund contribution as a condition of approval to offset impacts on County services, infrastructure, and quality of life.

Violations may be prosecuted as county infractions, with each day treated as a separate offense. The County may seek injunctive relief, impose compliance schedules, suspend operations, or revoke permits.

Permit holders must submit annual reports covering water consumption, noise monitoring, material operational changes, permit-condition compliance, and updated decommissioning cost estimates, and must allow reasonable County inspections during normal business hours.

A landscaping buffer and visual screening must be maintained around the facility, with the Board authorized to require specific landscaping plans and ongoing maintenance.

The Board may impose additional reasonable permit conditions consistent with the ordinance, and facilities must also comply with applicable state and federal permits, environmental requirements, transportation requirements, and building codes.

Existing data centers operating before the ordinance takes effect would not need to obtain a permit unless they undertake a substantial modification or expansion. They would remain subject to the decommissioning and abandonment rules. Existing facilities shall not be required to obtain a permit

Expansions or modifications below the ordinance’s substantial-modification thresholds would not trigger the permit requirement for substantial modifications. The threshold is more than a 10% footprint expansion, more than a 10% electrical-load increase, or a material change in cooling, water use, or noise-generating equipment. Substantial Modification

A data center may request a waiver of the 1,000-foot property-line setback if the adjacent property owner gives written consent. The waiver must be approved by the Board of Supervisors and recorded, and it cannot waive the occupied-dwelling setback. A setback waiver for the property line setback only may be requested

The ordinance establishes a defined permit timetable: after a complete application, the County Administrator must schedule a public hearing within 60 days, and the Board must grant or deny the permit within 60 days after the hearing, unless the parties agree to an extension. schedule the application for public hearing

The measure is expressly structured as a stand-alone regulatory ordinance rather than county-wide zoning, which provides a specific regulatory framework for data centers in unincorporated areas instead of requiring applicants to proceed through a county zoning system. enacted as a stand-alone regulatory ordinance