Washington County asks prosecutor to draft ordinances to limit large data centers and regulate solar farms

Chair Jim Harberd and Commissioner Gordon Wilkerson instructed county legal staff to draft zoning and ordinance language intended to limit large, resource-intensive data centers and to regulate industrial-scale solar farms.

The discussion began when Bridget Felmley, Planning and Zoning Administrator, said parcels near the Weiser Municipal Airport were being marketed as potential data sites and asked what the county should address. Robert Peterson, Washington County IT director, outlined cooling and water-use concerns for large facilities and provided examples of different cooling systems and their potential water consumption and localized temperature effects. "One of the reports that I saw was in Texas..." Peterson said, summarizing research on cooling types and impacts.

Commissioner Gordon Wilkerson pressed for specific regulatory tools, including setbacks from residences, prohibitions on installation over A-1 tillable soil with irrigation rights, size limits and requirements related to energy self-sufficiency. "What I don't want to see, me personally... I don't want to see a 64,000 acre data center come in," Wilkerson said, urging limitations on mega facilities and protecting agricultural land and water rights.

Prosecuting Attorney True Pearce advised that counties can adopt safety- and health-based regulations and zoning restrictions (setbacks, conditional-use requirements), but that an outright ban could be legally vulnerable. Pearce said the county can address issues such as noise, fire, health hazards and proximity to residences and recommended a conditional-use approach supplemented by baseline ordinance restrictions. "Oh, you absolutely can. So, anything that has to do with safety, fire, health, hazards, noise, pollution, things that are going to affect your population," Pearce said.

Commissioners and staff identified specific items they want addressed in draft language: definitions for different kinds of data centers (micro/mini vs. mega), cooling system types and associated limits, restrictions on placement in floodplains or on high-quality irrigated agricultural soil, minimum setbacks from residences, power and grid-impact analysis, decommissioning and bonding requirements for solar farms, and whether to require on-site energy self-sufficiency or restrictions on water-cooled systems. Peterson noted some proposed large facilities use closed-loop systems but cautioned even closed-loop systems may affect local water temperatures; Wilkerson raised concerns about nitrates and other environmental impacts.

Pearce agreed to draft ordinance language and said he would work with Felmley and Planning & Zoning following their meeting that evening. The Board asked for a draft to review in the coming week. Commissioners emphasized they are not seeking an outright ban on small-scale facilities but want strong limits on large, resource-intensive installations and mechanisms to protect agricultural land and water rights.

Next steps: Pearce will prepare draft ordinance language and coordinate with Planning and Zoning staff; the county will consider scheduling public hearings once draft language is prepared.

Ending: The Board recessed at 12:05 p.m. and is scheduled to reconvene June 1, 2026, when further discussion and follow-up on ordinance drafts are expected.