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The Data Center Divide

Grant County

Anti-Data Center Policies

Grant County allows data centers with conditional approval, but siting, noise, utility, and water-use requirements may make projects harder and more costly to approve.

current law · Unincorporated areas
Grant County, South Dakota, adopted this data-center-specific zoning amendment December 6, 2022, effective January 3, 2023.Grant County Ordinance 2022-01B (2022)

What this means

Data centers could still be built, but they would need conditional approval and face siting, noise, utility, and water-use requirements. Together, these rules could make finding a suitable site and getting a project approved significantly harder and more costly.

People behind it

  • Reviewed proposed amendments to Ordinance 2026-01 and voted to send them to the County Commission.

  • Enacted and adopted Ordinance 2022-01B.

Restrictions & requirementsHide restrictions & requirements18
  • The proposal caps water use at 0.05 gallons per kilowatt-hour.

  • Data centers must use closed-loop systems and comply with site drainage-management requirements.

  • Permit applications must include a water-efficiency plan and demonstrate that water is available.

  • Facilities must monitor and report as required and maintain an emergency operations plan.

  • The ordinance requires financial assurances under state legislation, and state discharge permits are required.

  • Data processing centers are conditional uses in the Agriculture District and require conditional-use approval.

  • The entire facility perimeter must have a six-foot sight-obscuring fence.

  • Electrical generators must be screened by a solid concrete or equivalent sound-absorbing wall at least four feet taller than the tallest generator, unless an approved noise-mitigation plan allows the requirement to be reduced or waived.

  • Facilities must provide buffer yards at least 50 feet wide along side and rear boundaries and 150 feet wide along the front.

  • Equipment and structures are subject to setbacks of 50 feet from property boundaries and/or 1,320 feet from churches, schools, or residences.

  • A grid-connected center cannot receive a permit without utility approval and written verification of adequate capacity, properly sized and safe equipment, and no electrical interference or voltage fluctuations; off-grid systems are exempt.

  • A center within 1,320 feet of a residence, church, or school must submit a detailed noise-mitigation plan; the county may require independent verification or additional measurements.

  • Noise at an occupied residence, church, or government building may not exceed 55 dBA, or 45 dBA from 10 p.m. to 7 a.m., after applicable adjustments. It may exceed the limit by up to 5 dBA for 15 minutes, 10 dBA for 5 minutes, or 15 dBA for 1.5 minutes in any one-hour period.

  • Perimeter-fence signs are prohibited except for one sign of no more than 32 square feet showing the facility name, address, and emergency contact information, plus appropriate warning signs.

  • Facilities must meet the current International Building Code, and electrical wiring must be underground except where brought together for interconnection to system components or the local utility grid.

  • Cargo containers, railroad cars, semi-truck trailers, and similar storage containers may not be used for operational components.

  • Roads must be wide enough for emergency-vehicle access as determined by the Grant County Emergency Management Director.

  • Permit submissions must include a project narrative, a detailed site plan showing specified features and nearby churches, schools, and residences within 1,320 feet, an acoustical-engineer study, owner and operator signatures, and any other reasonably requested studies, reports, certifications, or approvals.

Benefits & exceptionsHide benefits & exceptions4
  • Data processing centers may be considered for siting in the Agriculture District as a conditional use, subject to conditional-use approval.

  • The definition of a data processing center includes supporting equipment and infrastructure, such as generators, air handlers, water-cooling and storage facilities, utility substations, and other utility infrastructure.

  • Off-grid data processing centers do not have to provide utility-provider approval before receiving a permit; grid-connected centers must provide that evidence.

  • Noise limits may be exceeded briefly during any one-hour period: by up to 5 dBA for 15 minutes, 10 dBA for 5 minutes, or 15 dBA for 1.5 minutes.

Sources

Specific to Grant County only.

pending · Unincorporated areas
This proposed county amendment would add or revise data-center-specific requirements concerning water use, noise, setbacks, financial assurance, storage, and decommissioning.Grant County Ordinance 2026-01 (2026)

What this means

The measure would make data centers harder to build and operate through siting setbacks, utility approval, noise limits, and added studies. Larger facilities would also face strict water rules, while decommissioning bonds could add costs; these are significant barriers, but not a ban.

People behind it

  • Adopted, enacted, and ordained the amendment to the county zoning ordinance.

  • Administers and enforces the county zoning ordinance.

Restrictions & requirementsHide restrictions & requirements25
  • Data processing centers must install a six-foot sight-obscuring fence around the entire facility perimeter.

  • Generators must be enclosed by a solid concrete or equivalent sound-absorbing wall extending at least four feet above the highest generator, unless an approved noise-mitigation plan supports reducing or eliminating the enclosure.

  • Facilities must provide buffer yards of at least 50 feet along side and rear property lines and 150 feet along the front property line.

