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The Data Center Divide

Thayer County

Anti-Data Center Policies

Thayer County allows data centers only with a conditional use permit in FLEX and I-1 districts; applicants must show utilities can serve them and pay for infrastructure extensions, and meet operating standards.

current law · Unincorporated areas
Regulates data centers to promote responsible development, compatibility with surrounding land uses, environmental protection, and public health and safety.Thayer County Zoning Regulations § 9.22 — Data Centers (2025)

What this means

Data centers are allowed only by conditional use permit in the FLEX and I-1 districts, so projects face review and are barred in other listed districts (the use matrix). Applicants must show that utilities can serve the facility and pay to extend infrastructure (all costs to extend infrastructure); noise, buffering, water use, and other operating standards add requirements, but the rules do not ban development.

People behind it

  • Identified as preparing the 2025 zoning regulation.

  • Adopted the regulation as Resolution No. 1972.

  • Responsible for administering and enforcing the zoning regulations.

Restrictions & requirementsHide restrictions & requirements7
  • Data centers are conditional uses in the FLEX and I-1 districts and are not listed as allowed in the other zoning districts. Data Center

  • A conditional use permit is required. The process includes public hearings before the Planning Commission and County Board, with public notice at least 10 days before the Commission hearing. public hearings

  • Applicants must show adequate power, fiber, road, water, and wastewater capacity. They must provide a utility letter confirming the electric utility can serve the facility without reducing system capacity, and pay the costs of extending infrastructure. responsible for all costs to extend infrastructure

  • The County may require buffer zones for visual and noise mitigation, and facilities must be designed for compatibility with the surrounding environment. Buffer zones consisting of landscaping

  • Data centers must provide sufficient on-site parking and design access to prevent traffic congestion. Sufficient on-site parking spaces

  • Facilities must be designed and operated to maximize energy efficiency and use water-efficient practices, including recycled cooling water and water-saving fixtures. maximize energy efficiency

  • Operating requirements include emergency response plans, compliant fire-detection and suppression systems, noise mitigation, and security measures such as controlled access, surveillance, and adequate lighting. emergency response plans

Benefits & exceptionsHide benefits & exceptions5
  • The land-use matrix lists data centers as conditional uses in the FLEX and I-1 districts, giving them a route to seek approval in those districts; they are not listed as allowed in the other districts. Data Center

  • Accessory uses directly related to data center operations—such as maintenance facilities, security offices, and employee amenities—are allowed as permitted uses. Accessory uses directly related to data center operations

  • A conditional use permit generally applies to the specific parcel and runs with the land, unless the County Board specifies otherwise. This can preserve the approval if ownership changes; the permit remains subject to its conditions and applicable revocation provisions. shall run with the land

  • Minor modifications to a conditional use permit may be approved by the Zoning Administrator if they do not affect the approval findings. Other modifications require County Board approval after staff and Planning Commission review. minor modifications

  • The Zoning Administrator must issue a written zoning-permit decision within 30 days after accepting an application. If the proposal needs additional review, such as a conditional use permit or floodplain review, that review must be resolved first. within 30 days

Sources

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