Box Elder County approves interlocal agreement with MIDA and consents to Stratos project area amid loud public protests

The Box Elder County Commission voted unanimously on May 4 to approve an interlocal cooperation agreement with the Military Installation Development Authority and to consent to including private land in MIDA's Stratos Project Area, clearing a key procedural step for a proposed data‑center and energy generation complex.

Chairman Tyler Vincent opened the special meeting at 4:00 p.m. at the Box Elder County Fairgrounds Fine Arts Building in Tremonton, saying the venue change was made to accommodate an estimated 1,000 people. He told the crowd there would be no public‑comment period at the meeting and said written comments could be submitted on the county website; he added the county had received more than 2,500 comments on the proposal, of which 262 were from county residents. "We love the Box Elder County residents and appreciate them being here today," Vincent said, and warned that persistent disruptions could lead to removal by law enforcement or relocation of the meeting to a video conference.

Why it matters: The votes allow Box Elder County to enter a binding agreement with MIDA that defines what municipal services the county will provide, what limits MIDA must follow inside the project area, and how MIDA will remit local revenue to the county. Backers say the project will generate jobs, infrastructure investment, and new tax revenue; opponents raised concerns about water quality, air emissions, and local control.

What the county heard: County Attorney Stephen Hadfield told the commissioners that state regulators will require air‑quality approvals and, depending on equipment, potentially a Title V operating permit, with engineering review and a public comment period that typically takes 150–200 days. On water, Hadfield said the Utah Division of Drinking Water expects any data center and power plant to operate a separate public water system sourcing from independent wells, with treatment, storage, certified operators, inspections and regular reporting to meet Safe Drinking Water Act obligations.

Chance Baxter, general manager of the Bear River Water Conservancy District, said the district reviewed the Bar H Ranch water‑right change request (application #13‑4148) from a basin‑hydrology perspective and concluded it does not represent water the district or nearby municipalities rely on. He said the groundwater at Salt Wells is "naturally salty and highly mineralized. It is unsuitable for drinking or long‑term irrigation," and that usable groundwater in the valley is limited.

Outside counsel Adam Long of Smith‑Hartvigsen, retained by the county, said the interlocal agreement places explicit limits on development inside the project area: no residential development (except short‑term construction worker housing tied to active construction), limits on hotel rooms (no more than 150 total), requirements for closed‑loop cooling at data‑center facilities, noise limits at the project boundary, and restrictions on development adjacent to Interstate 84 until a threshold of data‑center space is constructed. Long said MIDA has committed to a revenue program that includes a municipal energy tax, telecommunications and transient‑room taxes, and the point‑of‑sale portion of the local sales tax. Long told commissioners that the first phase of the project using current estimates would produce roughly $30 million in annual revenue to the county and that full buildout could produce about $108 million annually; he also said the master developer would make three upfront payments of $5.4 million each to help offset early impacts.

Commissioners' rationale and votes: Commissioner Lee Perry moved to untable the two resolutions and later moved to approve them after deliberation. Commissioner Boyd Bingham seconded both motions. Deputy County Attorney Anne Hansen explained that Resolution #26‑12 approves the interlocal agreement (Interlocal Agreement #26‑15) while Resolution #26‑11 is the county's statutory consent to include private land in MIDA's Stratos Project Area; she emphasized that those votes are procedural and do not authorize construction. On roll call the three commissioners present—Chairman Tyler Vincent, Commissioner Boyd Bingham and Commissioner Lee Perry—each voted "Yea," and both resolutions carried unanimously.

Claims and safeguards recorded in the agreement: The interlocal agreement requires that data‑center cooling systems be closed‑loop and prohibits residential development in the project area; it sets a cap of 150 hotel rooms, requires dark‑sky compliance in MIDA's development standards, and requires MIDA to assure the county a minimum revenue floor tied to installed generation (MIDA agreed to adjust its municipal energy tax to meet a minimum $10,000 per megawatt-per-year revenue threshold under the agreement). The agreement also contemplates ongoing reporting from MIDA about energy generation, energy used by customers, construction workforce size, permanent employment, building square footage and timing; those annual reports must be delivered to the county by July 1 for the preceding year and may be treated as confidential under state records law.

Next steps and context: Approval of the interlocal agreement and consent resolution does not grant building permits or environmental approvals. Hadfield and county staff noted that construction and operation will require separate permitting and regulatory approvals from state agencies (air, water, and other permits) and that full buildout could take years. The commission adjourned at 5:06 p.m.

Votes at a glance: Resolution #26‑12 (approve Interlocal Agreement #26‑15 with MIDA): Motion by Commissioner Lee Perry; second by Commissioner Boyd Bingham; roll call—Tyler Vincent Yea, Boyd Bingham Yea, Lee Perry Yea; outcome: approved. Resolution #26‑11 (consent to inclusion of private land in MIDA Stratos Project Area): Motion by Commissioner Boyd Bingham; second by Commissioner Lee Perry; roll call—Tyler Vincent Yea, Boyd Bingham Yea, Lee Perry Yea; outcome: approved.

What to watch for: formal permit filings with the Utah Division of Air Quality and the Division of Drinking Water (both discussed at the meeting), public comment periods tied to those permits, the county's receipt of the three upfront payments and the first year of municipal energy tax receipts, and any future county zoning changes for the surrounding area.