Zoning ordinances drafted for data centers, solar facilities in Stutsman County

JAMESTOWN — The Stutsman County Planning and Zoning Commission is preparing a new zoning ordinance concerning solar energy conversion facilities and data centers for the Stutsman County Commission to consider, according to Tyler Perleberg, Stutsman County director of tax equalization and zoning administrator.

In addition, the planning and zoning commission will consider making the development of battery energy facilities and carbon capture conditional uses, which would require developers to bring their projects to the Stutsman County Commission for review before beginning construction.

Public minutes of the planning and zoning commission show members were reviewing the topics last summer. Perleberg said a first draft of the ordinances is under development and could be considered by the planning and zoning commission in January or February, depending on the schedules of its members. If approved, the ordinances would then move on to the county commission for final action.

“The hot topic for everything related to zoning is the setbacks,” he said.

The draft ordinance requires data centers located at least 2 miles from any dwelling, school, park or place of religious assembly. In addition, any data center must be at least 3 miles from any other data center.

The draft ordinance requires data centers to be surrounded by security fencing and meet standards for lighting and exterior facades.

As part of the application process, the developer would be required to submit an acoustic study and indicate any planned noise mitigation efforts, such as sound walls or baffles.

“Data center noise and lighting are the biggest issues we hear about,” Perleberg said.

The proposed ordinance regarding solar farms also requires a security fence and gates around the facility to prevent intrusions. All facilities would have to be at least 100 feet from any property line and a half mile from any occupied residence. Solar farm facilities would also be required to be at least 165 feet from a township road and at least 250 feet from any county, state or federal highway.

The proposed ordinance would apply only to commercial solar energy facilities and not to residential, commercial or agricultural solar energy collection.

Perleberg said the meeting of the planning and zoning board to consider the proposed ordinances has not been scheduled yet but hoped it would be in the first two months of 2026, depending on zoning board members’ schedules.

Any zoning ordinance passed by the Stutsman County Commission only applies in townships that do not have their own zoning ordinances.

Perleberg said most townships in the Jamestown area have their own zoning board and could write their own ordinance, adopt the county ordinance or not have any ordinance at all.

“Mostly, the county ordinance would apply in remote areas,” he said.

Stutsman County is already the home to Applied Digital’s data center located north of Jamestown. That data center is located in Midway Township, which has its own zoning authority.

“We are trying to be proactive,” Perleberg said. “If we ever get a phone call saying someone is looking at coming here, we want to have something in place.”

Stutsman County Commissioner Amanda Hastings, a planning and zoning commission member, said the zoning process walks a fine line.

“We are looking to protect the people of Stutsman County,” she said, “and still keep the options open for future growth while protecting our culture.”

If passed, the data center and solar farm zoning ordinances would join confinement feed lots, wind farms, crew camps and medical marijuana zoning ordinances on the books in Stutsman County.

The Stutsman County Planning and Zoning Commission includes chairman Brian Amundson, Duane Andersen, Joseph Heupel, Jamestown City Council members David Steele and Pam Phillips, Stutsman County Commissioner Levi Taylor and Hastings.