  • Equipment and structures must be at least 50 feet from the facility property boundary and/or 1,320 feet from any church, school, or residence.

  • A grid-connected facility cannot receive a permit until the operator provides written utility verification of adequate capacity, appropriately sized infrastructure, safety, and compliance with electrical-interference and voltage requirements; off-grid systems are exempt.

  • Facilities within 1,320 feet of a residence, church, or school must submit a detailed noise-mitigation plan with specified measurements, sound-source information, mitigation methods, technical details, and certification.

  • The county may require additional or independently verified noise measurements.

  • Noise may not exceed 55 dBA during the day or 45 dBA from 10:00 p.m. to 7:00 a.m., measured 25 feet from an occupied residence, church, or government building, subject to limited one-hour exceedances of 5 dBA for 15 minutes, 10 dBA for 5 minutes, or 15 dBA for 1.5 minutes.

  • Perimeter-fence signage is prohibited except for one sign no larger than 32 square feet showing the facility name, address, emergency contact information, and appropriate warnings.

  • Facilities must comply with the current International Building Code, and electrical wiring must generally be installed underground except at equipment or utility-grid interconnections.

  • Cargo containers, railroad cars, semi-truck trailers, and similar storage containers may not be used for any component of the operation.

  • Access roads must be wide enough for emergency vehicles as determined by the Grant County Emergency Management Director.

  • Applicants must submit a project narrative, detailed site plan, qualified acoustical engineer's study, any additional studies or approvals requested by the county, and signatures from the property owner and facility owner or operator.

  • Water-use requirements apply to new construction, expansions, and substantial modifications exceeding 10 megawatts of IT load.

  • Covered facilities must submit a Water Efficiency Plan addressing annual and peak demand, cooling-system water consumption, and measures to reduce potable-water use.

  • Covered facilities must maintain a maximum annual Water Usage Effectiveness of 0.05 gallons per kilowatt-hour.

  • At least 50 percent of water used for cooling and mechanical systems must come from non-potable sources unless infeasible because of public-health or technical constraints.

  • Facilities must minimize potable-water use, comply with drought restrictions, and demonstrate operational adjustments during reduced water availability; potable water for cooling may be restricted during drought or emergency conditions.

  • Covered facilities must have either dual independent water-supply connections or on-site storage sufficient to maintain critical cooling operations for 24 to 72 hours at peak load.

  • Operators must install meters that separately measure total facility water use, cooling-system water use, and potable versus non-potable sources.

  • Operators must submit annual county reports covering water consumption, calculated Water Usage Effectiveness, water sources, and water-reduction measures.

  • Facilities must maintain safe operating temperatures during water interruptions through air-cooled backup systems, thermal storage, or equivalent approved technology.

  • Applicants must submit an Emergency Water Supply and Cooling Plan addressing water interruptions, load shedding or operational scaling, and coordination with utilities and emergency management.

  • Approval may be conditioned on demonstrating long-term water availability, submitting a water-conservation plan, and providing financial assurance for water-supply infrastructure impacts.

  • The Board of Adjustment may modify water requirements only if the applicant demonstrates equivalent or superior water efficiency and no increased burden on municipal infrastructure or water resources.

Benefits & exceptionsHide benefits & exceptions8
  • Off-grid data processing centers are exempt from obtaining written approval or verification from the applicable electric utility provider before receiving a permit. Off-grid systems shall be exempt

  • The generator-enclosure requirement may be reduced or eliminated if the applicant submits a noise-mitigation plan demonstrating that applicable sound limits will be met. The enclosure requirement may be reduced or eliminated

  • A special noise-mitigation plan is required only for proposed data processing centers within one-quarter mile (1,320 feet) of a residence, church, or school, so facilities farther away avoid that requirement. located within one-quarter mile (1,320 feet)

  • Noise limits may temporarily be exceeded by 5 dBA for 15 minutes per hour, 10 dBA for 5 minutes per hour, or 15 dBA for 1.5 minutes per hour. The above limits may be exceeded

  • The water-use and redundancy requirements apply only to new construction, expansions, or substantial modifications exceeding 10 megawatts of IT load; projects at or below that threshold are outside the section's applicability. exceeding ten (10) megawatts of IT load

  • Water-resilience requirements may be met through either dual independent water connections or on-site storage sufficient for 24 to 72 hours of peak-load cooling, and backup cooling may use air-cooled, thermal-storage, or equivalent technologies. Dual independent water supply connections

  • The requirement that at least 50% of cooling and mechanical-system water come from non-potable sources does not apply when infeasible because of public-health or technical constraints. unless infeasible due to public health or technical constraints

  • The Board of Adjustment may modify the water requirements if the applicant demonstrates equivalent or superior water efficiency without increasing the burden on municipal infrastructure or water resources. The Board of Adjustment may grant modifications

Sources

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