Why Yellowstone County Wants Court Review of Data Center Plan
Yellowstone County has asked a district court to review whether a proposed ordinance requiring voter approval for new and existing data centers is valid under Montana law. The county says the measure may improperly create a land-use permitting system, affect legal existing operations, and impose overly broad disclosure requirements.
The Yellowstone County Board of County Commissioners approved legal action seeking judicial review of Proposed Ordinance 2026-02 before it can proceed through the initiative process. If placed on the May 4, 2027, ballot and approved by two-thirds of participating voters, the measure would require countywide voter approval for new data centers, expansions and the continued operation of existing facilities.
Yellowstone County says the proposal may conflict with Montana law by creating a zoning and permitting system through a countywide vote. It also questions provisions requiring existing data centers to seek voter approval and mandating disclosure of communications involving county employees and the data center industry. The county cited a recent Montana Supreme Court ruling involving a proposed wind-energy ordinance as support for its concerns.
The legal review comes as Big Sky Digital Infrastructure advances plans for the proposed Big Sky Campus near Broadview, including a closed-loop cooling system and water use from the Madison Group Aquifer. County officials emphasized that the legal action addresses the ordinance's validity and does not take a position on the merits of data center development.