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The Data Center Divide

City of Brainerd

Anti-Data Center Policies

Brainerd requires special city approval for data centers, with studies and plans for noise, waste, and water, plus equipment screening. Approved projects may proceed, but these requirements can add cost and delay.

current law · City of Brainerd
Requires a conditional use permit for data centers, with rules for noise, generators, waste, water, screening, and power impacts, while allowing limited on-site centers that meet specific conditions.Brainerd Ordinance No. 1581 (2025)

What this means

Data centers need special city approval, and operators must meet requirements such as noise studies, waste and water plans, and equipment screening, adding meaningful cost and delay. The rules still allow projects that receive approval, so they are significant barriers rather than a ban (approval and operating requirements).

People behind it

  • Adopts the zoning ordinance and serves as the Board of Zoning and Appeals; it also approves certain permits and may initiate zoning amendments.

  • Administers and enforces the zoning ordinance, including reviewing applications and issuing or denying certain permits.

Restrictions & requirementsHide restrictions & requirements14
  • Data centers may not operate in Brainerd unless specifically approved through a Conditional Use Permit.

  • A data center ancillary to another primary use is exempt from the Conditional Use Permit requirement only if it occupies no more than 10% of the building footprint, serves only the on-site property owner's enterprise functions rather than third parties, and is not housed in a separate stand-alone structure.

  • Commercial-grade mechanical equipment and other noise sources must comply with Minnesota Pollution Control Agency noise rules, and the facility must incorporate sound-mitigation measures for residential structures within 1,000 feet.

  • Before approval, the applicant must submit a noise study by a third-party engineer showing compliance with MPCA noise rules, including baseline measurements at the property line of the nearest residentially planned or zoned property or other noise-sensitive use.

  • After operations begin, the operator must conduct an additional third-party noise study at the property line of the nearest property or other noise-sensitive use.

  • The City may require one additional third-party sound study each year during peak mechanical-equipment operation; the operator must provide the results within 30 days or show that a third-party engineer has been engaged.

  • Backup generators may operate only from 9:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays, unless they are supplying backup power during an outage; voluntary shutdowns or power curtailments do not qualify as outages.

  • Upon City staff request after occupancy approval and commencement of operations, the operator must provide a noise-complaint liaison available from 8:00 a.m. to 10:00 p.m. Central Time every day, publish the liaison's contact information on the City's website, and notify property owners within 500 feet.

  • Before operating, the data center must submit a hazardous-waste plan for review by the City's Community Development, Public Works, Public Utilities, and Fire Departments.

  • The operator must verify that all electronic waste generated by the facility will be handled by a licensed electronic-waste recycling firm.

  • Changes to facility operations that affect hazardous-waste materials require City approval.

  • Before approval, the developer must apply for a sewer-extension permit from the Minnesota Pollution Control Agency and submit a water and wastewater plan for review by the City's Public Works and Public Utilities Departments.

  • Outdoor equipment serving the data center, including mechanical equipment and generators, may not be closer to a public-street property line than the principal building and must be fully screened from adjacent rights-of-way and properties.

  • For electrical loads exceeding one megawatt, the responsible party must obtain a system-impact study from the applicable power-transmission owner or operator.

Benefits & exceptionsHide benefits & exceptions2
  • Data centers may operate in Brainerd when explicitly approved through a Conditional Use Permit, providing a permitting pathway rather than an outright prohibition. Data Centers are not permitted ... unless explicitly approved by a Conditional Use Permit

  • A data center that is ancillary to another primary use may operate without a Conditional Use Permit if it occupies no more than 10% of the building footprint, serves the on-site property owner’s enterprise functions, does not provide leased data storage or processing to third parties, and is not in a separate stand-alone structure. Data Centers that are ancillary to another primary use are permitted

Sources

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