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The Data Center Divide

Platte County

Mixed Data Center Policies

Platte County requires special-use permits and county review, while enacted rezoning opens about 5,344 acres to industrial use, with construction deadlines.

current law · Unincorporated areas
Requires data centers to obtain a Special Use Permit rather than operate by right in the Class III Commercial, Class IV Industrial, and Ranching, Agriculture and Mining districts, with possible additional setbacks, lot-size requirements, or rezoning to Class IV Industrial under the regulations.Platte County Land Use Rules and Regulations (Data Center Amendments)

What this means

The measure would create significant permitting hurdles: data centers would need a special-use permit, and applicants must obtain a state industrial-siting clearance before the first county planning meeting (special-use permit required). On-site power or storage needs its own permit, and increases in power use or cooling beyond the approved plan require another or amended permit (new or amended Special Use Permit).

People behind it

  • Approved and adopted the Land Use Rules and Regulations and considered adoption of the proposed data-center amendments.

  • Required to review revisions to the regulations before approval by the County Commissioners.

  • Administers, monitors, and processes the regulations and related land-use applications.

Restrictions & requirementsHide restrictions & requirements7

  • All data centers require a Special Use Permit rather than being allowed as a permitted use. This applies in the Class III Commercial, Class IV Industrial, and RAM districts.

  • A data center may be required to meet additional setback and minimum-lot-size requirements beyond the district’s ordinary standards.

  • A data center may be required to rezone to the Class IV Industrial Classification, including when proposed in Commercial or RAM zoning.

  • Any power-generation or power-storage facility constructed to serve a data center requires its own Special Use Permit and must satisfy applicable federal and state permitting requirements.

  • Before the first Planning and Zoning meeting on a qualifying data-center Special Use Permit, the applicant must obtain either a Wyoming Department of Environmental Quality Industrial Siting Division jurisdiction-exemption letter or an Industrial Siting permit.

  • Expanding an approved data center’s power draw or cooling infrastructure beyond what was authorized in the original Special Use Permit requires a new or amended Special Use Permit.

  • Data-center off-street parking is not assigned a fixed ratio; instead, parking requirements are imposed through the conditions of the Special Use Permit.

Benefits & exceptionsHide benefits & exceptions9

  • Data centers may be approved through a Special Use Permit in Class III Commercial districts, rather than being categorically prohibited. Data Centers

  • Data centers may be approved through a Special Use Permit in Class IV Industrial districts, providing a permitted industrial-zoning pathway. Data Centers

  • Data centers may be approved through a Special Use Permit in the Ranching, Agriculture and Mining district, although the county may require rezoning to Class IV Industrial. Data Centers

  • Power generation or power storage built to serve a data center may be permitted through its own Special Use Permit, allowing the facility's supporting power infrastructure to be reviewed separately. power generation and/or power storage

  • Commercial-district data centers are not assigned a fixed parking ratio; their off-street parking is determined by conditions in the Special Use Permit. Data Centers: subject to conditions in the Special Use Permit

  • A Special Use Permit for a data center generally transfers with a property sale, transfer by will, or gift to a family member unless the permit specifically provides otherwise. Permits shall be transferable

  • A data center's Special Use Permit cannot be revoked merely because the facility becomes inactive for a period of time. Inactivity for any period of time

  • Complaints alone cannot revoke a data center's Special Use Permit unless they involve a violation of state statute or law. Complaints regarding Special Use Permits

  • Permit conditions limiting operating hours or vehicle traffic do not apply to service vehicles or maintenance activities at the data-center property. service vehicles or maintenance activities

Sources

current law · County project: Site Layer 4 rezone area, including the 5,344-acre private ranchland tract in Goshen Hole proposed for the data center and energy complex
Approves the rezoning of approximately 5,344 acres from Ranching, Agricultural & Mining to Industrial use for the proposed Site Layer 4 energy-generation, storage, and data-center project, as reported in Public Notice #12175.Platte County Land Use Application #26-26 — Site Layer 4 Industrial Rezoning Approval

What this means

If approved, the measure would make about 5,344 acres available for industrial use, making it easier to pursue a data center. A special-use permit and county review would still be required, and construction must start within five years, so the benefit is meaningful but limited.

