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The Data Center Divide

Spink County

Anti-Data Center Policies

Spink County requires permits and conditional-use approval for data centers, generally keeping them half a mile from homes and listed places and requiring utility sign-off and additional planning.

current law · County measure
This amendment adds a data-processing-center definition to Spink County’s zoning ordinance and supports the county’s separate data-center-specific regulatory chapter.Spink County Ordinance Title 17.02 — Definitions amendment for Data Centers (2026)

What this means

The ordinance would make data center projects significantly harder: new construction and major modifications require permits, and sites generally must be at least half a mile from homes and other listed places. Utility approval and detailed noise, water-runoff, and site information add cost and work, though the ordinance does not ban data centers.

People behind it

  • Recommended approval of the data-center ordinance and related zoning-definition revisions.

  • Recommended approval of the data-center ordinance and related zoning-definition revisions.

  • Introduced, considered, and adopted Ordinance Title 17.30 and the revisions to Title 17.02.

Restrictions & requirementsHide restrictions & requirements16
  • Construction, installation, or modification of a data center beyond routine maintenance requires both a Conditional Use Permit in permitted-use areas and a Spink County building permit; data centers are authorized only as a conditional use in the Agricultural District and as a permitted accessory use in the Highway Commercial District, subject to Chapter 17.30. Conditional Use Permit and building permit requirements

  • A data center and all related equipment and structures must be at least one-half mile, or 2,640 feet, from dwellings, schools, churches, other similar religious institutions, and public parks, measured from the nearest property line. A waiver or variance may be requested only with an engineered, stamped design showing noise below 75 dBA at the data center's nearest adjacent property line. One-half-mile setback

  • 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, unless a compliant noise-mitigation plan demonstrates that peak sound levels will not exceed the ordinance limits. Generator enclosure requirement

  • The entire facility perimeter must have a secured chain-link, solid wood, or masonry fence at least six feet high, and the perimeter must be screened from adjoining properties with buffer yards meeting the district's required distances. Security fencing and buffer-yard requirements

  • A grid-connected data center cannot receive a permit until the operator provides written approval from the electric utility confirming adequate capacity, properly sized and safe supply equipment, and no electrical interference or voltage fluctuations. Off-grid systems are exempt from this notification requirement. Utility approval requirement

  • Applicants must submit a detailed noise-mitigation plan identifying measurement personnel and equipment, measurement locations, sound sources, peak and continuous sound levels, frequencies, mitigation methods, and a certification of accuracy; the county may require independent verification or additional measurements. Noise-mitigation plan requirements

  • Noise from the facility may not exceed 55 dBA at occupied residences, churches, or government buildings during the day, or 45 dBA between 10:00 p.m. and 7:00 a.m., subject to limited exceedances of 5 dBA for 15 minutes, 10 dBA for 5 minutes, or 15 dBA for 1.5 minutes in any one-hour period. Noise limits and limited exceedances

  • Perimeter signage is prohibited except for one sign no larger than 32 square feet displaying the facility's name, address, emergency contact information, and appropriate warnings. Signage limitation

  • Facilities must comply with the current International Building Code, and electrical wiring must generally be underground except where wiring is brought together for connections to system components or the local utility grid. Structural and wiring requirements

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

  • All access roads must be wide enough for emergency vehicles, as determined by the County Emergency Management Director. Emergency-access requirement

  • Within 120 days after construction is completed, the permittee must submit a decommissioning plan describing anticipated removal and restoration work and how it will maintain the financial capability to perform those obligations. 120-day decommissioning-plan deadline

  • Decommissioning must begin within eight months after permit expiration or earlier termination and be completed within 18 months. The owner or operator must remove generators, transformers, cables, foundations, buildings, and ancillary equipment to a depth of four feet, restore the site's topography and topsoil as far as possible, and remove access roads unless the affected landowner agrees in writing that roads may remain. Decommissioning and restoration deadlines

