The Weld County commissioners on Monday approved a new zoning code that restricts the development of data centers to industrial zones only.
In a 4-1 vote, the commissioners approved a land use code that establishes regulations for developers of data centers and dictates where they can be constructed. Previously, the county had no regulations specifically for data centers, and with two bills being discussed in the Colorado Legislature that incentivize data centers to locate in Colorado, the county felt it prudent to get ahead of the curve.
“At the end of my first term, we were dealing with solar codes. We went from a code that wasn’t very good, in my opinion, to a code that sets the standard in the nation,” Weld County Commissioner Scott James said. “The Colorado Energy Office has referred to our code as the standard in the state, which goes to show we can set standards, and I believe we can do that here
“I believe that they (data centers) are absolutely critical infrastructure. They are every bit as critical an infrastructure as the roads that you use to get here, as is the electric and gas that comes to your home, as is the water and sewer that come to your home. They are critical infrastructure, and we need to find a way to coexist with them.”
The final draft of the code defines data centers as buildings that house information technology or telecommunications equipment used to process, transfer and store digital information, with a power draw of under 50 megawatts. Any higher would classify the building as a power plant, which has its own regulations. The code also specified that the noise level may not exceed 65 decibels when measured 25 feet from a property line.
Data centers will be allowed only in areas of unincorporated Weld County zoned for industrial use and will need confirmation from utility companies to obtain construction approval. Commissioner Kevin Ross said this will be an important factor in water conservation efforts, as data centers with higher water use would have difficulty obtaining the necessary water from utility companies.
The county had initially considered designating agricultural zoning as an appropriate location for data center construction, following a use-by-special-review process that requires a public hearing before the board approves development. But after public feedback and a push from Commissioner Jason Maxey, who argued that data centers do not fit the definition of agricultural use, the board decided that only industrial zones would be appropriate locations, much to Ross’ disappointment.
“I’m disappointed that the board does not want to do them in agriculture. I’m hoping we can figure out a process by which this board will look at the availability to rezone to industrial so that they can still become a reality in areas where they’re probably best suited,” Ross said. “I hope the board can work through the comprehensive plan and other means in which we can identify areas of opportunity for that, because there is a large demand for these and it’s already being asked of this county and communities throughout this county.”
that strongly influenced the final shape of this code, leading it to implement a use-by-special-review process rather than a more rigorous review process that doesn’t involve public hearings. Many complaints at those meetings and during public comment about data centers and water usage were deferred to regulations already in place by the state and the Environmental Protection Agency.
Although data center water usage is not controlled by the county, it became the subject of a tense debate between James and Ross. James wanted the code to require that data centers could not use evaporative cooling, which can , whereas Ross would not get on board with the county deciding what equipment private entities could use.
“I can’t get on board with regulating the type of system,” Ross said. “I would hope that they use water-efficient stuff, but I can’t get on board with mandating the technology, especially if that technology changes and they don’t need water to cool, which some of these are doing.”
Initially, James wanted to specify that data centers could use only closed-loop systems, which have significantly lower water usage. Gabi Bosiacki, a spokeswoman for the , said an initial fill of a closed-loop system is 65,000 gallons with a yearly top-off of 650 gallons, which is comparable to the typical water use of a coffee shop every two months.
Weld County Deputy Director Maxwell Nader was quick to oppose James’ proposal to require a closed-loop system, saying it would lead to a slippery slope. James then sought to restrict the use of evaporative cooling systems, but Ross, Commissioner Perry Buck and Commissioner Lynette Peppler voted against that restriction.
As his one hard line in this process, James cast the lone vote against passing the land use code, as Maxey was largely satisfied with its current state, despite there being no cooling system specifications. James remarked that he is usually opposed to government interference and would side with his colleagues most of the time, but he felt that the potential water usage by a data center was too significant not to be regulated.
“This is an interesting crossing of principles for me,” James said. “I hear over and over again about the protection of agriculture, but when I think that we might put Open AI, Meta or Microsoft into direct competition with Farmer Brown for water, that’s the free market, but is that truly the protection of agriculture?”
James said the commissioners could revisit data center regulations as the county continues to work on its Comprehensive Plan, which could influence water usage in the county, providing an indirect means of limiting water use by data centers.
