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The Data Center Divide

Klickitat County

Anti-Data Center Policies

Klickitat County’s enacted code interpretation allows data centers outright in General Industrial zones but bars them from other zones where conditional-use permits may have been available. It also adds power, infrastructure, water-reporting, and restoration-financing obligations.

current law · Unincorporated areas
The Klickitat County Planning Commission’s 2023 interpretation treats data centers as comparable to warehouses for zoning purposes.Klickitat County 2023 Code Interpretation Regarding Data Center Use

What this means

The proposal would allow data centers outright in General Industrial zones, but prohibit them in other zones where they currently may seek a conditional-use permit (allowed outright in Industrial Park and General Industrial). It also suggests added costs and obligations, including power and infrastructure agreements, water-use reporting, and financial guarantees for infrastructure and site restoration (financial guarantee). Overall, the new requirements and loss of access to some zones outweigh the expansion into General Industrial.

People behind it

  • Prepared and presented the Data Center Ordinance Suggestions.

  • Requested development of the draft data center ordinance.

  • Administers the draft ordinance process and posts working versions for public review.

Restrictions & requirementsHide restrictions & requirements16
  • Data centers would be prohibited in zoning classifications other than Industrial Park and General Industrial under the ordinance suggestions.

  • In zones other than Industrial Park, a data center would require a Conditional Use Permit rather than being allowed outright.

  • A pre-submission conference would be required for every data-center proposal.

  • In an Industrial Park zone, an applicant would need to submit a site-plan application and SEPA checklist; in other zones, the applicant would need to submit a Conditional Use Permit application and SEPA checklist.

  • Applications would undergo a staff completeness review before proceeding.

  • Each project would require a SEPA threshold determination; a determination of significance would require preparation of a full Environmental Impact Statement.

  • SEPA threshold determinations would be subject to a 14-day public-comment period and a 21-day appeal period, with the appeal period including the comment period.

  • Industrial Park projects would require Planning Commission site-plan review and could be appealed to the Board of County Commissioners.

  • Projects in other zones would require a Board of Adjustment public hearing on the Conditional Use Permit and could be appealed to Washington Superior Court.

  • A project using a municipal water source would require assurance from the utility provider and municipality that adequate water supplies exist to meet long-term growth.

  • Data-center operators would be required to monitor and regularly disclose their water use.

  • Project approval would require the developer to contract with the utility provider to obtain its own power and finance the electrical infrastructure needed to manage and deliver that power.

  • Developers would be required to provide a financial guarantee, such as a performance bond, sufficient to complete public infrastructure improvements required because of the project’s impacts.

  • Developers would be required to prepare a decommissioning plan, provide a financial guarantee such as a decommissioning bond, and restore the site to its prior condition.

  • A developer locating within or near an unincorporated community or incorporated city would be required to complete a Community Engagement Plan describing how it would communicate publicly with the host community.

  • A data-center developer would be required to provide information needed to quantify the project’s economic impact and benefits to the community and Klickitat County.

Benefits & exceptionsHide benefits & exceptions4
  • Data centers would be formally defined as a land use and industry, providing a clear regulatory classification.

  • Data centers would be allowed outright in Industrial Park and General Industrial zones, rather than requiring a Conditional Use Permit. They would not be allowed in other zoning classifications.

  • In Industrial Park zones, the review process would use a site-plan application and SEPA checklist instead of a Conditional Use Permit application and hearing before the Board of Adjustment.

  • The county would add no data-center-specific air-quality, noise, cultural-resource, or environmental regulations beyond existing local, state, and federal requirements.

Sources

Specific to Klickitat County only.

pending · Unincorporated areas
This county webpage publishes the working drafts of the data-center ordinance and the 2023 code-interpretation materials, and it describes the application and review pathways for data-center proposals.Klickitat County Data Center Information webpage

What this means

If enacted, the draft would limit data centers to two industrial zones, require conditional-use approval, and keep projects at least 500 feet from homes. It also adds substantial review, water and power documentation, emergency planning, and financial-security requirements, making projects significantly harder despite allowing them in those zones (draft ordinance).

People behind it

  • Requested that the Community Development Department post working versions of the draft data center ordinance.

  • Posted and is updating the working versions of the draft data center ordinance and coordinating opportunities for public comment.

  • Prepared and issued the Data Center Ordinance Suggestions document proposing policy elements for the measure.

Restrictions & requirementsHide restrictions & requirements26
  • The draft allows industrial-scale data centers only in Industrial Park or General Industrial zoning districts and prohibits them in all other zoning classifications.

  • The draft requires conditional-use approval for industrial data centers in both Industrial Park and General Industrial districts.

  • The draft prohibits an industrial data center from being developed within 500 feet of a residential dwelling or residentially zoned parcel.

  • Each proposed data center must submit a master plan covering ultimate development, construction phases, buildings, electrical demand, cooling, water use, access, and accessory uses.

