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The Data Center Divide

Hitchcock County

Anti-Data Center Policies

Hitchcock County allows data centers in three districts, but two require conditional-use permits; industrial districts allow them directly. A one-mile buffer from listed sensitive uses, a noise study, and a 55 dBA noise limit apply.

current law · County measure: AG-G, RCI, and I zoning districts
Regulates crypto-mining facilities, blockchain operations, and new data centers through zoning standards that apply in agricultural, rural commercial/industrial, and industrial districts.Hitchcock County Resolution #25-9 (2025)

What this means

The measure allows data centers in three districts, but adds meaningful siting and operating conditions, including a one-mile separation from listed sensitive uses, a noise study, and a 55 dBA noise limit (data center standards). Data centers would need a conditional use permit in two districts; industrial-district data centers are allowed as a principal use, which offsets some of the burden.

People behind it

  • Recommended the zoning regulation amendments to the County.

  • Moved to amend the proposed regulations and offered Resolution #25-9, moving its adoption.

  • Seconded Wertz’s motions to amend the proposed regulations and adopt Resolution #25-9.

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  • Adopted the amendments by Resolution #25-9.

Restrictions & requirementsHide restrictions & requirements7
  • A new data center that is not ancillary to another primary use may operate under these rules only by following the crypto-mining standards. In the AG-G and RCI districts, that means a conditional use permit; in the Industrial district, data centers are listed as permitted principal uses. same standards

  • New data centers subject to these standards must be at least one mile from any existing dwelling, platted residential area, public park, recreational area, church cemetery, religious area, school, or historical site. must be 1 mile

  • A noise study must be completed before the public hearing for a conditional use permit. noise study must be completed

  • Noise is limited to a maximum one-hour level of 55 dBA, measured at the boundary of adjacent residential properties using a Type II or better sound level meter and A-weighting. 55 dba

  • Noise-reduction barriers are required. Noise reduction barriers

  • Exterior security fencing must be a six-foot chain-link fence with at least three strands of barbed wire above it. 6’ chain link fence

  • The measure sets the conditional-use application fee at $500, applicable to data-center applications requiring a conditional use permit. It also adds a $30 zoning-permit late fee. increase schedule of fees

Benefits & exceptionsHide benefits & exceptions2
  • In the AG-G and RCI districts, a new data center that is not ancillary to another primary use may be considered for a conditional use permit, subject to the referenced standards. The data-center provisions identify this pathway.

  • In the Industrial district, a new data center that is not ancillary to another primary use is listed as a permitted principal use, subject to the referenced standards. The Industrial District provision states this classification.

Sources

Specific to Hitchcock County only.

expired · County measure
Establishes a temporary moratorium, adopted on February 3, 2025, barring commercial data centers and crypto-mining facilities from being located, constructed, developed, operated, or approved through conditional-use permits in the AG-G and RCI districts for up to one year or until updated zoning regulations are adopted.Hitchcock County Resolution #2025-7 (2025)

What this means

The proposed one-year moratorium would block data centers in the AG-G and RCI districts, though the industrial district is excluded (moratorium in those districts). Outside the moratorium, new centers face significant requirements, including a one-mile separation rule and noise controls (data center standards).

Timing

Ends
One year from 2025-02-03, or until the County adopts appropriate updated zoning regulations, whichever occurs first.

This applies to both the wind/solar moratorium and the data-center/crypto-mining moratorium. The moratoria end earlier if the specified updated zoning regulations are adopted.

People behind it

  • Offered and moved for adoption of Resolution #2025-6 concerning the temporary moratorium on wind energy installations and solar power generation systems; seconded adoption of Resolution #2025-7.

  • Seconded adoption of Resolution #2025-6 concerning the temporary moratorium on wind energy installations and solar power generation systems; offered and moved for adoption of Resolution #2025-7 concerning the temporary moratorium on data centers and crypto mining facilities.

  • Adopted and enacted the temporary moratoria on wind and solar energy systems and on data centers and crypto mining facilities, and was responsible for studying and developing updated zoning regulations.

Restrictions & requirementsHide restrictions & requirements9
  • A temporary moratorium prohibits locating, constructing, developing, operating, or using a commercial data center as an accessory use in the AG-G General Agricultural and RCI Rural Commercial/Industrial districts, and prohibits conditional-use permits for such facilities, for up to one year from February 3, 2025, or until updated regulations are adopted, whichever occurs first. a moratorium shall hereby be enacted

  • In the AG-G and RCI districts, a new data center that is not ancillary to another primary use requires conditional-use approval and must meet the listed crypto-mining-facility standards. Any new data center that is not ancillary to another primary use may be permitted

  • A data center subject to the AG-G or RCI standards generally must be at least one mile from any existing dwelling, platted residential area, public park, recreational area, church, cemetery, religious area, school, or historical site. must be 1 mile from any existing dwelling

  • Before the public hearing for the conditional-use permit, the applicant must complete a noise study. A noise study must be completed prior to a public hearing

  • Operations are limited to a maximum one-hour noise level of 55 dBA, measured at the boundary of adjacent residential properties with a Type II-or-better sound-level meter using A-weighted response. Maximum decibel levels shall be limited to a maximum one-hour limit of 55 dba

  • Noise-reduction barriers are required. Noise reduction barriers will be required

  • The facility must have a six-foot chain-link exterior security fence with at least three strands of barbed wire above it. shall consist of a 6’ (six foot) chain link fence with not less than three strands of barbed wire

  • A proposed new or expanded facility seeking to locate closer than the required separation distance must obtain an impact easement from every existing use or dwelling within that distance, creating an additional property-rights requirement and potential cost. required to obtain an Impact Easement

  • In the Industrial District, a new data center that is not ancillary to another primary use may be permitted only by complying with the same one-mile separation, noise-study, noise-limit, barrier, fencing, and impact-easement standards. may be permitted following the same standards

Benefits & exceptionsHide benefits & exceptions3
  • In the Industrial District, a new data center that is not ancillary to another primary use may be permitted under the standards listed for crypto-mining facilities, including the data-center provision in Section 503.02.

  • The temporary moratorium does not prohibit data centers in the Industrial District; it expressly preserves their use there as a conditional use, subject to conditions determined to ensure consistency with the district's intent. The moratorium instead applies to the AG-G and RCI districts for the lesser of one year or until updated regulations are adopted, as stated in the Industrial District exception.

  • A data center may use the same impact-easement mechanism provided for crypto-mining facilities: if it obtains an impact easement from an existing use or dwelling within the required separation distance, it may be built closer than the otherwise required one-mile separation. This applies because the data-center provisions adopt the same standards as Section 503.02(4)(A-F).

Sources

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