Data centers are allowed only as conditional uses in the Industrial District and are not permitted by right or listed as allowed uses in other zoning districts.

A data center must obtain a conditional-use permit before operating. The process requires a written application, newspaper notice for two successive weeks, certified-mail notice to property owners within one-half mile generally at least 15 days before the hearing, a public hearing, and findings addressing health, safety, transportation, public welfare, surrounding property, and consistency with the Comprehensive Plan.

Conditional-use applications must include extensive site, ownership, survey, zoning, engineering, drainage, landscaping, access, parking, waste, power, water-use, noise, and state-agency information, including a registered-land-surveyor survey, a power-purchase agreement or utility letter, and specified agency comments.

A data center must be at least one mile from single-family and multifamily dwellings, schools, churches and similar religious institutions, and public parks. Property-owner acknowledgements from owners within one mile must be obtained and recorded on the project property and affected properties.

Data-center structures must be at least 100 feet from perennial waterbodies, at least 1,200 feet from non-community water-system wellheads and private drinking-water wellheads, and outside source-water protection areas for community water systems.

Data centers must be at least one mile from state- or federally designated historic or cultural sites, with potentially greater setbacks if recommended in writing by the State Historic Preservation Office.

Applications must map sensitive or protected areas and existing facilities or infrastructure within 1.5 miles of the proposed project.

Facilities capable of generating radio-frequency or electromagnetic interference must submit an impact assessment, remain at least 1.5 miles from the nearest airport or airstrip and two miles from military installations unless required military coordination and compliance are demonstrated, and correct harmful interference within 60 days after notification.

The data center must be owned and operated by U.S. citizens or entities. Applicants must submit an ownership affidavit, update it annually for ownership changes, disclose leasing arrangements, and provide North Dakota Secretary of State evidence that the business may lawfully operate in the state.

Applicants and property owners must be in good standing, including being current on property taxes, permit fees, and liens, not breaching contractual obligations with political subdivisions, not violating County code requirements, and providing required state compliance documentation.

All power-consumption needs must be generated onsite; a local utility connection is allowed only for single-phase electrical power.

The site must have direct access to a paved road. The permittee must obtain required overweight-load permits and repair or restore public roads, sidewalks, and other public infrastructure damaged during construction at its own expense.

The owner must provide hazardous-material information and coordinate an emergency-response plan with the county emergency manager, fire departments, law enforcement, and other first responders. The plan must be submitted at least 60 days before construction.

The data-center owner must pay for necessary local training and equipment needed to address a worst-case emergency.

Data centers must comply with NFPA 75 and specified fire-protection, fire-suppression, emergency-shutdown, ventilation, lighting, signage, fire-resistant-enclosure, and firefighter-access requirements. A local-fire-department response confirming awareness of the facility and procedures must be renewed annually, with 30 days' notice before expiration.

Hazardous chemicals, fuels, coolants, refrigerants, fire-suppression agents, backup batteries, and e-waste must be stored, inspected, recycled, tracked, and disposed of under specified OSHA, EPA, and related requirements. Onsite fuel storage is limited to 1,000 gallons, and spill-control, leak-detection, and secondary-containment systems are required.

Data centers with cooling systems that discharge water must use thermal-pollution mitigation and water-recycling measures, keep discharges within applicable temperature limits, and comply with North Dakota Department of Environmental Quality requirements.

The facility must minimize vegetation removal, may not remove large tree stands or shelterbelts without written approval from the affected landowner, and may be required to install landscaping buffers.

Before construction and during operation, the applicant must provide a county-verified acoustical-engineer noise study and mitigation plan. Noise may not exceed 50 dB(A) during the day or 45 dB(A) at night at the nearest property lines.

An approved acoustical engineer must verify completed noise controls before full operation. Annual full-load noise inspections are required at the owner's expense; confirmed exceedances require corrective mitigation within 90 days, and the county must investigate noise complaints within 14 days.

Building permits are required before construction, structural alteration, or relocation. Nonresidential structures in the Industrial District require plans signed and sealed by a North Dakota-licensed engineer, and building permits expire if construction does not begin within one year.

Conditional-use, building-permit, data-center, appeal, and other applicable fees are nonrefundable, including a specifically listed conditional-use fee for data centers, and additional building, engineering, and other permitting costs may apply.

A conditional-use permit expires if the authorized use has not commenced within one year and becomes void if it is not recorded with the County Recorder within 120 days after approval.

The county may revoke a data-center conditional-use permit after a public-hearing process if permit conditions or applicable county, state, or federal requirements are not maintained.

A data center must be decommissioned if it is not in use for 12 consecutive months, including removal of structures and foundations and restoration of soil and vegetation.

Applicants must provide an irrevocable letter of credit for site restoration equal to reclamation costs estimated by a North Dakota-licensed engineer and verified by the County Board of Commissioners or its designee.

Data centers are allowed as a conditional use in the Industrial District rather than being prohibited, subject to a conditional-use permit and the applicable code standards, including application, setback, infrastructure, emergency-management, and noise requirements. (data centers are listed as a conditional use in the Industrial District)

The data-center definition includes digital-asset mining and supporting facilities such as air handlers, water-cooling and storage facilities, utility substations, and other supporting utility infrastructure. Substations may require separate review and permitting.

A data center may connect to a local utility for single-phase electrical power, but its remaining power needs must be generated onsite. (Local utility connection is allowed)

Data-center utility lines generally need to be underground only to the extent feasible, with exceptions for the utility company’s main service connection and new interconnection equipment, including poles and easements.

A data center lawfully established before the code takes effect may continue as a lawful nonconforming use despite later zoning changes. The protection is limited because structural alterations beyond normal maintenance are restricted, the use may not expand to occupy more land, and nonconforming status ends after two years of discontinuance or upon changing to a permitted use. (lawful, nonconforming uses may continue)

A data center is not required to be decommissioned merely because it has operated for a particular period; decommissioning is triggered when it is not in use for 12 consecutive months. (decommissioned in the event it is not in use for 12 consecutive months)