Yankton County
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Slightly Anti-Data Center Policies
Yankton County’s enacted measure creates a six-month pause on permits for data centers and Bitcoin-mining facilities over 250 kW, hindering construction or expansion. It does not stop existing facilities from operating or cover facilities at or below 250 kW.
Rating from South Dakota statewide as there are no scored current or future laws outside temporary restrictions for Yankton County.
Specific to Yankton County only.
current law · County measureThis resolution establishes a six-month moratorium on accepting applications or issuing building, planning, zoning, rezoning, or use permits for data centers and Bitcoin-mining facilities exceeding 250 kW in Yankton County.Yankton County Resolution No. 26-7 Data Center Moratorium (2026)
What this means
The measure would stop Yankton County from accepting or issuing building, use, zoning, or rezoning permits for data centers and Bitcoin-mining facilities over 250 kW during a six-month moratorium. That is a major temporary obstacle to building or expanding covered facilities, although it does not prohibit existing data centers from operating and does not cover facilities at or below 250 kW.
Timing
- Ends
- six (6) consecutive months from the date it becomes effective
The moratorium applies to applications and permits for data centers or Bitcoin mining facilities exceeding 250 kW. It may be extended by further action of the Board. Other legally permitted uses and public utility structures not specifically addressed may continue.
People behind it
- Yankton County Commission
Adopted and administered Resolution No. 26-7 establishing the six-month moratorium.
- Commissioner Ryan Heine
Presented the proposed data-center moratorium to the County Commission.
- Commissioner Wanda Howey-Fox
Co-sponsored the motion to publish the proposed moratorium for consideration.
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- Commissioner Don Kettering
Co-sponsored the motion to publish the proposed moratorium for consideration.
- John Marquardt
Yankton County Commission chairman and signatory to the adopted resolution.
- Yankton County Planning and Zoning Commission
Directed to develop ordinance guidelines and consider amendments governing data centers.
Restrictions & requirementsHide restrictions & requirements2
A six-month moratorium bars Yankton County from accepting applications for, or issuing, building, use, zoning, or rezoning permits for data centers or Bitcoin mining facilities exceeding 250 kW. The restriction applies upon the resolution’s effective date and does not cover other legally permitted uses, including public utility structures not specifically addressed. No application ... shall be accepted
The moratorium lasts six consecutive months and may be extended by further action of the County Board while zoning or code amendments are considered. effective for a period of six (6) consecutive months
Benefits & exceptionsHide benefits & exceptions3
Facilities with a power capacity of 250 kW or less are outside the moratorium, which applies only to data centers and Bitcoin mining facilities exceeding 250 kW.
The moratorium does not affect applications or permitting for other legally permitted uses, including public utility structures not specifically addressed by the resolution.
The moratorium lasts six consecutive months from its effective date, unless the Board takes further action to extend it, rather than imposing a permanent restriction.
Sources
Specific to Yankton County only.
pending · Unincorporated areasThis proposed ordinance would regulate data processing centers of up to 25 MW and prohibit facilities exceeding 25 MW in Yankton County.Yankton County Article 30 Data Processing Centers Ordinance (Proposed, 2026)
What this means
The measure would ban data centers over 25 MW and require smaller ones to get a conditional use permit, meet strict noise limits and setbacks, and provide utility, water, and other plans (facilities over 25 MW are prohibited). These limits and requirements would make building and operating a data center substantially harder, even though smaller projects could still apply.
People behind it
- Concerned Voters of Yankton County
Submitted the initiative petition proposing that Article 30—Data Centers be added to the Yankton County Zoning Ordinance.
- Julie Auch
Representative of the Concerned Voters of Yankton County and the person who submitted the initiative petition on behalf of 1,342 registered county voters.
Restrictions & requirementsHide restrictions & requirements29
Data centers larger than 25 MW are prohibited.
Construction, installation, or modification of a lawfully existing data center beyond routine maintenance requires a Conditional Use Permit, and data centers may be permitted only in commercial or agricultural districts.
In agricultural districts, the data center and all associated equipment and structures must be at least 1/3 mile (1,760 feet) from residences, schools, religious institutions, and public parks, unless the affected property owner grants a waiver.
Commercial-district projects must comply with the applicable zoning-district setbacks and the Article 30 noise requirements.
A data center may not be owned, operated, managed, leased, or otherwise controlled in whole or in part by a foreign entity, foreign government, foreign person, or other prohibited entity defined by SDCL 43-2A-1(5).
Diesel generators must meet Tier 4 standards, demonstrate compliance with the applicable sound limits, and identify their fuel and enclosure type.
Applicants must submit perimeter or security-fencing plans, a detailed lighting plan, and full-cutoff outdoor lighting that prevents upward or adverse light spill onto adjoining property.
