Ramsey County
Anti-Data Center Policies
Ramsey County’s upcoming ordinance would require data centers to obtain conditional-use permits in industrial zones and meet strict separation distances, studies, agreements, and financial-security requirements.
future law · County measure: Townships without their own zoning regulations or that have relinquished zoning authority to the county; cities and extraterritorial areas only where zoning authority was formally relinquished or transferred to the countyEstablishes county zoning controls to promote public health, safety, welfare, orderly development, and implementation of the comprehensive plan under the Ramsey County Zoning Ordinance.Ramsey County Zoning Ordinance
What this means
The ordinance would allow data centers only through a conditional-use permit in industrial zones, with a one-mile setback from homes and other sensitive places and a three-mile separation from existing data centers. Required studies, agreements, and financial security add cost and delay, creating significant barriers, though development is not banned.
People behind it
- Ramsey County Board of County Commissioners
Established and adopted the Ramsey County Zoning Ordinance and is responsible for approving conditional use permits and other zoning actions.
- Ramsey County Planning and Zoning Commission
Reviews zoning applications, conducts required public hearings, makes recommendations to the Board of County Commissioners, and performs duties under the ordinance.
- Ramsey County Zoning Administrator
Interprets and enforces the zoning ordinance, processes applications, issues required permits, and administers specified provisions.
Restrictions & requirementsHide restrictions & requirements23
Data centers are listed only as a conditional use in the Industrial District; uses not listed as permitted or conditional are prohibited. A conditional use permit is therefore required unless the facility qualifies for the oil-and-gas-site exemption. Data centers are conditionally permitted in the Industrial District
The conditional-use process requires a public hearing before the Planning and Zoning Commission, a recommendation to the Board of County Commissioners, and final action by the Board. The Commission generally has 90 days to make its recommendation, and the Board generally has 60 days after receiving it to decide. No conditional use permit shall be issued until a public hearing has been held
A data-center application must include environmental reviews and permits, including wetland, archaeological, biological, and stormwater reviews, coordinated with specified state and federal agencies. Applicants shall fulfill all State and Federal requirements for environmental review and permitting
Applications must include a detailed project narrative describing market demand, processing capacity, and anticipated water and electricity needs. A narrative describing the proposed project
Applications must include a scaled site plan showing existing and proposed structures, screening, fencing, lighting, electrical connections, property lines, and roadway access. A Site Plan, drawn to scale
An acoustic study prepared by an acoustical engineer is required, including anticipated noise levels and proposed mitigation measures. An Acoustic Study
The application must include a map identifying all dwellings, schools, religious institutions, and public parks within one mile of the data-center property. A map of the project area
Before approval, the applicant must provide documentation showing compliance with applicable local, state, and federal requirements, including North Dakota electrical requirements. Copies of signed permits or other documentation
A signed electrical power-purchase agreement must be provided before the Board of County Commissioners may approve the conditional use permit. The application may be accepted without it, but approval cannot occur until it is submitted. No Conditional Use Permit may be approved
The Zoning Administrator may require additional studies, reports, certifications, or approvals, and an application may be rejected for failing to provide them. Other relevant studies, reports, certifications, or approvals
Data centers must be at least one mile from dwellings, schools, places of religious assembly, and parks, measured from the sensitive property's nearest property line to the data center's exterior property line. set back at least one (1) mile
A new data center must be at least three miles from any lawfully existing data center. set back at least three (3) miles
All data-center buildings and structures must comply with the maximum-height requirements of the applicable zoning district. meet the height requirements of the respective zoning district
Electrical wiring must be buried underground, except wiring brought together for interconnection to system components or the local utility grid, and all wiring must comply with North Dakota electrical rules. All electrical wiring shall be buried underground
A secured chain-link, solid-wood, or masonry fence at least six feet high must surround the entire facility perimeter and be maintained. at least six (6) feet in height
A landscaped buffer is required around the entire property, with vegetation tall enough to provide visual and sound screening; the Board of County Commissioners must approve the landscape plan. Landscaped buffers are required around the entire perimeter
Exterior lighting must be hooded and directed inward and downward away from exterior property lines. Exterior lighting shall be hooded and directed inward and downward
Adjacent exterior access roads must meet ordinance standards, road construction or improvements require approval from the Ramsey County Highway Superintendent or designee, and a road-maintenance agreement with the responsible government entity is required during installation, construction, or certain modifications. A road maintenance agreement
Interior roads must be reviewed by the Ramsey County Sheriff's Department and Devils Lake Rural Fire for emergency-service access. All interior roads serving the data center
A data center must provide a drainage plan addressing on-site stormwater management, erosion control, and reduction of runoff impacts on neighboring properties. A data center shall provide a drainage plan
The applicant and relevant property owners, occupants, lessees, or operators must sign a Development Agreement covering financial security, roads, storm drainage, erosion control, grading, drainage, reclamation, restoration, and other imposed conditions. must sign a Development Agreement
A reclamation bond is required for a data center. A Reclamation Bond is required
Data centers located solely on an oil-and-gas well site or underground gathering-pipeline facility are exempt only when they are subject to the North Dakota Industrial Commission's exclusive jurisdiction under NDCC Chapter 38-08 or a successor statute. Data centers which are solely located on an oil and gas well site
Benefits & exceptionsHide benefits & exceptions6
Data centers are listed as conditionally permitted uses in the Industrial District, making them eligible for approval there through the conditional-use process rather than prohibiting them outright.
Data centers located solely on an oil and gas well site or underground gathering pipeline facility are exempt from the data-center chapter when they are subject to the exclusive jurisdiction of the North Dakota Industrial Commission.
An application may be accepted without a signed electrical power purchase agreement, allowing the permitting process to begin before that agreement is available. However, the conditional-use permit cannot be approved until the signed agreement is provided.
Conditional-use permits are attached to the parcel, and their approved conditions transfer with a sale of the property unless the approval states otherwise. This provides permit continuity when the property changes ownership.
A lawfully existing nonconforming use may continue, and a change in tenancy, ownership, or management is allowed if the use remains continuous and does not change type or expand its nonconformity. Nonconforming structures may also be repaired or reconstructed when repair costs are less than 50 percent of the property's assessed value.
New data centers must be at least three miles from any lawfully existing data center, providing an existing data center with a defined separation from later data-center development.
Sources
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