Yellowstone County’s Data Center Debate: Interim Zoning vs. State Laws

Passions are high in Yellowstone County over a data center near Broadview, with opponents seeking interim zoning controls.
Yellowstone County’s Data Center Debate: Interim Zoning vs. State Laws

In Yellowstone County, the debate intensifies over a proposed data center near Broadview, with opponents pressing local officials. The plan spans nearly 8 square miles, raising community concerns. Some residents advocate for interim zoning for development control. This zoning could halt the project for a year while assessing its impact.

Montana law allows county commissioners to use interim zoning for public health or safety emergencies. Missoula County enacted similar measures on data centers earlier.

The Yellowstone County meeting saw attorney Gene Jarussi lead the interim zoning push, suggesting data centers could benefit the community if implemented correctly. Jarussi emphasized the need for due diligence, saying, “You’re not saying ‘no data center,’ you’re not saying ‘yes data center.’ That’s beyond you.”

The Right to Compute Act, a 2025 law, complicates efforts to impose restrictions. Passed with bipartisan support, the Act limits government interference in technology use, unless narrowly tailored for public protection. County Attorney Scott Twito highlighted potential legal challenges if interim zoning is enacted without proving an emergency.

Past experiences from other states caution against restrictions. Linn County, Iowa, faced challenges negotiating with tech giants like Google, as shared at a Montana Association of Counties conference. Twito expressed concerns, noting the new law’s high bar for intervention, focusing on public health and safety rather than noise or growth compatibility.

Ultimately, the County Commissioners are unlikely to act on the zoning request, with discussions highlighting the legal and financial risks involved. The decision remains contentious as both sides await further developments.


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