  • After the provision's stated operating period—written inconsistently as the 'tenth (5th) year'—the Board may require a performance bond, surety bond, letter of credit, corporate guarantee, or other acceptable financial assurance to cover anticipated decommissioning costs. Financial-assurance provision

  • Permit applications must include project and operator information, a project narrative addressing demand, processing capacity, water and electricity needs, an acoustical-engineer study, a certified-engineer runoff plan, a scaled site plan, a map of specified sensitive uses within one-half mile, and any other studies or approvals reasonably requested by the county. Application-submittal requirements

  • Owners or operators must notify the county of data centers abandoned before the end of operations, and the county may require the abandoned facilities to be decommissioned. Abandoned-data-center requirement

Benefits & exceptionsHide benefits & exceptions6
  • Data processing centers are allowed as conditional uses in the Agricultural District, provided they meet Chapter 17.30 requirements. (Data Processing Center)

  • Data processing centers are allowed as accessory uses in the Highway Commercial District, provided they meet Chapter 17.30 requirements. (Data Processing Center)

  • Off-grid data centers are exempt from the requirement to provide utility-provider approval before receiving a permit. (Off-grid systems)

  • The required generator sound wall may be reduced or eliminated if a noise-mitigation plan demonstrates that peak sound levels comply with the ordinance. (This requirement may be reduced or eliminated)

  • The one-half-mile setback from dwellings, schools, religious institutions, and public parks may be waived if an engineered, stamped design shows noise below 75 dBA at the data center’s nearest property line and the Planning and Zoning Board grants the waiver or variance. (Waiver from distance/Variance)

  • The Board of Adjustment may defer to South Dakota state decommissioning requirements if the state imposes them, potentially preventing duplicative county requirements. (may defer to the State of South Dakota)

Sources

current law · County measure: Unincorporated areas of Spink County
This ordinance specifically regulates data-processing centers in Spink County and affects data-center owners, developers, operators, and associated infrastructure providers.Spink County Ordinance Title 17.30 — Data Centers (2026)

What this means

The ordinance would create significant barriers: data centers need conditional-use approval and must generally stay one-half mile from homes and other listed places. Noise limits, utility sign-off, and cleanup planning add further work and cost, though the ordinance does not ban data centers outright.

People behind it

  • Recommended approval of and participated in preparing the data-center zoning amendments.

  • Recommended approval of the proposed data-center ordinance to the County Commission.

  • Moved to recommend approval of the proposed Data Center Ordinance to the County Commission.

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  • Seconded the motion recommending approval of the proposed Data Center Ordinance.

  • Introduced and adopted Ordinance Title 17.30 and the related Title 17.02 definition revisions.

Restrictions & requirementsHide restrictions & requirements17
  • Data centers are allowed only through the specified zoning pathways: as a conditional use in the Agricultural District or a permitted accessory use in the Highway Commercial District, and they must satisfy Chapter 17.3 requirements. (Agricultural and Highway Commercial zoning provisions)

  • Construction, installation, or modification beyond routine maintenance requires both a Conditional Use Permit and a Spink County building permit. (Conditional Use Permit and building-permit requirement)

  • Data centers and all related equipment and structures must be at least one-half mile, or 2,640 feet, from residences, schools, religious institutions, and public parks, measured from the nearest property line. (one-half-mile setback requirement)

  • The setback may be waived only if an engineered, stamped design demonstrates noise below 75 dBA at the data center's nearest property line and the design is submitted to the Planning and Zoning Board for a waiver or variance. (setback waiver threshold)

  • Electrical generators must be enclosed behind a solid concrete or equivalent sound-absorbing wall at least four feet higher than the highest point of the generator, unless an approved noise mitigation plan justifies reducing or eliminating the wall. (generator enclosure requirement)

  • A secured chain-link, solid wood, or masonry fence at least six feet high must surround the entire facility, and the facility perimeter must be screened by buffer yards meeting the applicable district's yard requirements. (fencing and buffer-yard requirements)

