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Regbase

The Data Center Divide

Benson County

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

Slightly Pro-Data Center Policies

Benson County’s enacted measure imposes a temporary one-year pause on proposed data center projects, preventing new development during that period.

Rating from North Dakota statewide as there are no scored current or future laws outside temporary restrictions for Benson County.

Specific to Benson County only.

current law · County measure
Establishes a moratorium on proposed data centers in Benson County, with the County Commission approving a one-year moratorium on “any proposed data centers” while it examined data-processing regulations and water and electrical use; the county also approved a draft resolution and authorized its chair to sign it, and a signed Data Center Zoning Moratorium is listed by the Zoning Board.Benson County Data Center Zoning Moratorium

What this means

The measure would pause proposed data center projects in Benson County for one year, preventing new development during that period. The pause is temporary, but it is a major barrier to building or expanding data centers while it is in effect.

Timing

Ends
180 days after adoption

The moratorium is temporary and may be extended by resolution if additional time is needed to adopt data-center regulations.

People behind it

  • Moved to place a one-year moratorium on proposed data centers in Benson County.

  • Seconded the motion for the one-year data-center moratorium and later seconded approval of the moratorium resolution.

  • Benson County state's attorney who prepared the draft moratorium resolution and stated he would draw up the moratorium document.

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  • Reviewed the draft wind, solar, and data-processing ordinances and submitted them to the county commission for review and approval.

Restrictions & requirementsHide restrictions & requirements16

  • A one-year moratorium was approved on proposed data centers in Benson County, preventing them from proceeding during the moratorium period.

  • Data centers are permitted in industrial zoning districts but require a special-use or conditional-use permit in agricultural zoning districts.

  • Applicants must obtain a development permit and identify the data center's owner or operator.

  • Development-permit applications must include a project narrative covering the cooling method, anticipated design life, construction and operating traffic, construction phasing, and wastewater management.

  • Applicants must submit an acoustic impact report prepared and signed by a licensed professional engineer with demonstrated acoustical engineering expertise.

  • The acoustic report must identify major sound sources, calculate cumulative sound levels, measure existing ambient levels, model predicted levels at specified receptor sites, and describe operating and mitigation assumptions.

  • Applicants must provide a site plan meeting applicable local requirements and a map identifying occupied buildings, campgrounds, manufactured-home or RV parks, and parks or recreational areas within one-half mile of the project property.

  • Applicants must coordinate with the local jurisdiction to identify agencies and approvals needed for compliance with state and federal requirements and provide an anticipated approval schedule.

  • Applicants must obtain written verification that the electrical provider and water utility have sufficient capacity for the data center's anticipated needs.

  • Before development permits are issued, the applicant must enter into a development agreement if the local permitting jurisdiction requires one.

  • The local permitting jurisdiction may require additional studies, reports, certifications, or approvals to demonstrate compliance.

  • Noise at receptor sites may not exceed the sound-pressure levels established by the applicable local requirements; mitigation such as low-noise fans, berms, sound walls, or enclosures may be required.

  • Emergency-generator testing and maintenance may occur only between 7 a.m. and 9 p.m., and only one generator may be tested at a time.

  • A landscaped buffer yard must be installed when required by the applicable zoning ordinance.

  • The owner or operator must maintain all-weather access unless the access has been dedicated to and accepted by the local permitting jurisdiction.

  • All data processing and storage must be housed in permanent structures complying with the locally adopted International Building Code and International Fire Code.

Benefits & exceptionsHide benefits & exceptions1

  • The draft model ordinance makes data centers a permitted use in industrial zoning districts and allows them in agricultural districts through a special-use or conditional-use permit, subject to local adoption and the required approval process.

Sources

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