Data centers in the A-5 Agricultural District require a conditional-use permit and are not automatically allowed.

A conditional-use application must describe the proposed data center and provide all required information to the planning office at least 21 days before the planning commission meeting.

Conditional-use approval requires a planning commission public hearing, at least 14 days of public notice, and mailed notice to property owners within 300 feet.

Approval requires findings that the data center will not be unduly detrimental to public health, safety, welfare, nearby property, or the public; complies with the County General Plan and zoning purposes; and is located on a site large enough to avoid material harm to surrounding properties.

The planning commission may impose conditions or restrictions concerning location, construction, maintenance, site planning, traffic, dust, noise, odors, operating hours, operations, setbacks, bonding, and other impacts, and may require guarantees that the conditions will be met.

Additional conditions may require landscaping and buffers, parking and access improvements, street or highway improvements, adequate water, sewage disposal and fire protection, sign controls, nuisance mitigation, and regulated operating hours.

Conditional-use approvals may be subject to air-quality, dust, odor, noise, setback, and bonding safeguards, as well as required state and federal permits.

A conditional-use permit becomes null and void unless substantial action is taken under it within 18 months after issuance.

The planning commission may modify or revoke a conditional-use permit after a public hearing if it was obtained fraudulently, the permitted use ceased for at least six consecutive months, or permit conditions were not met; it may also modify conditions for a demonstrated nuisance, with required restoration completed within 12 months when necessary.

A person with qualifying standing may appeal a planning commission decision to the County Commission within 10 days, triggering a de novo public hearing and further review before the approval becomes final.

An adversely affected party may seek judicial review within 30 days after the County issues its final decision on the appeal.

Allows residential, commercial, and industrial development on private land to continue responsibly in locations that support residents’ economic and social well-being. commercial, and industrial development on private land

Requires the County to periodically review and amend land-use ordinances as necessary to reflect residents’ land-use preferences. continually review and amend its existing ordinances

Supports local utility providers extending facilities to serve housing and other land uses when demand warrants and the extension is economically feasible. extend their facilities to serve housing and other land uses

Keeps roads serving public lands open for utility and communications companies to maintain existing infrastructure and develop future transmission, distribution, pipeline, and communications-tower infrastructure, subject to coordination with state and local governments for certain closures. Roads shall remain open for utility and communications companies

Calls for rights-of-way for utilities and transportation of products, and additional public access when future need is demonstrated, in proposed agency actions on public lands. Provide public access and rights-of-way for utilities

Supports geothermal, wind, and solar energy development at large and small scales on public and private lands, including generation for sale or on-site use, and intends to establish supporting policies. development of geothermal, wind and solar energy

Calls for broadband-friendly zoning, broadband requirements for new construction and developments, agency and provider coordination, streamlined local permitting with predictable timelines, reduced regulatory barriers, and centralized communication. streamlined local permitting

Encourages broadband providers to use existing publicly owned poles, conduits, open trenches, and other infrastructure, and to coordinate fiber installation with road and utility maintenance. access to existing publically owned infrastructure

Supports lower rights-of-way fees in areas lacking sufficient broadband to encourage provider construction in those areas. less expensive rights-of-way fees

Recommends accelerated permitting for fiber and conduit along existing highways and previously disturbed corridors. Qualifying installations within the constructed roadway prism may receive a categorical exclusion from NEPA review, but the recommendation is limited to eligible highway or federal-aid road corridors. accelerated pace

Recommends that UDOT serve as the single permitting contact for broadband providers using highway easements and conduits across federal lands, reducing duplicative reviews and clarifying fees and requirements. single point of contact

Supports expedited federal approval processes for utility-corridor maintenance and new utility projects, sufficient corridors for essential utilities, physical separation and redundancy of utility facilities, and utility access to maintain and improve infrastructure. Expedited federal approval processes

Supports recruiting businesses that complement the energy industry and diversify the economy, providing an economic-development basis for recruiting energy-intensive commercial or technology facilities subject to applicable requirements. recruit businesses

Opposes threatened- and endangered-species buffer zones unless the best available science shows they are necessary, and calls for excluding areas from critical-habitat designations when the economic damage is too great; these limits remain subject to federal law and scientific findings. Do not support buffer zones

Provides a conditional-use-permit pathway for a data center in the A-5 Agricultural District, subject to findings that the use will not unduly harm public health, safety, or welfare, will comply with the General Plan, and can operate without materially harming surrounding properties.

