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Regbase

The Data Center Divide

Missoula County

This restriction takes precedence while in effect. The rating below excludes temporary restrictions.

Anti-Data Center Policies

Missoula County requires cryptocurrency-mining data centers to use new renewable energy and verify e-waste recycling; an enacted moratorium pauses new or expanded centers in unincorporated areas for one year, not the City.

current law · Unincorporated areas
Requires data centers used for cryptocurrency mining to meet renewable-energy and e-waste rules, with special-exception review near residential areas.Missoula County Zoning Regulations (MCZR), §5.10 — Cryptocurrency Mining/Data Centers

What this means

For data centers engaged in cryptocurrency mining, the rules add meaningful operating costs: they must offset all electricity use with new renewable energy and verify proper recycling of electronic waste (renewable-energy and e-waste requirements). Some sites also need special-exception review near residential areas; the sources do not establish that these specific rules apply to ordinary data centers that do not mine cryptocurrency.

People behind it

  • Adopted the Missoula County Zoning Regulations by Resolution #2022-063 on June 9, 2022.

  • Administers and interprets the official County zoning map and determines zoning-boundary locations where uncertainty exists.

  • Maintains the official zoning map and zoning-district layer for Missoula County.

Restrictions & requirementsHide restrictions & requirements3
  • Cryptocurrency mining operations located adjacent to a Residential district, excluding roads and other rights-of-way, or within 500 feet of a residential property boundary must undergo Special Exception review rather than proceeding solely under the district's permitted-use rules.

  • Cryptocurrency mining operations must develop or purchase enough new renewable energy to offset 100 percent of the electricity they consume, and must demonstrate that the renewable energy is additional to what otherwise would have been developed.

  • Operators must verify that all electronic waste generated by the operation will be handled by a DEQ-licensed electronic-waste recycling firm.

Benefits & exceptionsHide benefits & exceptions9
  • Cryptocurrency mining operations are permitted according to the district use table, providing a zoning pathway for qualifying data-center-style mining facilities. If the parcel adjoins a Residential district or is within 500 feet of a residential property boundary, the operation requires Special Exception review.

  • A valid vested development right is protected from later zoning changes, so amendments to the regulations or official zoning map do not apply when a complete application was received and acknowledged before the change. The property owner bears the burden of proving the vested right.

  • Complete applications received before the regulations' effective date are reviewed under the prior regulations, allowing an application already in process to proceed under the rules in effect when it was submitted.

  • Approved applications without an established deadline must be completed within three years, with a possible one-time extension of up to one year for delays beyond the applicant's reasonable control. This preserves a transition period for approved development under prior regulations.

  • Completed zoning compliance permits issued before the effective date remain valid in perpetuity, provided the approved development, change, or use was completed in accordance with the permit. Future activity may still have to comply with the current regulations if substantial work or investment has not occurred and no vested right exists.

  • Required interpretations should favor the property owner's rights whenever possible, while the regulations must still be read literally and in context with the entire document.

  • Interior zoning-boundary setbacks do not apply when zoning districts split an existing lot, which can make site layout and expansion easier on an otherwise qualifying split-zoned lot.

  • Roof-mounted and small-scale ground-mounted solar energy systems are permitted as accessory uses in all zoning districts, allowing a data center to add qualifying onsite renewable-energy infrastructure as an accessory use. Flush roof-mounted systems may be exempt from a Zoning Compliance Permit when a structural engineer documents that the roof can support the additional load.

  • Small wind energy systems are allowed as an accessory use in all districts that allow minor utility services, and one system is allowed per parcel. Large wind systems are allowed in districts permitting major utility services, subject to the section's height, setback, FAA, and other requirements.

Sources

Specific to Missoula County only.

current law · Areas outside the City of Missoula
Prohibits new or expanded data centers in unincorporated Missoula County for one year, through July 8, 2027, unless the moratorium is replaced or extended.Missoula County Data Center Interim Zoning / Countywide Moratorium

What this means

The measure would pause new or expanded data centers in unincorporated Missoula County for one year, making development there substantially harder during that period (one-year moratorium on new or expanded data centers). It does not cover the City or expressly stop existing centers from operating, and the county could replace it with new zoning rules sooner.

Timing

Ends
Jul 8, 2027

The one-year moratorium expires on this date unless replaced by new zoning regulations. Commissioners may extend it for a second year after another legally advertised public hearing.

People behind it

  • Adopted the countywide one-year moratorium on new or expanded data centers outside city limits (adopted a countywide one-year moratorium).

  • Initiated the study required to assess the emergency and identify possible responses; County staff completed the draft study (initiated a study).

Restrictions & requirementsHide restrictions & requirements1
  • A countywide one-year moratorium bars new or expanded data centers outside Missoula city limits. It expires July 8, 2027, unless replaced by new zoning regulations; commissioners may extend it for a second year after a legally advertised public hearing.

Benefits & exceptionsHide benefits & exceptions2
  • The moratorium applies only to new or expanded data centers outside city limits, so it does not bar development within the City of Missoula under the rules that apply there. new or expanded data centers outside of the City limits

  • The restriction is on new or expanded facilities, not continued operation of existing, unexpanded data centers. new or expanded data centers

Sources

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