  • A grid-connected data center cannot receive a permit without written approval from the electric utility confirming adequate capacity, appropriately sized and safe infrastructure, and no harmful electrical interference or voltage fluctuations. Off-grid systems are exempt from this utility-approval requirement. (utility approval requirements)

  • Every proposed data center must submit a detailed noise mitigation plan identifying measurement personnel, equipment, measurement locations, sound sources, peak and continuous levels, frequencies, mitigation methods, and a certification of accuracy; the county may require independent verification or additional measurements. (noise-plan submission requirements)

  • Noise from the facility may not exceed 55 dBA at occupied residences, churches, or government buildings, or 45 dBA between 10:00 p.m. and 7:00 a.m., subject to limited exceedances of 5 dBA for 15 minutes, 10 dBA for 5 minutes, or 15 dBA for 1.5 minutes in any one-hour period. (noise limits and limited exceedances)

  • Perimeter-fence signage is prohibited except for one sign of no more than 32 square feet showing the facility's name, address, emergency contact information, and appropriate warnings. (signage restriction)

  • Facilities must comply with the current International Building Code, place electrical wiring underground except at specified interconnection points, and may not use cargo containers, railroad cars, semi-truck trailers, or similar containers for any operational component. (structural and equipment restrictions)

  • All access roads must be wide enough for emergency vehicles, as determined by the County Emergency Management Director. (emergency-access requirement)

  • Within 120 days after construction is completed, the permittee must submit a decommissioning plan explaining restoration measures and financial capability to perform them. (120-day decommissioning-plan deadline)

  • Decommissioning must begin within eight months after permit expiration or earlier termination and be completed within 18 months; the owner or operator must remove specified equipment, buildings, foundations, and infrastructure to a depth of four feet, restore the site where possible, and remove access roads unless the affected landowner requests their retention in writing. (decommissioning and restoration deadlines)

  • The owner or operator bears all decommissioning costs, and the Board may require a performance bond, surety bond, letter of credit, corporate guarantee, or other acceptable financial assurance after the ordinance's stated 'tenth (10th) fifth (5th) year' of operation. (cost responsibility and financial-assurance provision)

  • If a data center is abandoned before termination of operations, the permittee must notify the county, which may require decommissioning. (abandoned-data-center provision)

  • Applications must identify the applicant, property owner, occupant or lessee, and operator; describe market demand, processing capacity, and anticipated water and electricity use; and include acoustical, runoff, site-plan, and proximity-map documentation, along with any other studies or approvals reasonably requested by the county. (application submittal requirements)

Benefits & exceptionsHide benefits & exceptions7
  • Data processing centers are expressly allowed as conditional uses in the Agricultural District, provided they comply with Chapter 17.3. Agricultural District conditional-use authorization

  • Data processing centers are expressly allowed as permitted accessory uses in the Highway Commercial District, provided they comply with Chapter 17.3. Highway Commercial District authorization

  • A lawfully existing data center may undergo routine maintenance without the conditional-use and building-permit requirements that apply to construction or modifications beyond routine maintenance. routine maintenance

  • The required generator sound wall may be reduced or eliminated if a noise-mitigation plan demonstrates that peak sound levels do not exceed the ordinance’s limits. generator-wall exception

  • The one-half-mile setback from residences, schools, religious institutions, and public parks may be waived or varied when an engineered, stamped design shows noise below 75 dBA at the relevant adjacent property line and the P&Z Board approves the request. setback waiver

  • Off-grid data centers are exempt from the requirement to obtain electrical-utility-provider approval before receiving a permit. off-grid exemption

  • The noise rules allow limited exceedances of the applicable 55 dBA daytime and 45 dBA nighttime limits: up to 5 dBA for 15 minutes, 10 dBA for 5 minutes, or 15 dBA for 1.5 minutes in an hour. limited noise exceedances

Sources

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