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Supervisors OK six-month data center moratorium resolution

By Robert Maharry 4 min read

The Marshall County Board of Supervisors officially put a six-month moratorium on applications related to data centers into place during Wednesday morning's regular meeting through a single resolution that passed by a unanimous vote.

As the latest chapter in the ongoing conversation began, County Auditor/Recorder Nan Benson read a written comment from Maggie Valentine in support of the moratorium and taking time to write regulations before the county receives any applications in its unincorporated areas. Board Chairman Jarret Heil then read the first page of the five-page resolution, noting that the moratorium applies to "data centers, artificial intelligence computing facilities, data mining facilities and cryptocurrency/bitcoin mining operations."

Communicating remotely, County Zoning Administrator Tyler Kelley told the board that the only change in wording from the last meeting is removing the limit on how long the moratorium could potentially be extended. County Attorney Jordan Gaffney added that the change gives the county more flexibility to work through the process of drafting regulations through the Zoning Commission, and he recommended passage of the resolution while commending Kelley for his role in drafting it.

Supervisor Carol Hibbs then asked Kelley to outline his next steps in the process, and he told her that the Zoning Commission would be holding monthly work sessions about drafting an ordinance. According to Kelley, there's "not a whole lot out there" as far as ordinances to refer to, so he indicated that the county would be "working from scratch" and taking as much information and support from other counties as they can as well as the city of Marshalltown, where the P&Z Commission is currently working through its own process.

During the public comment period, Sheri Larsen, a resident of Shady Oaks Road, asked if the moratorium could be shortened if the regulations are drafted and passed in less than six months, and Heil responded that it could either be extended or shortened.

Larsen also commented that the company looking to purchase land on Shady Oaks had made another offer on land that she and her father own in the area. Annie Grieshop of rural Melbourne said she was trying to find out who the developers are on the Shady Oaks project and has also been researching ordinances across the country, which she would be happy to share with the supervisors. She also recently participated in a webinar hosted by the Southern Environmental Law Project and called it "fabulous," and Hibbs told her the county may have access to additional information through the Iowa State Association of Counties (ISAC) website.

"What I'm seeing is that the counties are setting resolutions, and the cities are building data centers," Grieshop said.

From there, Supervisor Christian Goodman made a motion to enact the six-month moratorium, and it quickly passed by a unanimous 6-0 vote.

Earlier in the meeting, the board approved the county's EMC insurance renewal from Shomo-Madsen Insurance at an increase of less than four percent in the premium.

"We got a fantastic renewal from EMC. They like us, I guess, I don't know, but I was really excited about it," Benson said.

The year prior, the county saw an increase of about 20 percent.

"But when you think about that they paid out $34 million to us (after the tornado), I feel like we're doing the right things," Benson added.

In other business, the board:

Recognized Deputy Tanner Hunt for five years of service to the Marshall County Sheriff's Office.

Approved the consent agenda as listed.

Approved the third and final reading of a proposed ordinance regarding maximum hourly rates for court-appointed personnel fees.

Approved an agreement for the use of the courthouse grounds for the St. Francis -- Fatima Rosary Rally on Oct. 10.

Approved a service agreement for iWorQ Applications and Services.

Approved an Iowa DNR 28E agreement with Marshall County for 2026-2031 well services and authorized the chair to sign.

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