Missoula County adopts temporary moratorium on data centers

This article was originally published by Montana Free Press.

The Missoula County commissioners Thursday approved a temporary moratorium on data centers, citing the potential impacts on public health and the environment. 

The interim zoning proposal introduced by county staff pauses the development of new or expanding data centers for up to a year while the county updates its regulations to mitigate potential impacts on public health, safety and natural resources. The moratorium applies to zoned and unzoned areas countywide but not the city of Missoula, said Karen Hughes, director of Missoula County’s Planning, Development and Sustainability Department. The city’s new zoning map does not include districts where data centers would be allowed, staff members told the Missoula City Council Wednesday.

The unanimous vote followed comments from 30 members of the public, all in favor of the moratorium, and was met with loud applause from the audience. 

 “I am very pleased that Missoula County today will be at the tip of the spear in the state of Montana and taking a deep breath to take a deliberative, methodical approach over the next year, or potentially more, to assess the impacts of data centers on our communities, on our citizenry and on our county,” Commissioner Dave Strohmaier said before the vote. 

The county must now initiate a study within 30 days to verify an emergency exists and to determine the course of action to mitigate it. 

The county’s current regulations on cryptocurrency mines and data centers were adopted in 2021 in response to energy use and noise problems with a cryptocurrency mine that operated at the Bonner Mill Industrial Park from 2017 to 2020.

The existing rules limit the facilities to “industrial zones,” rather than residential or commercial zones. The county also requires a special exemption for facilities directly next to residential areas, verification that electronic waste will be recycled and a guarantee that sites use new renewable energy that would not otherwise have been brought onto the electrical grid.

Hughes said the current regulations do not adequately address data centers’ potential impacts to water quality and quantity, air quality, heat, noise and vibration. That includes issues related to additional energy infrastructure, water use, wastewater disposal, emissions from generators and the 24/7 low-frequency noise from these facilities, she said. 

County planner Jennie Dixon said the review of a data center proposed for Bonner — which is no longer moving forward after the property owner withdrew support for the project this week — prompted the moratorium proposal. 

Commissioner Josh Slotnick said he is proud of the county’s current zoning, which prevented that data center from being built immediately, and is “pretty darn good circa 2021.” 

“Back then, a data center meant something very different than what it means right now,” he said. “So our purpose, I’m just putting a finer point on it, is to give us some time so we can consider these new impacts that didn’t exist when we did this zoning.” 

While the moratorium does not apply to the city limits, under Missoula’s new zoning code and map, data centers would not be allowed in city limits without going through a rezoning process, city officials told the Missoula City Council Wednesday. Data centers would only be allowed in heavy industrial areas, but there are none designated within the city at this time, said Cassie Tripard, the city’s planning supervisor. A rezoning request would have to be approved by the city’s planning commission and the city council.

“The voice of opposition is loud while supporters of data centers are nearly non-existent,” said local resident Paul Barmore. “Montanans care about our wild lands and our outdoor recreation. We do not value wealthy corporations and their money-making ventures at the cost of our pristine outdoors.” 

Ben Catton, with the Montana Environmental Information Center, said the organization has found that Montanans are overwhelmingly concerned about data centers and their potential demands for energy and water. He said the county’s existing regulations led to a more transparent and public process than is playing out elsewhere in Montana. 

“Thank you very much, Missoula County, for giving a roadmap to others around the state,” he said. “I hope that we can both make these regulations more robust here and that others can be afforded these protections as well.” 

Many members of the public who voiced support for the moratorium called for it to be longer than one year. John Hart, a county civil attorney, said the interim zoning only allows a one-year moratorium, which could be extended for another year with an additional hearing and an explanation for the extension. The county does not have the authority to permanently prohibit data centers, he said. 

In response to data centers proposed in other parts of the state, residents of Butte-Silver Bow and Yellowstone counties are gathering signatures for ballot initiatives that would require voter approval for data center construction. This week, the Yellowstone County Commission directed the county attorney’s office to file a lawsuit asking the District Court to determine if the petition is valid and can continue, the Billings Gazette reported.  

Commissioner Slotnick said it’s likely AI companies will be lobbying state legislators and encouraged members of the public to participate in Montana’s upcoming legislative session in early 2027. 

“You are going to have to exert the same pressure on the Legislature, on our delegation, and go to Helena and write letters and speak your mind and do all the organizing that you’ve done today,” he said. “You’re going to do it again. I’m sorry for that, and I’m really pleased that I know that you can do it.”