Sidewall height may not exceed 40 feet, and agricultural-district projects must provide a screening and buffering plan.
A grid-connected data center cannot receive a permit until the electrical utility confirms adequate capacity, sufficient and safe infrastructure, no harmful electrical interference or voltage fluctuations, and the proposed power-delivery method.
Applicants must submit a comprehensive water study identifying water sources and showing that the project will not deplete local groundwater or disrupt existing users; connections to existing water systems also require documentation of sufficient provider capacity.
Noise may not exceed 55 dB(A) during the daytime or 45 dB(A) at night at the nearest property line. Commercial parcels may receive an exception if testing confirms the noise does not exceed adjacent operations.
Applicants must provide licensed-engineer pre-construction sound modeling and a noise-mitigation plan identifying sound sources, predicted boundary noise, and dB(C) levels relative to background noise.
Within 90 days after operations begin, the operator must provide licensed-engineer post-construction field tests verifying noise compliance while emergency generators operate at full capacity; the County may require independent testing at the owner's expense.
Perimeter-fence signage is prohibited except for one sign of no more than 32 square feet containing the facility's name, address, emergency contact information, and appropriate warnings.
Facilities must comply with the latest International Building Code, and electrical wiring must generally be underground except at interconnections to system components or the local utility grid.
All structures must be permanently affixed to a foundation or the ground.
Cargo containers, railroad cars, semi-truck trailers, and similar storage containers may not be used for long-term storage exceeding 90 days.
Applicants must obtain written approval from the County Emergency Management Director confirming that access roads can accommodate emergency vehicles.
Before construction, permittees must identify proposed state, county, or township haul roads, notify the responsible governmental body, allow road inspection, use existing and all-weather roads where practical, and arrange for maintenance and repair of roads subject to construction-related wear.
Before ground disturbance, applicants must submit an emergency response plan covering specified natural, fire, security, transmission, environmental, chemical, pipeline, and medical contingencies, including evacuation routes and staging areas; battery-storage facilities require a separate battery-response section coordinated with first responders and County Emergency Management.
All data centers must submit a Waste Stream Management Plan addressing liquid waste, solid waste, electronic waste, hazardous materials, packaging, cooling by-products, equipment replacement materials, wastewater, and stormwater.
Private wastewater systems require a wastewater feasibility study approved by the appropriate state agencies, and untreated wastewater may not be discharged to stormwater systems or surface waters.
Plans for equipment decommissioning must provide safe removal or recycling of servers, hazardous materials, batteries, and electronic waste; battery or other energy-storage systems must comply with NFPA 855 or similar standards and include battery-specific fire suppression.
Applicants are financially responsible for decommissioning and must provide County-approved financial security. Beginning one year after construction starts, 20% of estimated decommissioning costs must be secured, followed by annual 20% additions until fully funded.
A third-party certified professional engineer must prepare the decommissioning and reclamation plan, and decommissioning must begin within eight months after permit expiration or earlier termination and be completed within 18 months.
Decommissioning plans must address timelines, equipment removal, hazardous-material handling, site remediation, groundwater and soil testing, restoration and revegetation, regulatory compliance, and progress and final reporting.
Decommissioning costs and financial assurance must be updated every five years by a third-party certified engineer at the owner's expense.
Conditional Use Permit applications must identify the applicant, property owner, occupant or lessee, and operator, and none may be a prohibited entity.
Applications must include a project narrative, scaled site plan, a one-mile map of nearby residences, schools, religious institutions, and parks, utility verification and studies, sound modeling, signage and road-use approvals, emergency and waste plans, and the decommissioning plan and financial instrument; the County may also require additional relevant studies, reports, certifications, and approvals.
Benefits & exceptionsHide benefits & exceptions8
Data centers are expressly allowed in commercial and agricultural zoning districts through a Conditional Use Permit, subject to the ordinance’s requirements.
Facilities may operate at up to 25 MW; only data centers exceeding 25 MW are prohibited.
In agricultural districts, the required 1,760-foot setback from homes, schools, churches, religious institutions, and public parks may be waived with a waiver from the affected property owner.
Grid-connected facilities must obtain utility approval, but off-grid data centers are exempt from that utility-verification requirement.
Commercially zoned data centers may receive an exception to the noise limit if testing confirms that their noise does not exceed adjacent operations.
Routine maintenance of a lawfully existing data center does not require a Conditional Use Permit; only modifications beyond routine maintenance require one.
Decommissioning financial assurance is phased in rather than required immediately in full: 20% of estimated costs is due one year after construction begins, followed by annual 20% additions until fully funded.
Applicants may redact confidential or proprietary information from emergency-response-plan submissions.
Sources
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