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The Data Center Divide

Oliver County

Slightly Pro-Data Center Policies

North Dakota offers qualifying certified data centers tax breaks on equipment and software, while exempting onsite backup generators from a siting-related facility definition; a study of large energy users is also required.

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

Specific to Oliver County only.

repealed · County measure
Imposes a moratorium on all data centers and cryptocurrency mining facilities in Oliver County to give the county time to research these land uses and adopt zoning amendments covering siting, applications, and performance standards while protecting residents’ health, safety, and general welfare.North Dakota Resolution 2024-05 (2024)

What this means

The measure temporarily stopped all data center and cryptocurrency mining development until zoning standards could be created, delaying new projects. The county later lifted the moratorium about three months after adopting it, limiting the practical impact.

Timing

Ends
Mar 13, 2025

Resolutions 2024-04 and 2024-05 imposed moratoriums on solar facilities and data centers/cryptocurrency mining facilities, respectively, until adequate zoning standards were developed and adopted. The County Commission later voted to lift both moratoriums on 2025-03-13.

People behind it

  • Worked with the State’s Attorney to draft the solar and data center moratoriums.

  • State’s Attorney who worked with Jaden Schmidt on drafting the moratoriums.

  • Held the first readings and recommended both moratorium resolutions to the County Commissioners.

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  • Moved approval of the solar moratorium and seconded approval of the data center and cryptocurrency mining facilities moratorium during the Planning & Zoning Commission’s consideration.

  • Seconded approval of the solar moratorium during the Planning & Zoning Commission’s consideration.

  • Moved approval of the data center and cryptocurrency mining facilities moratorium during the Planning & Zoning Commission’s consideration.

  • Adopted Resolutions 2024-04 and 2024-05 imposing the solar and data center moratoriums.

  • Moved adoption of both moratorium resolutions before the County Commission.

  • Seconded adoption of both moratorium resolutions before the County Commission.

Restrictions & requirementsHide restrictions & requirements1

  • Resolution 2024-05 imposed a moratorium on the development of all data centers and cryptocurrency-mining facilities in Oliver County until adequate zoning standards and land-use-code amendments could be developed and adopted. It took effect upon recording and publication; the County Commission later voted to lift the moratorium on March 13, 2025.

Sources

repealed · County measure
Establishes a 180-day moratorium on data-center and cryptocurrency-mining facilities in Oliver County, approved on March 13, 2026, with an option to extend if needed, to allow development of a related ordinance and completion of public input, notice, hearings, and ordinance readings.North Dakota Resolution 2026-02 (2026)

What this means

The measure would pause data center and cryptocurrency mining projects for 180 days, with an option to extend, making it a major short-term barrier. The county later recorded that it lifted the moratorium, but the score reflects the proposed 180-day pause itself.

Timing

Ends
180 days from the date of approval

The moratorium was approved on 2026-03-13 with an option to extend if needed, but it was lifted early on 2026-04-30.

People behind it

  • Recommended approval of a 36-month Data Center and Cryptocurrency Facilities Moratorium.

  • Moved the Planning & Zoning Board's recommendation to approve a 36-month moratorium.

  • Seconded the Planning & Zoning Board's recommendation to approve a 36-month moratorium.

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  • Recommended a 36-month duration for the moratorium during Planning & Zoning Board discussion.

  • Moved the County Commission's motion to approve the moratorium and later moved to amend it to 180 days.

  • Seconded the County Commission's moratorium motions, including the amendment establishing a 180-day term.

  • Assigned responsibility, with assistance from other state's attorneys, for drafting the data center ordinance, accepting public input, and conducting the required hearing and readings.

Restrictions & requirementsHide restrictions & requirements1

  • A moratorium on data center and cryptocurrency mining facilities was approved for 180 days from the date of approval, with the option to extend it if needed. The moratorium was later lifted on April 30, 2026.

Benefits & exceptionsHide benefits & exceptions1

  • The Data Center and Cryptocurrency Mining Facilities moratorium was lifted on April 30, 2026, removing the temporary restriction on developing or permitting those facilities. No replacement data-center ordinances had been completed or approved at that time.

Sources

expired · County measure
Imposes a moratorium on all development of data centers and cryptocurrency mining facilities in Oliver County to allow time for research and adoption of land-use standards covering siting, applications, and performance, while protecting residents’ health, safety, and welfare (resolution and meeting action).North Dakota Resolution 2025-02 (2025)

What this means

The measure would stop new data center development in Oliver County for 90 days while the county develops zoning rules, creating a significant near-term delay. The commission approved the moratorium for a 90-day period; it is temporary, not a permanent ban.

Timing

Ends
90 days

The County Commission approved 90-day moratoriums on solar energy facilities and on data center and cryptocurrency mining facilities. No extension condition is stated.

People behind it

  • Introduced and conducted the first reading of Resolutions 2025-02 and 2025-03 and requested that the moratoriums be reinstated.

  • Moved approval of Resolutions 2025-02 and 2025-03 during the Planning & Zoning Board meeting.

  • Seconded the motion to approve Resolutions 2025-02 and 2025-03 during the Planning & Zoning Board meeting.

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  • Proposed and adopted the moratorium resolutions governing data centers, cryptocurrency mining facilities, and solar energy facilities.

  • Moved approval of the 90-day moratoriums during the County Commission meeting.

  • Seconded the motion to approve the 90-day moratoriums during the County Commission meeting.

Restrictions & requirementsHide restrictions & requirements1

  • A 90-day moratorium prohibits the development of all data centers and cryptocurrency mining facilities in Oliver County while zoning standards are developed; the moratorium takes effect upon recording and publication.

Sources

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