Ida County’s proposed data center ordinance is getting a legal overhaul before it can move forward — and county supervisors say protecting residents remains their top priority.
After months of public meetings and workshops, the Ida County Board of Supervisors is awaiting a revised draft ordinance from Des Moines attorney Maria Brownell of the Ahlers & Cooney law firm.
Board Chair Devlun Whiteing tells Storm Lake Radio the county hired the firm to make sure its proposed restrictions can withstand legal challenges.
During an Oct. 27 board of supervisors meeting, Brownell raised concerns about language that could conflict with state regulations, particularly those governing water and electricity.
The Iowa Department of Natural Resources oversees water withdrawal permits, while the Iowa Utilities Commission has regulatory authority over certain electric utility matters. Counties retain authority over local land use and zoning.
Whiteing says he’s relieved the county sought legal guidance before moving forward.
Whiteing says supervisors have emphasized four priorities throughout the process: water consumption, electrical demand, public safety and protecting neighboring property owners from noise and other disturbances.
The October working draft would limit data centers to industrial-zoned property, cap facilities at 25 megawatts per parcel, require closed-loop or other non-evaporative cooling systems and establish standards for noise, farmland protection and eventual decommissioning. Developers would also face requirements involving independent environmental studies, infrastructure costs and emergency response planning.
However, those provisions remain subject to legal review and could change.
One decision supervisors have already made is that they want direct involvement in approving any future project, rather than leaving those decisions solely to planning and zoning officials.
Whiteing says that would also allow the county to negotiate additional protections through project-specific agreements.
Whiteing says the county hopes to receive Brownell’s revisions this week. Supervisors would review the changes before forwarding the proposal to the Ida County Planning and Zoning Commission, which would hold another public meeting.
The ordinance would then return to supervisors for consideration. Whiteing says the board intends to hold all three readings, rather than waive them, and hopes to schedule meetings at different times to accommodate more residents.
Meanwhile, uncertainty surrounds PathOne Data Centers, which previously expressed interest in locations near Galva and Arthur.
Whiteing says the proposed Arthur site may conflict with the draft’s floodplain restrictions, although he has not confirmed that determination. He also says he’s heard indirectly that PathOne may be concentrating on other northwest Iowa locations, but the company has not formally withdrawn its interest.
In nearby Sioux County, supervisors approved data center regulations and voted 4-1 to lift their moratorium Oct. 27. PathOne has been exploring a potential project near Hull, but no specific development was approved by that vote.
Whiteing emphasizes that Ida County has received no formal project applications and says the ordinance is intended to protect the county regardless of which company might eventually apply.
Ida County’s indefinite data center moratorium, enacted June 30, remains in place while supervisors finalize the regulations.
