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Box Elder County approves interlocal agreement with MIDA, commissioners vote 3-0
Summary
After presentations on water, air quality and fiscal safeguards, the Box Elder County Commission voted unanimously May 4 to approve an interlocal cooperation agreement with the Military Installation Development Authority (MIDA) governing the Stratos Project Area.
The Box Elder County Commission voted unanimously on May 4 to approve an interlocal cooperation agreement with the Military Installation Development Authority (MIDA) that establishes land-use standards, service responsibilities and a revenue-sharing framework for the Stratos Project Area.
Commission Chairman Tyler Vincent opened the meeting, saying the county had received "over 2,500 comments, questions, and concerns regarding the data center. Of those, 262 were from county residents." After presentations from county counsel, outside counsel and technical experts, Commissioner Lee Perry moved to approve Resolution #26-12 adopting Interlocal Agreement #26-15; Commissioner Boyd Bingham seconded and the motion carried on a roll-call vote—Chairman Vincent Yea, Commissioner Bingham Yea, Commissioner Perry Yea.
The agreement assigns MIDA exclusive land-use police powers within the project area while requiring MIDA to provide municipal-style services and remit specified tax revenues to the county. Outside counsel Adam Long told the Commission the pact includes limits on what MIDA may do inside the project area, including a prohibition on residential development, mandatory closed-loop cooling systems for data centers, dark-sky standards, caps on certain development until phased thresholds are reached, and the county's ability to recommend members to a development review committee.
"MIDA has promised with the first phase about 30 million dollars in annual revenue to the county with about 108 million dollars revenue at full build out," Long said, describing estimates that helped frame the county's decision. Long also said the master developer will make three upfront payments of $5.4 million each to help offset early impacts.
Deputy County Attorney Anne Hansen advised the Commission that approving the interlocal agreement does not itself authorize construction; rather, it records the negotiated terms between the county and MIDA and is one step in a multi-stage permitting and review process governed by state law. The county expects future permit applications and state reviews under air and water statutes described at the meeting.
The Commission adopted the resolution as presented and filed the executed agreement with the county clerk as required by Utah's Interlocal Cooperation Act. The agreement takes effect as specified in the resolution.
What's next: MIDA, the master developer and any future applicants must pursue state permits (air, water, discharge) and any required construction approvals. The interlocal agreement sets expectations for municipal services, reporting and revenue remittances while leaving permitting and construction decisions to subsequent regulatory and administrative processes.
