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Washington County commissioners advance draft ordinances for data centers and solar farms, send drafts to Planning & Zoning
Summary
Commissioners reviewed a near‑final draft of solar farm and data center ordinances June 8, focusing on water, energy sourcing, battery storage safety and possible on‑site power (including small reactors). Prosecuting Attorney Pearce recommended adopting baseline rules now and amending later; the draft will go to Planning & Zoning for hearings.
Washington County commissioners reviewed and agreed to forward near‑final draft ordinances for solar farms and data centers to the county Planning & Zoning Board for public hearings, after a June 8 discussion that centered on water, energy and battery‑storage safety.
Chair Jim Harberd said the draft provided a useful starting point and that he wanted the county to move forward. "I think we should go with what you've prepared," Harberd said, urging action rather than prolonged drafting. Harberd opened the discussion and noted the county's concern that Idaho Power has little surplus capacity.
Commissioner Gordon Wilkerson pressed staff to consider federal guidance and to address the potential for on‑site energy generation at large data centers. "If they bring in their own energy source, they've got to obviously follow State and Federal guidelines," Wilkerson said, adding that county draft language should be defensible and that he had seen supporting language from Representative Boyle in the Farm Bill.
True Pearce, the county prosecuting attorney, advised caution about overly restrictive language that might prompt legal challenges. Pearce said an ordinance should provide a solid baseline now and be amendable later: "If you're 98% of the way there happy, let's get it done. ... If somebody else comes up with better code, we can certainly amend this." He warned that a complete prohibition could invite takings claims and litigation.
Bridget Felmley, Planning & Zoning Administrator, asked the Board to consider battery storage provisions and fire‑safety implications for rural fire departments. "My concern with the battery storage is safety," Felmley said, and she requested time to research state and federal fire‑code compliance for battery installations.
Commissioners discussed technical and environmental concerns that informed the draft language: water use and drought impacts, noise and potential localized heating effects from large facilities, and the possibility that developers might deploy on‑site power generation including natural‑gas turbines or, as discussed in conference reports, small nuclear units. Wilkerson and Harberd said much of the detailed regulation would rely on state and federal standards and outside agencies such as the Office of Species, Minerals and Energy Coordination (OSMEC).
The Board asked staff to send the draft to Planning & Zoning for review and public hearings (P&Z meets the following Tuesday), with the expectation the ordinance could be approved this summer and amended later if needed. Commissioners also agreed to seek Commissioner Nate Marvin's input before finalizing the submittal.
Next steps: the draft ordinance will go to the Planning & Zoning Board for public hearings; staff will research battery storage and fire‑safety provisions and bring any recommended changes back to the Board for final action.
