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Commission adopts six-month moratorium on data centers while staff craft ordinance

Bannock County Board of County Commissioners · July 30, 2026
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Summary

Planning staff told commissioners the county ordinance is inadequate for conditional-use review of data centers; the board adopted a six-month emergency moratorium under cited Idaho statute to allow time to draft a new ordinance and directed staff to form an intergovernmental study committee.

Hal Jensen, Bannock County planning director, told the board the county's existing ordinance is inadequate to process conditional-use permit applications for data centers and that recent activity in Pocatello prompted the request for a moratorium. Jensen said the draft language prepared against state statute provides for a six-month moratorium to give staff time to write a new ordinance.

Deputy County Attorney Sean Bowen explained the legal mechanism: "That authorizes us because of the impending peril, to have a 6 month moratorium," and said if more time is needed the county can adopt an interim ordinance under the cited statute with additional public notice. The chair proposed forming a committee including planning staff, a representative from Pocatello's planning department, nearby mayors and outside experts to study infrastructure needs and ordinance language; Jensen agreed that staff need time and research to craft an ordinance that addresses utilities, power, water and discharge concerns.

A commissioner moved to adopt the moratorium title for six months; the board voted by voice in favor. The action was described on the record as an emergency or interim ordinance route tied to state statutory provisions quoted in the meeting.