The Data Center Divide
A policy snapshot ahead of the 2026 midterms. Mapping data center incentives, restrictions, and bans through legislation, regulations, and executive actions across all 50 states and 1,462 local jurisdictions.
Burnett County
Anti-Data Center Policies
Burnett County’s ordinance is labeled enacted, though its description uses future wording; it requires rezoning for projects of at least 40 acres and permits and conditions for facilities over 1 megawatt, creating a barrier, not a ban.
current law · County measure: Areas subject to county zoning; excludes incorporated villages and the towns of Blaine, LaFollette, Sand Lake, and Wood River, except that the I-2 rules apply in shoreland-zoning areasThe Burnett County Sentinel reports that the County Board unanimously approved a new I-2 floating zoning district.Burnett County I-2 Tech-Energy Industrial District Ordinance (2026)
What this means
The rules would make large data centers harder to site and operate: projects need at least 40 acres rezoned, and facilities over 1 megawatt need a conditional-use permit and must meet requirements such as noise limits, monitoring, water planning, and solar panels on 75% of roofs and parking areas (approval steps and project conditions). Smaller facilities are treated more lightly, so this is a significant barrier rather than a ban.
People behind it
- Burnett County Land Use and Information Committee
Developed and reviewed the proposed I-2 zoning district and recommended it to the County Board.
- Jason Towne
Burnett County Land Services Department director who worked on the draft ordinance and compiled its proposed solar-panel requirement.
Restrictions & requirementsHide restrictions & requirements9
A project must first obtain rezoning of at least 40 acres into the floating I-2 district. Rezoning requires a full County Board vote and, where applicable, town approval; outside shoreland areas, the affected town can veto it. (rezone at least 40 acres)
Facilities larger than 1 megawatt need a conditional use permit and a public hearing, in addition to the I-2 rezoning. Facilities of 1 megawatt or less may be permitted in the district without that separate hearing. (larger ones would also need a conditional use permit)
Buildings must be at least 300 feet from property lines. (at least 300 feet from property lines)
Noise is limited to 55 decibels during the day and 45 decibels at night, measured at the property line. (55 decibels by day and 45 at night)
Noise, vibration and groundwater must be tested before construction and at least twice yearly afterward; testing must be done by a county-approved independent third party. (testing be done by a county-approved independent third party)
Operators must have a metered water-use plan. (a metered water-use plan)
Projects must have community benefit and development agreements, which can require contributions such as support for emergency response or road maintenance. (community benefit and development agreements)
Solar panels are required on 75% of data center roofs and parking areas. (Solar panels on 75% of data center roofs and parking areas)
A decommissioning plan is required. (A decommissioning plan)
Benefits & exceptionsHide benefits & exceptions1
In the I-2 district, data centers of 1 megawatt or less may be approved by the zoning office without a separate hearing, once the property has been rezoned into the district. The smaller-scale uses provision
Sources
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