Burnett County takes proactive steps on data center zoning

Burnett County, Wisconsin, is moving proactively to establish a local zoning framework for potential large-scale data center developments, aiming to preserve county-level control over such projects. The Land Use and Information Committee, chaired by Craig Conroy, initiated a review of a proposed "I-2 Energy Industrial District" zoning classification during its May 5 meeting. This new ordinance is specifically designed to set standards for large data centers and other energy-intensive industrial facilities. The county's initiative is driven by a desire to be prepared for future proposals and prevent state preemption, a trend seen in Wisconsin and other states where state laws can override local zoning decisions for large energy and industrial projects. While recent state data center legislation did not pass, committee members believe the issue will resurface. They also referenced a similar process in a Milwaukee-area municipality that faced significant community opposition to a data center proposal, leading them to adopt a similar proactive approach. The proposed I-2 district would function as a "floating zone," requiring a formal rezoning process that would involve approval from relevant town boards and ultimately a vote by the entire Burnett County Board, rather than a conditional use permit. This legislative act would grant the county broader discretion and ensure community involvement. The draft ordinance also covers large-scale solar and battery storage facilities. The committee opted to continue refining the language, anticipating the ordinance will be brought forward in the coming months, with no public hearing scheduled yet.