Weld County adopts new rules for data centers after lengthy public hearing

WELD COUNTY, Colo. — The Weld County Board of County Commissioners on April 6 adopted Ordinance 2026‑01, establishing countywide zoning and permitting rules for data centers after an extended public hearing and revisions from planning staff.

The ordinance, approved on a 4‑1 roll call vote, defines “data centers” as buildings housing IT and telecommunications equipment — including associated structures — with backup power generation under 50 megawatts; requires proof of water availability and a will‑serve letter from an electricity provider; and sets measurable noise limits at the property line. Commissioners Perry Buck, Lynette Pepler, Kevin Ross and Jason Maxi voted to approve; Commissioner Scott James voted no.

Why it mattered: Supporters said the county needed a clear, predictable framework for a land use that is already being proposed in the region. “Approving this ordinance creates a level playing field,” business and planning advocates told the board, arguing that known rules reduce regulatory uncertainty. Opponents warned of potentially large local impacts — especially on water supplies, noise, and property values — and urged a delay or stronger safeguards.

What the ordinance does: Planning staff presented a refined draft after public outreach and technical review. Maxwell of planning services summarized the core components: a clear definition of data centers; limits on where they can be located; and standards for permitting and mitigation. Staff said the county’s role is limited to zoning, site‑specific impacts (traffic, drainage, lighting, noise) and ensuring applications include documentation that utilities or water providers can serve the proposed project. Maxwell told the board staff “recommends approval of this ordinance as presented.”

Public concerns: More than two dozen commenters spoke during the hearing. Residents and environmental groups focused on water consumption and long‑term impacts, citing examples of large facilities elsewhere and asking for closed‑loop or dry cooling systems. Multiple speakers also raised noise and health concerns; experts and residents urged more precise monitoring and baseline studies. Others cautioned that state and utility regulators — not the county — control some aspects (air, water quality, and electric‑rate protections).

Staff and board changes: In response, staff added or clarified several items: requiring a written electricity will‑serve letter for the serving provider; requiring demonstration of water availability “in accordance with the Colorado statute” (as cited in the ordinance); and setting a C‑weighted noise cap of 65 dBC measured at the subject property boundary while retaining Chapter 14 DBA limits as the County’s noise reference. The board also agreed that Use by Special Review (USR) will apply in the I1 zone, and that an administrative site plan review (SPR) would be used in I2 and I3 districts.

On scale and thresholds: Commissioners discussed treating facilities by electrical intensity: small facilities (0–19 MW) would use site plan review in industrial zones; medium facilities (20–49 MW) would face more scrutiny; and facilities that rely on on‑site generation above 50 MW would trigger a separate, higher‑level review process (a 1041 review under county code), consistent with thresholds used for large power facilities.

Enforcement and monitoring: Several commissioners urged that applicants perform baseline noise studies and accept a monitoring period after startup. Staff said the county would enforce the ordinance’s noise and operational standards and noted existing complaint and enforcement paths. Environmental Health staff clarified that disposal of any treated water or specialized waste streams would be handled according to state rules and dependent on the waste characterization.

What’s next: Staff said decommissioning language (to ensure land and equipment are appropriately addressed if a site closes) would be adapted from the county’s existing solar/wind decommissioning provisions and brought back for further work. The ordinance applies only to unincorporated Weld County; municipalities retain authority within their borders.

The vote: The ordinance passed on final reading, with four commissioners in favor and one opposed. Board materials and the final ordinance text will be published on the county website. The county’s planning staff said they will continue to consult with utilities, environmental health and other regulators as individual project applications follow the new rules.

— Reporting from the April 6, 2026 meeting of the Weld County Board of County Commissioners. The board set the new code to take effect as provided in the ordinance text; any future 1041 or site‑specific permit applications will follow the processes described in the adopted code.