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Data center ordinances move to Clayton County Board of Supervisors for review
Clayton County

The Clayton County Planning and Zoning Commission held a public hearing Sept. 15, where it received public input on its newest drafts of prohibitive and restrictive ordinances relating to data centers and similar structures.

The draft ordinances were developed through monthly workshops and updated following previous public hearings in April and July.

Nearly two dozen members of the public attended, with six individuals providing comments.

Larry Stone, who submitted his comments in writing in advance, suggested several changes to strengthen the restrictive ordinance, including additional protections for water, recreational areas, sinkholes and culturally significant sites. He also suggested limiting data centers to industrial districts and providing no tax breaks for their development.

Jack Knight supported Stone’s suggestions and said he felt the ordinance would give county officials the tools needed if a data center proposal comes forward.

“Clayton and Allamakee counties are kind of ahead of the curve statewide, and we set a really good example here,” Knight said. “If you do get a proposal, this ordinance will give your supervisors and this board here all the tools you will need to deal with that proposal. It’s like dealing yourself a hand with all aces.”

Knight called the ordinance a good example of local control and governance. He did question whether the section related to rate protections may be an issue with the Iowa Utilities Commission.

Other comments included Laura Elsinger suggesting facilities be limited to two acres and spaced 10 miles apart to help preserve the county’s rural landscape.

Lucy Sharp supported extending the current moratorium.

Nate Elsinger spoke in opposition to data centers more broadly, citing concerns regarding environmental and economic impacts along with unknowns surrounding AI.

Following the public hearing, commission member Lacey Ludovissy said she felt the restrictive ordinance was ready to move forward.

“I think it’s a fairly solid ordinance,” Ludovissy said. “I think we should move forward and see what the board of supervisors has to say about it as well.”

Ultimately, the commission voted to forward both the prohibitive and restrictive ordinances to the Clayton County Board of Supervisors for review.

At the board’s Sept. 22 meeting, supervisors discussed their plans for reviewing the ordinances and moving the process forward. Chair Ray Peterson recognized the concerns brought forward by members of the public and directed Planning and Zoning Administrator Caytee Jones to send the drafts to County Attorney Zach Herrmann for review.

“I think we need more time to review and learn before we set a public hearing,” said Supervisor Doug Reimer. “We have a lot of work to do on this.”

For now, the topic was tabled, with plans to hold workshops for further discussion after the county attorney’s review. Public hearings will be set once supervisors have had sufficient time to review the draft ordinances and learn more about the topic.

The board also discussed the timeline moving forward and indicated it may consider extending the current moratorium due to the time needed for review and the multiple public hearings required before an ordinance could be adopted.