April 15th, 2025

OLIVER COUNTY PLANNING & ZONING Commission was called to order at 6:00 pm.

The Pledge of Allegiance was recited.

Roll Call was held. Members present were Lonnie Henke, Troy Hatzenbihler, Bill Breimeier, Linda Nelson, Matt Wilkins, and Cassie Smith. Others present were Jaden Schmidt, Secretary/P&Z.

Bill Breimeier moved and Cassie Smith seconded the motion to approve the agenda.

The first reading for the Data Center and Cryptocurrency Mining Facilities was heard.

RESOLUTION 2025-02

A RESOLUTION OF THE COUNTY OF OLIVER, NORTH DAKOTA, TO IMPOSE A MORATORIUM ON THE DEVELOPMENT OF ALL DATA CENTER AND CRYPTOCURRENCY MINING FACILITIES UNTIL ZONING STANDARDS CAN BE DEVELOPED

WHEREAS, the Board of Commissioners of Oliver County, ND has taken notice of the potential for Oliver County to be identified as a preferred location for the development of data centers and cryptocurrency mining facilities in the future

WHEREAS, data centers and cryptocurrency mining facilities are a nascent land use in Oliver County, and best practices have not yet been established regarding siting, application protocols, and performance standards for said land use

WHEREAS, the Board of Commissioners of Oliver County, ND finds it necessary to develop a land use code amendment to establish a framework for the evaluation and siting of data centers and cryptocurrency mining facilities, in order to protect the health, safety and general welfare of the citizens of Oliver County

WHEREAS, the Board of Commissioners of Oliver County, ND finds it necessary to impose a moratorium on any and all data centers and cryptocurrency mining facilities, and that the purpose of the moratorium is to allow the County adequate time to conduct research, and develop and adopt standards to guide the development of said land uses

NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Oliver County, ND that a moratorium on the development of all data centers and cryptocurrency mining facilities, is adopted, for the period of time necessary to develop and adopt adequate, applicable land use code amendments, and that this resolution shall take effect upon recording and publication.

The first reading for a Solar Moratorium was held.

RESOLUTION 2025-03

A RESOLUTION OF THE COUNTY OF OLIVER, NORTH DAKOTA, TO IMPOSE A MORATORIUM ON THE DEVELOPMENT OF ALL SOLAR ENERGY FACILITIES UNTIL ZONING STANDARDS CAN BE DEVELOPED

WHEREAS, the Board of Commissioners of Oliver County, ND has taken notice of the potential for Oliver County to be identified as a preferred location for the development of solar facilities in the future

WHEREAS, solar energy facilities are a nascent land use in Oliver County, and best practices have not yet been established regarding siting, application protocols, and performance standards for said land use

WHEREAS, the Board of Commissioners of Oliver County, ND finds it necessary to develop a land use code amendment to establish a framework for the evaluation and siting of solar energy facilities, in order to protect the health, safety and general welfare of the citizens of Oliver County

WHEREAS, the Board of Commissioners of Oliver County, ND finds it necessary to impose a moratorium on any and all solar energy facilities, and that the purpose of the moratorium is to allow the County adequate time to conduct research, and develop and adopt standards to guide the development of said land uses

NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Oliver County, ND that a moratorium on the development of all solar energy facilities, is adopted, for the period of time necessary to develop and adopt adequate, applicable land use code amendments, and that this resolution shall take effect upon recording and publication.

Discussion was held on both moratoriums and similar facilities.

Dave Berger, County Commissioner, stated the county needs something in place, in the form of a moratorium and ordinances, because if ‘we don’t we will have issues’. He also stated that the county needs to have rules in place and not just rely on the state.

Troy Hatzenbihler, board member, stated that the moratoriums and ordinances are for the protection of the people in the county, the county itself and for the companies.

Discussion was held on other concerns with industries.

Discussion was held on consultation with the county weed board as well as the local water resource board for input on ordinances.

Tara Dukart, Oliver County resident, expressed her appreciation for the work the P&Z board is doing. She supports stronger restrictions and rules to protect the landowners and residents of the county. Dukart also stated that it is better to be proactive than reactive and that landowners should not have to suffer because of the lack of rules.

Troy Hatzenbihler moved and Linda Nelson seconded the motion to approve Resolution 2025-02 for Data Center and Cryptocurrency Mining Facilities and Resolution 2025-03 for Solar Energy Facilities. A roll call vote was held: Linda Nelson-Aye, Bill Breimeier-Aye, Matt Wilkins-Aye, Troy Hatzenbihler-Aye and Cassie Smith-Aye. Motion carried.

The meeting was adjourned at 6:57 pm.

The next meeting for the Oliver County Planning & Zoning Board will be April 24th at 7:00 pm in the Oliver County Courthouse Meeting Room.

 

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Jaden Schmidt, Secretary                                                    Chairman of the Board