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Mercer County approves first readings to add data-center definitions, lists data centers as conditional use
Summary
At its Feb. 18 meeting the Mercer County Commission approved first readings to add definitions for “Data Center” and “Digital Asset Mining” to the county zoning ordinance and to list data centers as a conditional use in the Industrial District; the commission also approved two SRF consulting proposals to assist with ordinance updates and data-center application review.
The Mercer County Commission on Feb. 18 approved first readings to amend the county zoning ordinance to add definitions for “Data Center” and “Digital Asset Mining” and to list Data Centers as a conditional use in the Industrial District.
Tax Director and Land Use Administrator Jennifer Neumiller presented a Temporary Use Permit Renewal #670 (Arlen Kurtti) for additional non-farm use as a rental; the commission approved the renewal before proceeding to the ordinance first readings. Commissioners voted to approve Chapter 1, Section VIII (definitions) and Chapter 3, Section IV (Industrial District) as presented; motions were made and seconded and recorded as passing by voice vote.
Neumiller also presented a first-reading update to Chapter 7, Section 1 to reflect required updates to state law (NDCC). The items approved at first reading require additional procedural steps before final adoption under county ordinance rules and state law.
The commission approved two SRF consulting proposals related to zoning: (1) assistance with updating and reformatting the zoning ordinance and subdivision regulations, and (2) assistance with data center application review and processing. The proposal to assist with data center application review passed 4–1, with Commissioner Jamee Folk recording the sole nay vote. A third SRF proposal to create a memorandum of understanding between a data center applicant and Mercer County received no action.
The first-reading vote and the SRF contracting decisions set the county on a path to define how data center and digital-asset-mining applications will be reviewed and processed; additional hearings or readings will be required before any ordinance changes become effective.
