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The Data Center Divide

Buffalo County

Anti-Data Center Policies

Buffalo County’s enacted zoning rules require data centers to obtain a special-use permit, locate on industrial-zoned land, access a paved public road, and use closed-loop cooling if they use water; these requirements are not a ban.

current law · County measure
Adopts amendments regulating data centers and battery energy storage systems (BESS), making both special-use-permit uses in the Industrial District when they abut and access a paved public road, with requirements for fencing, security, engineering plans, and closed-loop water cooling (adopted zoning amendments).Buffalo County Zoning Regulations (as amended August 11, 2026)

What this means

The measure would make data centers harder to site: they would need a special-use permit, be limited to industrial-zoned land, and have access to a paved public road (special-use permit and road requirements). They would also need closed-loop water cooling if using water, adding operating requirements (closed loop water cooling apparatus). These are significant hurdles, though not a ban.

People behind it

  • Adopted Resolution 2026-35 regulating data centers and battery energy storage systems, Resolution 2026-37 regulating medical marijuana, and acted on the manure-storage proposal.

  • Held the initial public hearings and recommended the proposed data-center, battery-storage, and medical-marijuana amendments, while recommending against the manure-storage amendment.

  • Presented the data-center, battery-storage, manure-storage, and medical-marijuana code amendments to the Board and Planning Commission.

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  • Moved the Planning Commission’s favorable recommendations for the data-center and medical-marijuana amendments and its unfavorable recommendation on the manure-storage amendment.

  • Co-sponsored the Planning Commission motion recommending approval of the data-center and battery-storage amendments.

  • Co-sponsored the Planning Commission motion recommending approval of the medical-marijuana amendments.

  • Co-sponsored the Planning Commission motion recommending against the manure-storage amendment.

  • Sponsored Board motions adopting the data-center and battery-storage amendments and the medical-marijuana amendments, and co-sponsored referral of the manure proposal for further review.

  • Co-sponsored the Board motion adopting the data-center and battery-storage amendments and the Board motion adopting the medical-marijuana amendments.

  • Co-sponsored the Board motion adopting the medical-marijuana amendments.

  • Sponsored Board action accepting the Planning Commission’s unfavorable manure-storage recommendation and co-sponsored referral of the manure proposal for further review.

  • Responsible under the medical-marijuana provisions for annual reviews, inspections, enforcement-related notices, and administration of review and inspection fees.

  • Designated to accompany the Zoning Administrator during initial and annual inspections of medical-marijuana facilities.

Restrictions & requirementsHide restrictions & requirements6

  • Data centers are removed as permitted uses in the Commercial District and as uses by right in the Industrial District; they may operate only as a special-use-permit use in the Industrial District. The site must abut and have access to a paved public road. Data Center ... by special use permit

  • A data center must obtain a special use permit under Article 6, which requires a public hearing and approval by the county decision-making process before the use can proceed. public hearing would be required

  • If a data center uses water for cooling, it must use a closed-loop water-cooling apparatus. shall utilize closed loop water cooling apparatus

  • The facility's design and use must include air handlers, temporary power generators, material-storage areas, and air-to-air cooling if used, as needed to support sustained digital-infrastructure operations. shall include air handlers

  • Outdoor, on-site power and data-storage facilities are allowed only up to a stated limit of 15 percent of the data center's enclosed area, along with associated utility infrastructure. total outdoor storage area

  • Data-storage systems associated with a data center must be located in fenced, well-lighted, secured areas and must display signage identifying emergency telephone numbers. fenced, well lighted, secured, areas

Benefits & exceptionsHide benefits & exceptions9

  • The data-center definition expressly includes cryptocurrency-mining operations, including specialized computing hardware and cooling equipment, allowing those activities to qualify as data-center uses.

  • Data centers are allowed as special-use-permit uses in the Industrial District when they abut and have access to a paved public road.

  • A data center may include customary accessory uses, such as offices.

  • A data center may include air handlers, temporary power generators, material-storage areas, air-to-air cooling, and associated utility infrastructure needed to support sustained digital operations.

  • Outdoor, on-site power and data-storage facilities are allowed, subject to a limit that their total outdoor storage area does not exceed 15 percent of the center’s enclosed area.

  • Data-storage systems may be combined with stationary energy-storage or battery energy-storage systems on the same or an abutting parcel.

  • Stationary energy-storage systems may include customary accessory uses such as offices, outdoor storage facilities, air handlers, temporary power generators, material-storage areas, and air-to-air cooling needed for sustained operations.

  • The regulations allow electric substations associated with data centers or battery-storage facilities, provided the substations are constructed in conjunction with and adjacent to such a facility.

  • Stationary energy-storage systems are recognized as facilities for storing 20 kWh or more of electricity, allowing larger battery-storage installations to be regulated and developed under the zoning framework.

Sources

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