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The Data Center Divide

Brown County

Anti-Data Center Policies

Brown County requires data centers to obtain permits, meet zoning and generally one-mile setback rules, and satisfy noise, utility, wiring, and road requirements, creating significant barriers.

current law · County measure: Areas under Brown County Title 4 zoning jurisdiction: unincorporated areas excluding joint-jurisdiction areas within 1 mile of Groton, 1 mile of Hecla, 0.5 mile of Frederick, and 1.5 miles of Warner; and the incorporated communities of Claremont, Columbia, Verdon, and Stratford
Establishes zoning regulations for data centers in Brown County, including facilities supporting electronic data processing and activities such as cryptocurrency mining, with the stated aim of protecting public health, safety, quality of life, noise conditions, infrastructure, and community interests.Brown County Ordinance #303 (2025)

What this means

The ordinance creates significant hurdles: data centers need conditional-use and building permits, are limited to two zoning districts, and generally must be one mile from sensitive properties. Noise studies and limits, utility approval, underground wiring, and road agreements add costs and review. A reduced setback may be allowed, but only under conditions, so the overall effect is a significant barrier to development and expansion.

People behind it

  • Moved approval of Ordinance #303’s first reading and later moved its adoption (moved to approve the First Reading).

Restrictions & requirementsHide restrictions & requirements12
  • A Conditional Use Permit and Brown County building permit are required to construct or install a data center, or to modify an existing one beyond routine maintenance. Data centers may be permitted only in Heavy Industrial or Agricultural Preservation districts, with a Conditional Use Petition. permits and zoning districts

  • Data centers must generally be at least one mile from sensitive properties, including dwellings, schools, religious institutions, and public parks. The Planning/Zoning Commission may consider reducing the distance to no less than one-half mile if an engineered stamped design shows noise below 75 dBA at the relevant property lines. one-mile separation and reduced setback

  • The facility must have a maintained, secured chain-link, solid wood, or masonry fence at least six feet high around its entire perimeter. security fencing

  • All electrical generators must be enclosed behind a solid concrete or equivalent sound-absorbing wall at least four feet higher than the generator’s highest point. noise reduction walls

  • Structures and equipment must meet the setbacks of their zoning district, and electrical wiring must be buried underground except at system or utility-grid interconnections. setbacks and buried wiring

  • Exterior road construction or improvements require approval from the government entity with jurisdiction. A haul-road maintenance agreement is required during installation, construction, or qualifying modifications; interior roads are reviewed by County Emergency Management and local emergency responders for emergency access. road approval and maintenance requirements

  • Cargo containers, railroad cars, semi-truck trailers, and similar storage containers are prohibited for any component of the operation. prohibited storage containers

  • Perimeter-fence signage is limited to one sign of no more than 32 square feet, displaying the facility name, address, emergency contact information, and appropriate warnings. signage limit

  • A grid-connected facility cannot receive a permit until the operator provides utility-provider approval and written verification of adequate system capacity, properly sized equipment, and no harmful electrical interference or voltage fluctuations. Off-grid systems are exempt. utility approval and verification

  • For projects seeking a reduced setback within one mile of sensitive properties, a noise mitigation plan is required. Noise at an occupied residence, church, or government building is limited to 55 dBA, or 45 dBA from 10 p.m. to 7 a.m.; limited exceedances are allowed for up to 15 minutes per hour at 5 dBA, 5 minutes at 10 dBA, or 1.5 minutes at 15 dBA. The County may require independent verification or additional measurements. noise plan and limits

  • Permit applications must include an acoustic-engineer study of anticipated noise and mitigation, a scaled site plan, a map of sensitive properties within one mile, and documentation of compliance with applicable state and federal requirements. application submittal requirements

  • Conditional Use Petition and building-permit application fees apply; the amounts are set annually by the Board of County Commissioners. annual application fees

Benefits & exceptionsHide benefits & exceptions2
  • Data centers are eligible for conditional-use approval in the Heavy Industrial and Agricultural Preservation districts, creating a defined route to build there, subject to a conditional use petition and Brown County building permit. “may only be permitted”

  • The standard one-mile separation from sensitive properties may be reduced, but not below one-half mile, if an engineered stamped design shows noise below 75 dBA and the planning and zoning commission considers the request. “may be reduced to not less than one-half”

Sources

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