  • Approval of a master plan or initial development phase does not authorize later phases; each phase must obtain all required land-use, development, and construction approvals before construction or operation.

  • Major expansions require approval of an amended master plan, conditional-use permit, or other required development permits before construction or operation.

  • Battery energy storage systems, renewable-energy facilities, generators, substations, and wastewater facilities may require separate or additional permits, and BESS and renewable-energy facilities are treated as independent conditional uses.

  • Applicants must prepare a visual-impact assessment addressing impacts at full buildout and proposed mitigation measures.

  • Applicants must prepare a noise-impact assessment and demonstrate compliance with Washington State maximum environmental noise levels.

  • Data centers must use best available technologies and practices to minimize consumptive water use, and applicants must evaluate cooling technologies, conservation measures, and alternative water sources.

  • Applicants must submit a wastewater analysis covering projected full-buildout wastewater needs and must provide certification that a public sewer system can handle the required conveyance and treatment if one is used.

  • Applicants must submit an Energy Usage Plan identifying projected annual electricity demand, energy sources, storage capacity, renewable generation, and backup-power sources.

  • Applicants must coordinate electric service, power supply, and generation with Klickitat Public Utility District and must secure and finance the power supply and infrastructure needed to deliver electricity to the KPUD transmission system.

  • Infrastructure built in Klickitat County to serve a data center or other large-load development must be transferred to KPUD under its requirements and become subject to KPUD ownership, operation, and fees.

  • Applicants must submit a Water Resources Usage Plan identifying annual water use, water sources, storage capacity, and water-efficiency measures.

  • A project using municipal or public-utility water must provide a signed assurance from the water purveyor that sufficient resources exist and that demand is consistent with applicable water-system plans and projections.

  • A project using more than 5,000 gallons of groundwater per day must provide proof or other adequate assurance of sufficient water resources, such as a water-right permit.

  • Data centers must take access from a local or private road and provide secondary access suitable for emergency response.

  • Applicants must prepare an emergency-response plan acceptable to local emergency-service agencies, evaluate impacts on emergency services and fire protection, and pay for required first-responder training and equipment.

  • Applicants must provide financial security equal to 100 percent of the County-approved cost of required public infrastructure improvements, plus any approved contingency, and maintain it during construction.

  • Applicants must provide project-information and community-contact procedures during construction and operation and maintain a public project website until two years after full buildout begins operation.

  • Applicants must submit a decommissioning plan for restoring the site and provide financial security equal to 100 percent of the County-approved decommissioning cost, adjusted for inflation.

  • Under the existing review process, Industrial Park projects require a site-plan application and SEPA checklist, while projects in other zones require a conditional-use-permit application and SEPA checklist.

  • SEPA review may result in a determination of significance requiring a full environmental impact study.

  • The review process includes a 14-day public-comment period on the SEPA threshold determination and a 21-day appeal period that includes the comment period.

  • Industrial Park projects receive Planning Commission site-plan review and may be appealed to the Board of County Commissioners; projects in other zones require a Board of Adjustment conditional-use public hearing and may be appealed to Washington Superior Court.

Benefits & exceptionsHide benefits & exceptions5
  • The draft defines an Industrial Data Center as a facility with a design maximum electrical demand of 20 megawatts or greater, so facilities below that threshold are outside the draft ordinance’s data-center-specific requirements. [design maximum electrical demand of [twenty] megawatts (MW) or greater](https://www.klickitatcounty.gov/DocumentCenter/View/23973/DRAFT-Data-Center-Ordinance-10126-Most-Recent?bidId=#:~:text=design%20maximum%20electrical%20demand%20of%20%5Btwenty%5D%20megawatts)

  • Industrial Data Centers are allowed as conditional uses in both the Industrial Park and General Industrial zoning districts, providing two zoning categories where they may be developed; they are prohibited in other zones. allowed by conditional use in the Industrial Park (KCC 19.30) and General Industrial (KCC 19.32) zoning districts

  • Projects may be organized into development phases under an overall master plan, allowing a data-center campus to be built incrementally rather than all at once. Each phase still requires its own applicable land-use, development, and construction approvals, and approval of the master plan does not automatically authorize later phases. Each development phase of a data center campus shall obtain all applicable land use, development, and construction approvals

  • The draft provides a utility-infrastructure pathway through Klickitat Public Utility District: applicants coordinate service through KPUD, finance the power supply and delivery infrastructure, and may transfer qualifying infrastructure to KPUD for KPUD ownership and operation. Infrastructure constructed within Klickitat County to serve a data center

  • Under the county’s stated review process, projects in the Industrial Park zone use a site-plan application and Planning Commission review, rather than the conditional-use-permit application and Board of Adjustment hearing required in other zones. The process still includes SEPA review, public comment, and appeals. Application: Site Plan and SEPA Checklist

Sources

pending · Unincorporated areas
These working drafts proposed county-specific zoning and permitting controls for data centers, including limiting facilities to specified industrial zones and requiring conditional-use approval.Klickitat County Draft Data Center Ordinance 9-22-26 / 10-01-26 / 10-13-26

What this means

The draft would allow data centers only in industrial zones, require conditional-use approval, and keep them at least 500 feet from homes—conditions that limit where projects can go and give the county discretion to deny them (industrial zoning and 500-foot buffer). It also requires detailed water, power, noise, and emergency plans, plus financial guarantees for infrastructure and cleanup, creating substantial added costs and delays (plans and financial guarantees).

