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Planning board discusses permit-fee overhaul, data-center comment deadline and CO2 hearing reschedule
Summary
Staff presented a draft permit-fee schedule that would use a conditional-use flat fee plus building-permit percentage and an admin fee; the board asked for further analysis. Staff also announced an April 8 deadline for data-center ordinance comments and rescheduled a CO2 hearing after a missed newspaper notice.
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Oliver County planning staff brought several administrative items to the board on Tuesday, including a proposed overhaul of permit fees for industrial projects, a data‑center public‑comment deadline, and a rescheduled hearing for a CO2 (air‑capture) ordinance.
Permit fees: Staff presented options used by other counties — examples included percentage-of-construction-cost charges (with a cap), per‑acre surcharges, and a proposed $1,000 nonrefundable administrative fee to cover review costs. Board members debated whether the conditional‑use application should carry a nonrefundable flat fee while the building permit carry a percentage tied to project cost so that larger projects pay proportionally more.
No fee structure was adopted. Staff will compile samples from other counties and present recommended flat‑fee and percentage options at the next meeting.
Data-center public comment: Staff said the state's attorney is drafting the data‑center ordinance and opened the public comment window; comments may be emailed to c33s@nd.gov and must be received by April 8 at 5:00 p.m. to be considered in the drafting process.
CO2 ordinance: The board postponed the scheduled CO2 ordinance public hearing because the required second weekly newspaper publication was not printed; by law the hearing must be re‑noticed and will be scheduled for a future meeting once legal-notice requirements are met.
Comprehensive plan: Staff reported the county’s comprehensive plan update (with SRF consulting) is near completion and recommended a dedicated public‑input meeting or special meeting in June to maximize farming‑season participation.
Next steps: staff will refine the permit‑fee spreadsheet with suggested fee amounts, repost data‑center comment instructions, republish notice for the CO2 ordinance and propose dates for a comprehensive‑plan public hearing.