People behind it

  • Applicant and proposer of the rezoning request for approximately 5,344 acres from RAM-zone to Industrial zoning.

  • Applicant contact and signatory for Site Layer 4, LLC who submitted and signed the rezoning application.

  • Prepared the rezoning application and purpose letter on behalf of Site Layer 4, LLC.

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  • Participating landowner whose property is subject to the rezoning request.

  • Authorized signatory for Lazy V Six, Inc., the participating landowner.

  • Administers the rezoning application process and public-notice requirements.

  • Reviewed the rezoning request and unanimously recommended approval with conditions.

  • Considered and approved the rezoning application with four conditions.

  • Platte County commissioner who moved to approve the rezoning with conditions.

Restrictions & requirementsHide restrictions & requirements13

  • The 5,344-acre project area must be rezoned from Ranching, Agricultural & Mining (RAM) zoning to Industrial zoning before the proposed data center campus can proceed.

  • Any development or use of the rezoned property requires a Special Use Permit in addition to the rezoning, and the permit must be obtained before construction begins.

  • The rezoning and Special Use Permit must undergo public hearings before the Planning and Zoning Commission and the Board of County Commissioners, with Board approval required before the use can begin.

  • The Special Use Permit application must include a detailed site plan, parking plan, and formal traffic impact study.

  • Before development proceeds, the applicant must present a site plan for preliminary review by the Planning Office, the Planning and Zoning Commission, and the Board of County Commissioners.

  • Industrial development must meet specified setbacks, including 100 feet from public rights-of-way, 300 feet from residentially zoned lots and existing residences or occupied structures, 100 feet from other property lines, 30 feet from public roadway easements or rights-of-way for buildings, and 10 feet from adjacent property lines for buildings.

  • The project may not emit significant dust, smoke, odor, or noise beyond its property lines and must comply with applicable Wyoming Department of Environmental Quality regulations.

  • The rezoning requires public notice, including on-site signage at least two weeks before the Planning Commission hearing, certified letters to adjoining landowners, and newspaper publication at least 30 days before that hearing.

  • The rezoning requires a $300 application fee and a $250 publication and sign-notice fee, plus certified-mailing costs exceeding the $250 notice fee.

  • The Industrial zoning reverts to the prior RAM zoning if construction has not commenced within five years after rezoning approval or if the facility is permanently decommissioned.

  • The county must be notified at least 30 days before construction begins or the facility is permanently decommissioned; construction commencement is defined as physical on-site work continuing daily or regularly until completion.

  • Any Industrial Park subdivision plan must be submitted to the Board of County Commissioners for review and approval before it can be reviewed and recorded.

  • The applicant and landowner must sign acceptance of the rezoning conditions, and the signed acceptance must be recorded with the county clerk.

Benefits & exceptionsHide benefits & exceptions5

  • Rezoning approximately 5,344 acres from Ranching, Agricultural & Mining (RAM) to Industrial zoning allows development of the proposed utility-scale energy generation, energy storage, and data-center campus within the identified project area.

  • Industrial zoning provides the basis for a future Special Use Permit and detailed site-plan application for the data center and related facilities; those approvals are still required before development.

  • Approval of the rezoning is stated to expedite project development and permitting, allowing the applicant to proceed with permitting for the proposed campus.

  • The project area has access to existing commercial electrical transmission and natural-gas utilities, while the project would generate power onsite for the data center and use existing utilities for ancillary facilities.

  • The approved industrial land may be subdivided into an Industrial Park, subject to Board of County Commissioners approval before recording and preliminary site-plan review by county planning authorities.

Sources

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