People behind it

  • Prepared the Data Center Ordinance Suggestions document, which sets out proposed ordinance provisions.

  • Requested that the draft data center ordinance be prepared.

  • Posts and administers the working versions of the draft ordinance.

Restrictions & requirementsHide restrictions & requirements16
  • Industrial data centers require a conditional use permit and are barred from locations outside Industrial Park and General Industrial zones. “allowed by conditional use”

  • The draft bars development within [500] feet of a residential dwelling or residentially zoned parcel; the distance remains a bracketed placeholder. [“within [500] ft”](https://www.klickitatcounty.gov/DocumentCenter/View/23973/DRAFT-Data-Center-Ordinance-10126-Most-Recent?bidId=#:~:text=within%20%5B500%5D%20ft)

  • Applicants must submit a master plan covering the ultimate project and phases, but approval of the plan or an initial phase does not authorize later phases; each phase needs its own applicable approvals before work begins. “shall not authorize construction or operation of subsequent phases”

  • A major expansion requires an amended master plan, conditional use permit, or other required permits before construction or operation; the percentage defining a major expansion is left as [x]. [“greater than [x] percent”](https://www.klickitatcounty.gov/DocumentCenter/View/23973/DRAFT-Data-Center-Ordinance-10126-Most-Recent?bidId=#:~:text=greater%20than%20%5Bx%5D%20percent)

  • Accessory facilities are not automatically permitted and may need separate or additional approvals, including for battery storage, renewable generation, backup generators, substations, and wastewater treatment. The draft specifically makes BESS an independent conditional use. “separate or additional permitting path”

  • Applicants must prepare a visual-impact assessment for full buildout and all accessory uses, including measures to avoid or minimize impacts. “prepare a Visual Impact Assessment”

  • Applicants must prepare a noise-impact assessment for full buildout and accessory uses and show how the project will comply with Washington’s maximum environmental noise levels. “comply with all Washington State Maximum Environmental Noise Levels”

  • Cooling and other operations must use best available technologies and practices to minimize consumptive water use; applicants must evaluate alternatives and demonstrate minimization to the maximum extent practicable. “minimize consumptive water use”

  • Applicants must analyze wastewater needs and expected volumes at full buildout. If a public system will convey or treat wastewater, the applicant must provide certified documentation that it can support the project. “public authority can support the conveyance and treatment needed”

  • Applicants must provide an energy-use plan identifying projected annual demand, supply sources, storage, renewable generation if applicable, and backup-power sources. “Projected annual electricity demand”

  • Applicants must coordinate electric service and power requirements with KPUD; power generation must be delivered through KPUD infrastructure. Applicants must secure and finance the power supply and necessary infrastructure, and qualifying infrastructure must be transferred to KPUD under its requirements, with corresponding fees. “secure and finance the power supply”

  • Applicants must submit a water-use plan. For municipal or public-utility water, they must provide a signed purveyor letter confirming adequate supply and consistency with applicable plans and projections. Groundwater use above 5,000 gallons per day requires assurance of sufficient supply, such as a water-right permit. “in excess of five-thousand (5,000) gallons per day”

  • Projects must take access from a local or private road and provide secondary access suitable for emergency response. Applicants must also submit an emergency-response plan accepted by local emergency-services agencies, including training and equipment for first responders at the applicant’s expense. “secondary access suitable for emergency response purposes”

  • Applicants must provide financial security for required public infrastructure improvements equal to 100% of the County-approved cost estimate, plus a contingency capped at a still-bracketed [x] percent. “shall equal 100 percent”

  • Applicants must maintain project-information and community-response methods and a public project website covering project details, timelines, phases, meetings, and permit status. The website must remain available until two years after full buildout operation. “until 2 years have passed”

  • Applicants must submit a decommissioning plan for site restoration and provide financial security equal to 100% of the County-approved cost estimate, adjusted for inflation. “equal 100 percent of the County-approved cost estimate”

Benefits & exceptionsHide benefits & exceptions2
  • Allows conditional-use applications for Industrial Data Centers in Industrial Park and General Industrial zones, while prohibiting them in other zones. “allowed by conditional use”

  • Creates a utility-infrastructure pathway for serving data centers: power supply and generation must be coordinated with KPUD and delivered through its infrastructure, and qualifying infrastructure built to serve a data center is transferred to KPUD for ownership and operation. The applicant must secure and finance the power supply and necessary infrastructure, and KPUD requirements apply. “transferred to KPUD”

Sources

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