Buffalo County
Anti-Data Center Policies
Buffalo County requires data centers to obtain conditional-use approval in industrial districts and meet disclosure, setback, noise, and generator-testing limits; the May amendment’s added effect is unclear.
current law · County measureAmends Buffalo County’s zoning ordinance to add data centers as conditional uses in industrial zoning districts, requiring conditional-use approval rather than automatic authorization.Buffalo County Ordinance 26-03-03 (2026) — An Ordinance to Amend Ordinance 18-07-01, Buffalo County Zoning Ordinance
What this means
If enacted, the measure would allow data centers only as conditional uses in industrial districts, while requiring detailed utility, water, emergency, and decommissioning information. The 500-foot dwelling setback and strict noise and generator-testing limits could make sites harder to find and operations more constrained, creating significant barriers (proposed zoning conditions).
People behind it
- Cale Severson
Drafted the proposed zoning ordinance amendment and administered it through the Zoning Department.
- Buffalo County Land Management Committee
Reviewed the proposed amendments and sponsored them for consideration by the County Board.
- Max Weiss
Signed the ordinance as a member of the Land Management Committee.
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- Robert Sendelbach
Signed the ordinance as a member of the Land Management Committee.
- Steve Nelson
Signed the ordinance as a member of the Land Management Committee.
- Chris Lindstrom
Signed the ordinance as a member of the Land Management Committee.
- William Bruegger
Signed the ordinance as a member of the Land Management Committee.
- Joe Bragger
Signed the ordinance as a member of the Land Management Committee.
- Buffalo County Board of Supervisors
Adopted and enacted the zoning ordinance amendment.
Restrictions & requirementsHide restrictions & requirements15
Data centers are allowed only in an industrial zoning district and only as a conditional use, requiring conditional-use approval.
Applications must include a utility coordination letter documenting available grid capacity and the facility's total megawatt demand.
Applications must disclose expected annual and daily water usage.
Applications must identify whether the facility's water source is municipal water or groundwater.
Applications must identify and describe the cooling system, including any water-discharge plan and expected water-replacement intervals for closed-loop or evaporative systems.
Applications must include a natural vegetation barrier plan using vegetation capable of effectively shielding the site visually; listed invasive species may not be used.
Applications must include an emergency operations plan covering fire protection, hazardous-materials management, backup-power operations, and coordination with local emergency-response agencies.
Applications must include a decommissioning plan.
Applications must include a construction schedule or phasing plan for the facility's buildout.
Applications must disclose the types of treatment chemicals used onsite.
Data centers must be located at least 500 feet from any dwelling unit, except a dwelling unit owned or occupied by the facility's owner or operator.
Data centers must be located at least 100 feet from property lines.
A data center may not produce more than 55 decibels of sound at its property boundary.
Generator testing is limited to weekdays from 8:00 a.m. to 5:00 p.m.
The Land Management Committee may authorize exceptions to the decibel limits during the 8:00 a.m. to 5:00 p.m. generator-testing period if it determines an exception is appropriate.
Benefits & exceptionsHide benefits & exceptions1
Data centers are expressly allowed as conditional uses in industrial zoning districts, creating a defined zoning pathway for obtaining approval to build and operate them.
Sources
current law · Unincorporated areas, subject to applicable town approvalBuffalo County adopted Ordinance 26-05-02 on May 18, 2026, amending Ordinance 18-07-01 after Land Management Committee review.Buffalo County Ordinance 26-05-02 — Data Center Zoning Amendment (2026)
What this means
Analytical assessment of the current consolidated framework: industrial conditional-use approval, detailed project disclosures, setbacks and noise/testing limits impose significant siting and operating constraints. The precise incremental effect of the May amendment versus the earlier March amendment is unverified without Exhibit A.
People behind it
- Cale Severson
Identified as the drafter of the zoning ordinance amendment. Drafted By: Cale Severson
- Land Management Committee
Reviewed the suggested changes and approved the amendment before it went to the County Board. approved by the Land Management Committee
- Steve Nelson
Moved the motion to approve the zoning ordinance amendment at the County Board meeting. made a motion to approve the Zoning Ordinance amendment
Restrictions & requirementsHide restrictions & requirements6
Data centers are allowed only in an Industrial zoning district, and only as a conditional use requiring approval. Industrial district as a conditional use.
A conditional-use application must include utility coordination showing grid capacity and total MW demand; annual and daily water demand, water source, cooling type, discharge plan and replacement intervals; a natural vegetation barrier plan; an emergency operations plan; a decommissioning plan; a construction schedule or phasing plan; and disclosure of treatment chemicals. Applications for such uses shall provide.
A data center must be at least 500 feet from any dwelling, except a dwelling of the establishment’s owner or operator, and at least 100 feet from property lines. 500 feet from any dwelling unit.
Sound at the property boundary must not exceed 55 decibels. Generator testing is limited to weekdays from 8:00 a.m. to 5:00 p.m.; the committee may authorize exceptions to the decibel limits during those hours. Generator testing shall only be allowed.
Conditional-use applications require a public hearing, and the Zoning Department will not schedule one until the Town Acknowledgement Form has been returned with the Town Chair’s signature. The Zoning Department will not place a petition.
For a non-routine application requiring paid expert review, the applicant may have to deposit 125% of the Zoning Committee’s estimate of review costs; the deposit must be replenished if exhausted, and any excess is returned after the application process and bills are complete. deposit equal to one hundred twenty-five percent.
Benefits & exceptionsHide benefits & exceptions5
Data centers are expressly eligible as conditional uses in Industrial zoning districts, providing a route to approval there. The use is not authorized in other districts by this provision. Data Centers will only be allowed in an industrial zoning district as a conditional use.
A minor expansion of a building housing a conditional use can require only a zoning permit, rather than a new conditional-use permit, if it does not increase the use’s scale or intensity. Larger or more intensive expansions still require a conditional-use permit. minor expansion.
The Board of Adjustment must grant a conditional-use permit when the applicant meets or agrees to meet the ordinance’s requirements and conditions, subject to the stated evidentiary standards. the Board shall grant the conditional use permit.
Once a permit is approved and issued, it vests the right to use the property in the specifically approved manner until the permit expires. This is subject to the ordinance’s permit-expiration rules. approval and issuance of a permit shall vest.
The ordinance defines data centers separately and states that they are not classified as warehouse or distribution facilities. shall not be classified as a warehouse or distribution facility.
Sources
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