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Kootenai County approves 182‑day emergency moratorium on data centers to protect aquifer and review permitting
Summary
The Board of County Commissioners voted to impose a 182‑day emergency moratorium on building permits for data centers so staff can draft a conditional‑use permitting process and study water, utility and environmental impacts; local health and aquifer groups supported the action.
Kootenai County commissioners on Feb. 27 approved a 182‑day emergency moratorium on data centers to halt routine building permits while Community Development drafts a permitting process that would allow the county to condition such facilities.
David Callahan, Director of Community Development, told the Board the moratorium is intended to give staff time to "work up a draft concept of processing these data centers by by a special use or conditional use permit." Callahan said that without such a process, the county must currently treat many data‑center projects as by‑right building permits and cannot impose site‑specific conditions.
Public commenters and two county partner organizations urged the moratorium. Susanne Scheidt, representing the Aquifer Protection District (APD), told commissioners APD "supports the emergency moratorium for the data center" citing concern that cooling practices could degrade aquifer water quality; the APD letter was entered into the record as Exhibit B1000. Jenny Graham of Panhandle Health District's Aquifer Protection Program also testified in support and said regulators and the public lack sufficient information about chemicals, wastewater and cooling practices at these facilities. Graham said areas that could host large data centers are often located directly over the Rathen Prairie aquifer and that gaps at the state level leave water protection incomplete without local oversight.
Tim Volas, speaking for the Rathen Prairie community, said the community is concerned about water quantity for future development and agriculture and noted the cumulative water use of housing and potential large data centers.
Commissioners discussed resource and utility impacts and the need for local permitting controls. Commissioner Eberlein and Commissioner Duncan supported giving Planning and Community Development staff time to develop a conditional‑use process and appropriate standards. Chair Metoyer moved the motion, and commissioners voted: Commissioner Eberlein — Aye; Commissioner Duncan — Aye; Chair Metoyer — Aye. The motion carried.
County staff noted they would draft a resolution to memorialize the moratorium and bring it to the Board at the next business meeting (scheduled Tuesday). The moratorium was announced as beginning on the date of the vote, Feb. 27, 2025, and will last 182 days unless superseded by subsequent Board action.
