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The Data Center Divide

Cavalier County

Anti-Data Center Policies

Cavalier County requires data centers to obtain a conditional-use permit and undergo a public hearing, and bars them within one mile of a town; they are not banned elsewhere in the county.

current law · Areas outside the zoning jurisdiction of municipalities and townships
The 2026 Cavalier County zoning regulations do not expressly impose a one-mile town buffer on data centers; they list data storage or processing or artificial intelligence centers as conditionally permitted uses, while the separate 5,280-foot separation rule applies to other specified facilities.Cavalier County zoning regulation — one-mile town buffer for data centers

What this means

Data centers would need a conditional-use permit and public hearing, and the county says they cannot be located within one mile of a town (“data centers are not allowed within one mile of town”). The permit process and location limit are significant barriers, though they do not ban data centers throughout the county (listed as a conditional use).

People behind it

  • Moved to adopt the amendments to the Cavalier County Planning and Zoning Regulations.

  • Seconded the motion to adopt the amendments to the Cavalier County Planning and Zoning Regulations.

  • Adopted the amendments to the Planning and Zoning Regulations.

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  • Responsible for administering and enforcing the county zoning regulations.

  • Cavalier County Zoning Administrator responsible for administering and enforcing the zoning regulations.

Restrictions & requirementsHide restrictions & requirements10
  • Data storage, processing, and artificial-intelligence centers are allowed only as conditional uses in Cavalier County’s Agricultural District, rather than as permitted uses by right.

  • A conditional-use permit and public hearing are required before a data center may be built or operated.

  • The Planning and Zoning Commission may deny the permit unless the project will not harm public health, safety, welfare, adjacent uses, or orderly surrounding development; has adequate utilities, roads, drainage, and access; minimizes traffic congestion; and conforms to the district’s regulations.

  • The Planning and Zoning Commission may impose additional conditions to protect public health, welfare, and adjoining landowners.

  • A conditional-use permit costs $500.

  • Buildings, including data-center buildings, must be at least 160 feet from the centerline of any county road.

  • A data center may not be located within one mile of a town in Cavalier County.

  • A development or building permit must be obtained before beginning a use or construction requiring a permit, and the resulting structure may not be occupied until the zoning administrator issues a Certificate of Compliance.

  • Building permits expire one year after issuance.

  • For industrial or commercial projects valued at $10 million or more, the development-permit fee is 0.5% of the project cost.

Benefits & exceptionsHide benefits & exceptions4
  • Data storage or processing or artificial intelligence centers are conditionally permitted in the county’s Agricultural District, allowing them to be proposed through the conditional-use process rather than being prohibited outright. A public hearing and a $500 conditional-use permit fee are required, and the Planning and Zoning Commission may impose conditions.

  • Industrial or commercial projects valued at less than $10 million pay no building or development permit fee; projects valued at $10 million or more pay a fee of 0.5% of project value. This applies to data centers classified as industrial or commercial uses. Industrial or Commercial

  • The Agricultural District conditionally permits supporting infrastructure, including interstate and intrastate utility lines, electric substations, battery storage, energy-generating facilities, and gas regulators. These uses remain subject to Planning and Zoning Commission review and any applicable conditions. Electric substations, battery storage, energy generating facilities

  • The 5,280-foot minimum-distance requirement from existing residences and residentially zoned areas applies only to the separately listed uses in items n through v, such as airports, landfills, feedlots, and hazardous-material storage; data centers are listed earlier as item m and are not included in that specific setback requirement. All conditionally permitted uses listed below)

Sources

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