A temporary moratorium bars Benton County from accepting, approving, issuing, executing, authorizing, or extending County Actions that would authorize, materially facilitate, or materially support a new Covered Facility or expansion of an existing Covered Facility in the unincorporated areas. Covered Actions include certain subdivision filings, road or right-of-way approvals, utility commitments or extensions, infrastructure support, letters of support, certifications, and similar county instruments.

The moratorium applies to data centers with at least 1 MW of aggregate installed electrical demand, a dedicated substation or transformer rated at least 500 kVA, backup generation of at least 500 kW, or at least 10,000 square feet devoted primarily to computing infrastructure.

The moratorium applies to cryptocurrency-mining facilities meeting any listed threshold, including at least 500 kW of installed electrical demand, dedicated substation, transformer, or backup-generation infrastructure, or operation averaging more than 16 hours per day during a 30-day period.

The moratorium applies to other high-density computing operations meeting specified thresholds, including at least 1 MW of electrical demand, a 500 kVA-or-greater dedicated substation or transformer, backup generation of at least 500 kW, or operation averaging more than 16 hours per day together with heat output exceeding 1,000,000 BTUs per hour.

A project can be treated as covered when its submitted materials expressly propose a Covered Facility, when site or utility documents show that the thresholds are met, or when the County Mayor issues a written determination based on substantial evidence that the project meets the thresholds.

The moratorium lasts for 12 months from its effective date, which is 12:01 a.m. on the first business day after passage and filing with the County Clerk. The Board may extend it once for up to six additional months, but only after updated written findings, a public status report, and findings that the study is ongoing, additional time is necessary, and continuation remains reasonably necessary.

The County Mayor serves as the initial administrative officer for determining whether a proposal is a Covered Facility, whether the requested County Action is subject to the moratorium, and whether an exemption or waiver applies. A written determination is due within 10 business days after a complete submission.

An applicant adversely affected by an administrative determination must file a written appeal with the County Clerk within 10 business days. Hardship-waiver requests that are not administratively rejected must be scheduled for Board consideration.

A hardship waiver is available only if substantial evidence shows that the activity will not materially exceed available utility, road, emergency-service, or other infrastructure capacity; will not create specified off-site nuisance impacts; and that denial would impose an extraordinary hardship unique to the applicant or property.

Requests for County Actions submitted in violation of the moratorium may be returned, deferred, tabled, or declined, and the County may pursue administrative, civil, equitable, or injunctive remedies.

The measure does not apply to projects lawfully vested before the effective date, legally established facilities fully constructed and operating before that date without specified expansions, matters formally accepted as complete before that date, routine maintenance or replacement in kind without material increases in capacity or impacts, or emergency and legally required work.

The measure does not create a criminal prohibition on activity independent of a required County Action and does not itself create a new county permit, zoning district, building-inspection office, or other regulatory structure where none exists.

The moratorium applies only to unincorporated areas of Benton County, so facilities in incorporated areas are outside its scope. the unincorporated areas of Benton County

Facilities or projects that were lawfully vested before the effective date are exempt, provided the applicant supplies substantial evidence establishing vested-rights status. shall not apply to any project or application that was lawfully vested

A legally established facility that was fully constructed and operating before the effective date may continue operating without the moratorium applying, so long as it does not expand beyond its lawful physical footprint, approved utility demand, structure height, or operational intensity. Lawfully Existing Facilities

A county action is grandfathered if it was already obtained, or if a complete application had been formally accepted before the effective date, provided the project is not materially changed or expanded. Grandfathered County Matters

Routine maintenance, in-kind replacement, and interior renovation of an existing lawful facility are exempt when they do not materially increase computing capacity or off-site impacts such as noise, heat, or utility demand. Routine Maintenance and Repairs

The County Commission may grant a hardship waiver, allowing a covered project or activity to proceed if it will not materially exceed available infrastructure capacity, will not create specified off-site nuisances, and denial would cause an extraordinary hardship unique to the applicant or property. Limited Hardship Waiver

The measure does not create a new county permit, zoning, building-inspection, or codes-enforcement system, and it does not criminalize otherwise lawful activity that does not require a county action. No New Permit Regime

The measure is not intended to eliminate all economically beneficial use of a parcel during the moratorium period. avoid any interpretation that would eliminate all economically beneficial use

Applicants may appeal a written determination about coverage, exemptions, or waiver eligibility to the County Commission within ten business days, and the Commission may affirm, reverse, or modify the determination. appeal to the Board of County Commissioners

The moratorium automatically expires after twelve months unless it is terminated earlier; it may be extended only once, for no more than six additional months, after updated findings and a public status report. remain in effect for twelve (12) months

Emergency work and actions required to comply with federal or state law, court orders, or regulatory mandates are exempt from the moratorium. Emergency and Legal Compliance Actions

Ordinary business, office, institutional, educational, medical, agricultural, and governmental uses with incidental computing equipment are excluded unless the computing activity independently meets the measure's objective thresholds. Exclusions