The Data Center Divide
A policy snapshot ahead of the 2026 midterms. Mapping data center incentives, restrictions, and bans through legislation, regulations, and executive actions across all 50 states and 1,462 local jurisdictions.
Yellowstone County
Pro-Data Center Policies
Montana limits government restrictions on lawful computing unless narrowly justified, while allowing action against nuisances and requiring risk plans for certain AI-controlled critical infrastructure. Qualifying large data centers receive favorable property-tax treatment, with some limits on power sales and infrastructure tax benefits.
Rating and summary from Montana statewide as there are no scored current or future laws outside temporary restrictions for Yellowstone County.
Specific to Yellowstone County only.
pending · County measureWould prohibit Yellowstone County from approving a data center’s construction, expansion, or continued operation unless two-thirds of county voters approve it in a special election.Yellowstone County Data Center Initiative (2026)
What this means
If enacted, it would make new construction and expansion very difficult by requiring two-thirds voter approval before a data center could proceed. It would also require existing centers to win approval to keep operating, making this a severe restriction rather than an outright ban.
People behind it
- Kassi Solberg
Petitioner and organizer who proposed and submitted the Yellowstone County data center ballot initiative.
- Brian Miller
Attorney for Kassi Solberg who helped prepare and submit the proposed initiative.
- Dayna Causby
Yellowstone County Election Administrator to whom the proposed initiative was submitted and who administers its election-processing requirements.
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- Yellowstone County
Local government responsible for processing the initiative and reviewing its validity through the county attorney's office.
Restrictions & requirementsHide restrictions & requirements7
Prohibits Yellowstone County from authorizing, licensing, permitting, or otherwise approving the construction, expansion, or continued operation of any data center unless the proposal receives prior approval in a countywide special election by two-thirds of all registered county voters.
Applies the voter-approval requirement to construction permits, special-use permits, conditional-use permits, zoning variances, and any other land-use authorization for data center construction, expansion, or ongoing operation, including applications submitted before or after the ordinance takes effect.
Requires existing data centers operating under previously issued permits, licenses, or authorizations to obtain the same two-thirds voter approval to continue operating.
Requires a person or entity seeking approval for data center construction, expansion, or continued operation to petition the Yellowstone County Board of County Commissioners to call a special election.
Requires Yellowstone County to declare an emergency involving public health, safety, morals, and general welfare and establish interim zoning under Montana Code Annotated § 76-2-206.
Requires the county to immediately disclose communications involving county employees or agents and people associated with or employed by the data center industry, including the participants, a contemporaneous summary of the communication, and electronic copies of all communication records.
Defines data center expansion broadly to include increases in gross square footage, electrical capacity, computing capacity, or water-consumption capacity.
Sources
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