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Mercer County imposes one-year moratorium on data center permits after residents raise concerns
Summary
After residents voiced worries about a proposed NextEra/Basin Electric data center, the Mercer County Commission voted 3-2 on March 3 to impose a one-year moratorium on permitting data centers while zoning definitions and public policy are further considered.
The Mercer County Commission voted 3-2 on March 3 to impose a one-year moratorium on permits for data centers after residents and local officials expressed concerns about a proposed NextEra Energy Resources and Basin Electric project.
Tax Director and Land Use Administrator Jennifer Neumiller conducted a second reading to amend the Mercer County Zoning Ordinance by adding definitions for “Data Center” and “Digital Asset Mining,” which the commission adopted unanimously. The board scheduled a third reading and public hearing on the definitions for March 18, 2026, at 9:45 a.m.
During a public comment period, multiple residents including Michael Berg and Wes Klein urged the commission to preserve local control and delay permitting until written policy and zoning language are in place. North Dakota State Representative Bill Tveit also spoke during the discussion. NextEra Energy Resources Project Director Stephanie Morales responded to questions about the project; States Attorney Todd Schwarz participated in the exchange.
Commissioner Jamee Folk moved to place a one-year moratorium on permitting data centers; Commissioner Steven Guenthner seconded. The moratorium passed with Folk, Guenthner and Commissioner Casey Voigt voting aye and Commissioners Gene Wolf and Rick Bauman voting nay.
The action pauses permitting while the county refines ordinance language and reviews policy implications. County officials did not record specific deadlines for staff work products in the minutes; the next formal zoning hearing is scheduled for March 18, 2026. No final project permit determinations were recorded during the March 3 meeting.
