Data center activity in North Dakota
North Dakota's main challenge is local moratorium activity, with at least 23 enacted, although at least nine proposals were voted down. Once projects reach zoning, they tend to succeed, with at least seven approvals against one denial and at least four projects approved despite opposition. Legal exposure appears limited, with at least three lawsuits reported. At least 31 companies are active, and the state compares favorably to neighboring Minnesota, where opposition and litigation are far more consequential.
North Dakota's main challenge is local moratorium activity, with at least 23 enacted, although at least nine proposals were voted down. Once projects reach zoning, they tend to succeed, with at least seven approvals against one denial and at least four projects approved despite opposition. Legal exposure appears limited, with at least three lawsuits reported. At least 31 companies are active, and the state compares favorably to neighboring Minnesota, where opposition and litigation are far more consequential.
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The Harmony Township Board of Supervisors canceled a special meeting that was scheduled to hear public comments and vote on six proposed moratoria, including a moratorium on data centers. The meeting was canceled before any vote occurred.
Harmony Township officials canceled a meeting that was scheduled to consider a possible two-year development moratorium. Geronimo Power says the moratorium could delay its proposed data center and related energy projects, which are expected to generate significant tax revenue and jobs, while the data center remains under conditional-use review.
The Williams County Commission unanimously rejected a resident’s request to amend the county’s data center ordinance. The proposed changes would have required environmental, water, noise, cultural and other studies before future data center zoning approvals, but commissioners said the existing ordinance provides sufficient flexibility to impose such conditions on individual projects.
Harmony Township canceled hearings and votes on proposed 24-month energy moratoria after opponents challenged the legality of the proceedings, citing inadequate public notice and alleged open-meeting violations. Geronimo Power CEO Blake Nixon offered to pause the company’s data center application for six months instead of imposing a two-year ban.
Mandan commissioners approved ballot language and selected one polling location for a Dec. 15 special election on data center development. The measure would prohibit large-scale or multiple data centers with a combined electrical demand of 25 megawatts or more in certain areas under the city's zoning authority.
Geronimo Power President Blake Nixon is urging more public discussion before Harmony Township considers a proposed 24-month moratorium on data centers and other electrical infrastructure. The company has applied for a conditional use permit to build the Harmony Energy Park, including two data center buildings, near the Bison electrical substation in Cass County.
Geronimo Power is opposing a proposed two-year development moratorium in Harmony Township, North Dakota, saying it could delay energy investments and jeopardize the company’s proposed data center. The data center is undergoing conditional-use review, with a township vote on the moratorium scheduled for Thursday.
Geronimo Power President Blake Nixon criticized Harmony Township’s process ahead of a vote on a proposed two-year development moratorium. Nixon said the moratorium could delay energy investments in the township.
North Dakota’s interim Artificial Intelligence and Data Center Committee advanced a proposal focused on AI consumer protections and creation of a state Artificial Intelligence Council. The committee also continued considering potential data center regulations and left a separate chatbot bill for further work.
North Dakota’s interim Artificial Intelligence and Data Center Committee advanced a proposal for AI consumer protections and a state Artificial Intelligence Council. The committee also continued considering separate regulations for data centers, with no final action reported.
The North Dakota Monitor reports that legislation related to data centers is beginning to develop in North Dakota. No specific bill, project, company, or legislative action is described in the available text.
Divide County officials reviewed data center zoning rules after touring a large facility in Ellendale. County leaders are considering whether existing ordinances, which focus on cryptocurrency mining, should be updated to address newer artificial intelligence data centers, including issues such as noise and taxation.
Harmony Township is weighing a proposed pause on data center development. Geronimo Power says a proposed data center near Mapleton could generate billions of dollars in investment, while township officials consider whether to halt or restrict development.
Former Harmony Township Board Chairman Tom Roden is disputing allegations that he manipulated zoning rules to support Geronimo Power's proposed 540-megawatt data center. His attorney says Roden disclosed his land negotiations before resigning, while the township board is preparing to consider six proposed 24-month moratoria that would halt data center and other energy-related development.
The Bismarck-Mandan Chamber plans to host a community forum about the ongoing debate over data center development in North Dakota. The forum will provide residents another opportunity to discuss the issue.
Grand Forks-area legislative candidates offered differing views on how North Dakota should regulate data centers, including transparency, utility costs, water use and local zoning control. The Legislature recently rejected a proposal to ban nondisclosure agreements between data center developers and government entities, while some candidates support a temporary moratorium or stronger requirements for infrastructure and consumer protections.
Candidates for Grand Forks-area District 43 legislative seats offered sharply different views on data center development. Democratic candidates Tyler York and Lukas Maughan support aggressive state action and a temporary pause on approvals, while Republicans Jill Chandler and Mike Holmes favor caution and local control with safeguards for electricity, water, noise and permitting.
The North Dakota Public Service Commission will hold a public hearing in Casselton on Geronimo Power’s proposed Harmony Storage battery project. Geronimo Power is also seeking to build a data center in Harmony Township that could initially use up to 540 megawatts, but that data center is not the subject of the hearing.
The discussion supports legislation that would prohibit data center companies from seeking nondisclosure agreements. The speaker argues that greater transparency would benefit the public and says data center developers should have nothing to hide.
Radio host Jay Thomas supports legislation that would prohibit data center companies from seeking nondisclosure agreements. The discussion is a general policy opinion and does not identify a specific project, company, or location.