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Commissioners discuss clarifying conditional-use permits, fee structure for large industrial projects
Summary
Emmons County commissioners and staff discussed proposed zoning ordinance text clarifications to distinguish small conditional-use projects from large industrial permits (wind, data centers, transmission), and flagged the current fee structure as inadequate for multimillion-dollar projects.
County commissioners reviewed proposed updates to the zoning ordinance's conditional-use provisions and discussed whether to distinguish more clearly between small conditional uses and an "industrial" conditional-use permit for major energy and data projects.
Planning staff and commissioners said the county currently uses two tracks: a smaller conditional-use permit for modest projects and an industrial conditional-use permit intended for major energy or large-scale development. Several participants urged clearer written criteria so applicants and staff can consistently determine which permit applies. One commissioner suggested clarifying thresholds by project cost, acreage, or project type.
Commissioners and staff debated fees and oversight. Participants said a $250 permit fee is insufficient for large projects and reported the county's current formula is 3% of total project cost; speakers recommended adding a floor and a ceiling if any percentage approach is retained. Speakers argued a more equitable fee structure should reflect staff time, road impacts, permitting oversight and longer-term monitoring the county must perform when projects affect local infrastructure.
The board reviewed examples and outreach options: look to other counties (Burleigh, Ward, Cass, Oliver, Dunn) for sample language and fee schedules; consult the Association of Counties; and contact neighboring officials with experience permitting projects. Participants also raised the possibility of temporary moratoria while the county develops requirements for novel technologies and facilities.
Specific project types discussed included wind farms (setbacks were modified in the past), electric transmission, solar arrays, bitcoin/data centers and AI/data centers; one commissioner suggested explicitly listing bitcoin and AI centers in industrial permit language. Speakers noted some projects may be subject to state siting or Public Service Commission (PSC) authority, and urged awareness of state-level preemption when drafting local rules.
Several participants recommended studying model ordinances used elsewhere and returning with a draft that defines the size/financial triggers for the industrial permit, scales fees appropriately, and clarifies which facilities fall under the county's industrial conditional-use process.
Ending: The board agreed to continue review; staff were asked to research comparative county ordinances, fee structures, and legal limits, and to return with draft language for further consideration.
