Data centers may be located only in an Industrial (I) District and require approval of a Special Use Permit.

Construction, installation, or any modification beyond routine maintenance requires both a Special Use Permit and a Burleigh County building permit.

A change of use within an existing permitted data center, including conversion to an AI conversion center, requires a new Special Use Permit review and approval.

Applicants must submit extensive materials, including project demand, processing capacity, water and electricity needs, an acoustical study, a scaled site plan, and a map identifying sensitive uses within one mile.

Applicants must provide applicable state and federal compliance documentation, including documentation related to the North Dakota State Electrical Board, and a signed electrical power purchase agreement.

Applicants must pay Special Use Permit, building permit, and other application fees in amounts set by the Board of County Commissioners.

Applicants must provide financial security equal to 125% of the estimated cost to maintain the facility and separate financial security equal to 125% of the estimated cost to reclaim and restore the property.

Required financial security must be approved by the County and may take the form of an irrevocable letter of credit, surety bond, or cash held in escrow; it must generally be provided before work begins.

Data centers are prohibited in all Floodplain Districts and designated Special Flood Hazard Areas.

Data centers must be set back at least one-half mile from single-family and multifamily dwellings, schools, churches, synagogues, similar religious institutions, and public parks, measured from the sensitive property's nearest property line to the data center's exterior property lines.

Buildings, structures, and appurtenances must comply with the height limits applicable to the Industrial District.

Electrical wiring must be installed underground, except wiring brought together for interconnection to system components or the local utility grid, and must comply with North Dakota electrical requirements.

Applicants must submit written verification from the utility provider that sufficient electrical capacity will be available for anticipated needs.

The entire facility perimeter must have and maintain a secured chain-link, solid wood, or masonry fence at least six feet high.

Landscaped buffers are required around the entire property perimeter.

Noise must not exceed 75 decibels at the subject property's boundary during all operating hours, supported by specified verification such as an acoustical-engineer study.

Outdoor lighting must be installed to limit off-site impacts, and shielding may be required near adjacent properties to prevent light trespass.

Exterior access roads must meet county development standards and Article 33, require approval by the County Highway Engineer, and be covered by a road-maintenance agreement; interior roads are subject to Fire Department review.

Storm drainage, erosion control, grading, drainage, and stormwater management must comply with Article 33 requirements.

The owner or representative must sign a development agreement addressing financial security, roads, stormwater and erosion controls, reclamation and restoration, and other imposed conditions.

The applicant, property owner, occupant or lessee, and operator must give the County at least six months' written notice before abandoning or ceasing operations.

A data center that does not operate continuously for six months is automatically considered abandoned, and the County may require reclamation and restoration within 90 days after written notice.

Decommissioning requires removal and disposal of above-ground and underground structures and utilities to a depth of four feet, as well as other facilities, equipment, and materials on or under the property.

If required restoration is not completed within 90 days, the County may perform or arrange the work and recover costs from responsible parties, use the posted financial security, or impose a lien or special assessment.

After decommissioning, the property's Industrial District zoning automatically reverts to the zoning that existed before the Special Use Permit was issued.

The ordinance becomes effective 30 days after first publication of the approval notice unless a petition for a separate hearing is filed under North Dakota law.

Data centers are expressly authorized as a special use in Burleigh County’s Industrial (I) District, allowing them to be developed through a Special Use Permit rather than being prohibited outright.

Existing permitted data centers may be modified beyond routine maintenance through the Special Use Permit process, providing a pathway for expansion or upgrades.

An existing permitted data center may be converted to support artificial intelligence, subject to a new Special Use Permit review and approval.

The Special Use Permit review may include additional conditions or specific allowances, giving the county flexibility to approve project-specific arrangements.

The ordinance’s definition of a data center expressly includes supporting facilities such as air handlers, water cooling and storage, and utility substations, allowing these operational components to be part of the permitted facility.