Leaves the Planning Commission’s approval of the Nine Mile Data Center and related facilities in effect after the County Commission denied an appeal for lack of standing.

Provides related conditional-use approvals for a solar power facility, a natural-gas power plant, and a ReWater wastewater facility to support the data center’s proposed electricity and water infrastructure, with each facility remaining subject to its own approvals and regulatory requirements.

Allows the approved data-center proposal to initially occupy approximately 475 acres within four parcels totaling about 960.32 acres, with the possibility of seeking expansion to the full acreage in the future; the proposal also allows permanent fencing, 24-hour operation, and a lifespan of at least 50 years.

A data center in the A-5 Agriculture zoning district requires a conditional use permit.

A conditional-use application must be submitted on the county form with all required information at least 21 days before the Planning Commission meeting.

The conditional-use permit requires a public hearing with at least 14 days of public notice and mailed notice to property owners within 300 feet.

The Planning Commission may approve the permit only if it finds that the use will not unduly harm nearby property or public health and safety, complies with the county general plan and zoning purposes, and can operate on a property of adequate size without materially harming surrounding properties.

The conditional-use permit becomes null and void unless substantial action is taken within 18 months after issuance.

The operator must obtain and maintain a business license for the duration of the data center's operation.

Before operation, the site must have approved landscaping or screening and a maintained livestock fence with warning signs and contact information.

Electric interconnections require engineered plans prepared by a Utah-licensed engineer, compliance with the current building-code cycle, and approval by the County Building Official or designee.

Before operation, the Emergency Management Department designee must approve the structure plans and siting for Wildland-Urban Interface compliance.

Before operation, the applicant must consult the appropriate state agencies and provide the required state and local permits.

Any future substation or transmission-line plans must be resubmitted to the Planning Commission and considered in a new conditional-use-permit hearing.

All road-approach permits required by the Duchesne County Road Department must be approved before operation.

The project must comply with the Duchesne County Transportation Master Plan.

All permits required by Tri-County Health must be approved before operation.

Data centers beginning operation after July 1, 2026, that withdraw at least 75 acre-feet of water annually and expand beyond 10,000 square feet must report annually and notify the Utah Division of Water Rights and Utah Division of Water Quality.

The applicant must comply with Utah Code 54-27-201, including annual reporting to the local electric company.

The operation must comply with all applicable nuisance ordinances, including the county's noise requirements.

The operation must comply with all off-street parking requirements.

Data center development commercial use is expressly allowed in the A-5 Agriculture zoning district through a conditional use permit, providing a zoning pathway for construction and operation. data center development commercial uses are allowed in the A-5 Agriculture Zoning District with a conditional use permit.

The Planning Commission is authorized to make the final decision on a conditional use permit after reviewing the application and the zoning administrator’s recommendation, rather than requiring approval through a separate body. The planning commission is authorized to render a final decision.

County parking regulations do not specify parking requirements for this use, allowing the applicant to propose its own parking plan; the project proposes 40 spaces per building. Parking requirements for this use are not provided in Duchesne County Code Chapter 12.

The planned development can use a shared process-water system with the adjacent natural-gas power plant for most process and cooling water, reducing the need for a separate water system. Process and cooling water will largely come from Wasatch Energy Management through a process water system shared with the nearby natural gas power generation plant.

The project may receive most of its electricity from adjacent solar and natural-gas generation facilities, with additional potential supply through Deseret Power or PacifiCorp via Moon Lake Electric Association. Electrical power for the site will be largely provided by the adjacent solar and natural gas generation power plants.