Converse County rescinds fast-track data center resolution after state Attorney General advice
Converse County reversed its earlier decision to authorize an industrial park intended to fast-track data center development, following advice from the Wyoming Attorney General's office and public outcry. The AG stated the county, lacking zoning provisions, couldn't use the fast-track mechanism, suggesting they instead craft industrial zones under state subdivision laws. This highlights ongoing tension between data center development incentives and local regulatory processes.
Converse County commissioners recently rescinded a resolution that would have allowed for the fast-tracking of data center developments through an industrial park designation. The initial resolution, passed on April 21, referenced a state law that exempts non-mineral processing facilities in designated industrial parks from the state's Industrial Siting Division's certification procedures, which typically involves an 18-month review. This move aimed to attract projects like the prospective Prometheus Hyperscale data center, which could represent a $20 billion investment in the "opportunity zone" county.
However, the commission reversed its decision on Tuesday, following a letter from Converse County Attorney Quentin Richardson, who concurred with the Wyoming Attorney General's office. The AG advised that counties without existing land zoning mechanisms cannot utilize this specific fast-track provision. State Representative Kevin Campbell, R-Glenrock, reported a "panic" among residents between the two votes, as the public feared the county was bypassing environmental and community safeguards.
Commission Vice-Chair Rick Grant defended the original intent, stating the industrial park was not solely for data centers and developers would still need to provide information and studies. He also acknowledged public concerns about data centers' impact on water, noise, and electricity, noting that new facilities propose closed-loop water systems and that Wyoming has natural gas resources. Grant also expressed frustration with Rep. Campbell's characterizations, stating the representative had not consulted the commission.
The Attorney General's office suggested that the county could instead craft industrial zones under state laws authorizing subdivisions, a process that includes extensive public notice and input. This ongoing situation highlights the challenges counties face in balancing economic development incentives with local regulatory control and public participation, particularly in areas without comprehensive zoning.