Data Center Petition Filed, But Faces Detour
A citizen petition for a data center ordinance in Yankton County, South Dakota, will be reviewed by the Planning and Zoning Commission rather than going to a public vote, following a legal interpretation of the applicable statute. The petition seeks to balance data center benefits with resident protection, while the county already has a six-month moratorium in place. The P&Z Commission will make recommendations to the County Commission on whether to adopt, modify, or reject the proposed ordinance.
A citizen-led petition in Yankton County, South Dakota, aiming to establish a comprehensive data center ordinance, will be routed to the Planning and Zoning (P&Z) Commission for review rather than directly to voters, according to a legal opinion from Yankton County State’s Attorney Tyler Larsen. Larsen informed the P&Z members that the petition, initially based on a statute for county legislative acts (Chapter 7-18A), should instead follow land-use ordinance procedures under Chapter 11. This reclassification means the petition requires signatures from 20% of landowners, not 5% of county voters, and will be considered by the P&Z before any recommendation is made to the County Commission.
The proposed ordinance outlines various requirements, including permitting, siting, utility notifications, noise, signage, structural standards, access, and decommissioning. Currently, Yankton County has a six-month moratorium on data centers, enacted by the County Commission to allow time for zoning ordinance revisions. P&Z Chairman Sam Hummel emphasized the need for thorough study of the complex issue, while other P&Z members, including Don Kettering and Kelly Kneifl, raised concerns about modifications to the original petition and the timeline, especially given the ongoing moratorium.
State’s Attorney Larsen clarified that P&Z’s potential rejection of the ordinance would not necessarily end the process, as the County Commission retains final authority to accept or reject it. The P&Z board agreed to hold a public hearing on the matter at their September 8 meeting, with members like Tim O’Hara advocating for prompt action to develop an ordinance. There was also discussion about extending the current six-month moratorium to 12 months, as permitted by state law.