Stutsman County Approves Zoning Ordinance for Data Centers, Battery Storage, Carbon Capture

The Stutsman County Commission unanimously approved on Tuesday, Feb. 3, amendments to the county zoning ordinance for data centers, battery energy storage and carbon capture facilities. The changes set new setback distances, require buffering and security measures, and route battery storage and carbon capture projects into a conditional-use review process that gives local officials case-by-case control.

Under the ordinance, data centers must be located at least 2 miles from any building or structure, and new data centers must be at least 3 miles from any existing data center. The commission adopted those distances after a local survey of residents within 2 miles of Applied Digital’s data center about 7 miles north of Jamestown, with respondents reporting issues with sound and light. Tyler Perleberg, the county's director of tax equalization and zoning administrator, said, “I thought, you see in those responses, it was very, very appropriate to put into the ordinance a 2-mile setback for data centers just to kind of cover a little bit more protection for those residents that have to live around those things,” and the reporting notes that some respondents wanted the setback distance to be further.

The ordinance includes explicit language for buffering and screening and security fencing around the facility. A road maintenance agreement with any entity having jurisdiction over adjacent exterior access roads may be required during installation or construction, or during modification of an existing data center beyond routine maintenance. For battery energy storage systems and carbon capture projects, the county approved allowing developers to apply for conditional use permits. “Allowing companies planning a battery energy storage or carbon capture facility to apply for a conditional use permit allows the Stutsman County Planning and Zoning Commission to place conditions on those projects on a case-by-case basis. The county commission would need to give final approval for the conditional use permit.”

The move follows planning work earlier this year. IDCNova reported that “the Stutsman County Planning and Zoning Commission is developing the first draft of these ordinances,” and that “A formal meeting to consider the proposals is anticipated in the first two months of 2026, pending member schedules.” County Commissioner Amanda Hastings framed the policy balance this way: “We are looking to protect the people of Stutsman County and still keep the options open for future growth while protecting our culture.” If enacted in full, the new ordinances would join existing county regulations governing wind farms, feedlots, and other specialized land uses.

The commission also approved tabling proposed amendments to the county zoning ordinance for commercial solar energy conversion facilities, leaving solar-specific rules for further discussion. The action preserves a local review pathway that can shape where energy-intensive facilities locate, how they mitigate impacts, and what conditions developers must meet before breaking ground.

For residents, the practical effects include a larger protected radius around homes near data centers, clearer requirements for buffers and fencing, and notification chances through conditional-use proceedings for battery storage or carbon capture projects. Watch Stutsman County Planning and Zoning Commission agendas and county commission meeting notices for next steps, requests for the official ordinance text, and any conditional-use applications that would trigger public hearings.