Mandan Planning and Zoning Commission Meeting on Data Center Ordinance - August 24, 2026

The Mandan Planning and Zoning Commission met on August 24, 2026, at 5:30 PM to consider a proposed ordinance regulating data center development within the city and its extraterritorial zone. After a staff presentation, a one-hour public comment period with over 20 speakers, and commission deliberation, the commission voted to recommend a modified version of the ordinance to the City Commission for further consideration.

Consent Calendar

• Approved the minutes of the July 27, 2026 meeting by unanimous vote.

Public Comments & Testimony

Public comments were largely opposed to data center development or urged stronger regulations. Key positions included:

• Eden Stramer requested a moratorium, a 1,000 kW capacity cap, a maximum building size of 20,000–50,000 sq. ft., local hiring requirements, prohibition of NDAs, and a one-mile setback from residential zones.
• Joel Robinson cited WHO and ANSI standards recommending classroom noise below 35 dB(A) and expressed concern about low-frequency noise impacting cognitive development, referencing a study from Northern Virginia.
• Jennifer Skey (ETJ resident) argued the ordinance should align with comprehensive plans, noted the lack of a city planner, and said industrial zoning would fundamentally change existing agricultural/residential character.
• Seth Owens urged stronger environmental assessments involving ND Game & Fish and USFWS, protections for migratory birds, and wildlife habitat investments.
• Priska Gretsch questioned whether conditional use permits are appropriate for such incompatible uses in agricultural/residential zones.
• Sue Zeman (retired nurse) asked about health impacts from continuous noise, low-frequency sound, air pollution, and wastewater; called for a moratorium like Linn County, Iowa.
• Mavis Wall noted existing ordinances from other cities and urged strong fencing lines; asked the commission to fight for residents, not foreign corporations.
• Jake Schmidt requested a one-mile setback from schools and residences, stricter noise limits, and location restrictions.
• Sheila Fraleck presented a petition with 1,460 signatures requesting a moratorium; compared Mandan's ordinance unfavorably to Morton County's.
• Terry Lee Mastel (44-year resident) called the proposed location inappropriate near three schools; said 100 dB in industrial zones could cause hearing damage; requested a permanent ban.
• Sean Stevenson (union steelworker) highlighted winter risks: gas supply strain, ice fog, and noise amplification.
• Kimball Banks (near proposed site) suggested a three-quarter-mile setback, independent socioeconomic impact study, and penalties for non-compliance.
• Signey Snortland noted the absence of MX zones on existing maps and said the 50 dB(A) nighttime limit is too high; recommended a subcommittee.
• Two Eagles (pipe carrier) spoke for healing the sacred hoop and against impacts on all species.
• Stephen Jacob said current decibel levels (55 dB) are already comparable to human speech.
• Stacey Bendish (construction worker) supported data centers as progress, opposed a one-year moratorium, and said current draft is a good start.
• Joseph White Eyes (Honor the Earth) called for an indefinite moratorium; asked about data governance, liability for illegal data, tax revenue, water quality, chemical spills, and accountability.
• Juania Locke (Standing Rock) shared experience with pipeline protest, requested free prior informed consent, and inclusion of tribes in surveys.
• Carlene Sol asked for multiple acoustic assessments due to terrain, packaging return, and civic impact assessment.
• Sean Lingenfelder cited MDU's proposed 14% rate hike and EIA prediction of 90% increase in electric bills; said corporations care only about profit; accused commission of using police presence to intimidate.
• Isaac Peterchuk (20-year resident) said "a medicated cancer is still a cancer" and said enough information exists to reject data centers.
• Heather Mouche Metcalf (childcare provider, mother of five) urged a ban due to unknown health risks near schools and daycares.
• Alison Schultz (resident near proposed site) opposed data center citing noise, light, environmental concerns (Legionella), and loss of peace and quiet.

Discussion Items

Staff (Jarek and Jordan) presented the rationale for the ordinance: three years of land use code updates, four lines initially, replaced with 19 pages based on model ordinance and community feedback. Key elements include:

• Utility providers must verify capacity and disclose impact on rates.
• 110% upfront funding for infrastructure upgrades.
• Low-water cooling systems (closed-loop or non-potable evaporative), no wells or wastewater injection.
• Decommissioning bond at 125% of estimated cost, updated every five years; encourages reuse plans.
• Gateway overlay district requirements: 50% architectural treatment on facades (up from 20-30%), dark-sky lighting standards (downlighting, 3000K max, 0.1 foot-candles at property line).
• Enforceable noise and vibration limits (55/50 dB(A) day/night residential, plus C-weighted and infrasound); limits tied to ambient baseline; tonal noise penalties.
• Phased acoustic verification at 25%, 50%, 75%, 100% capacity; immediate throttling for non-compliance, 60-day cure period, permit revocation.
• Developer-funded monitoring administered by city via independent third-party.
• Public engagement: half-mile notification, human liaison, 48-hour response requirement.
• Conditional use permit required; permit expires if construction not started within 3 years; major changes require new permit; ownership transfer requires approval.
• Development agreement provision allows city to require additional agreements (including community benefit agreements) at its discretion.
• Schools to be treated under most restrictive residential noise limits (staff suggestion).

Commission questions and discussion:

• Chair Robinson asked how half-mile distance was determined; staff said it came from model code but they shifted to performance-based standards.
• Commissioner Mutter asked about dust control during construction; staff said existing nuisance and stormwater ordinances apply.
• Chair Robinson asked about setbacks; staff said a minimum setback could be added as a safety net.
• Commissioner Infeld asked about landscaping; staff said Type C buffer (20-ft wide, 80% opacity) is the most restrictive in the ordinance.
• Commissioner Renner asked about continuous monitoring; staff said spot checks at city's discretion.
• Commissioner Hammond asked about six specific changes staff proposed based on public input: (1) PFAS-free coolants, (2) NDA ban, (3) supplementary minimum setback, (4) stricter school thresholds, (5) minimum of four monitoring locations, (6) reduce decibel thresholds by 5 dB(A) and corresponding C-weighted.
• Commissioner Renner suggested additional changes from Morton County ordinance (involving USFWS, archaeological finds during construction, power generation details).
• Chair Robinson questioned how to proceed; Commissioner Smith moved to approve the six amendments, seconded by McLean; passed unanimously.
• Commissioner Smith then moved to recommend the amended ordinance to City Commission, seconded by Mutter; passed unanimously.

Key Outcomes

• Six amendments approved: (1) require PFAS-free coolants; (2) prohibit non-disclosure agreements (NDAs); (3) add a minimum setback of 5 feet between all data center structures/equipment; (4) treat schools with the most restrictive performance standards and allow regulation at exterior window locations; (5) require a minimum of four noise monitoring instruments (north, south, east, west); (6) reduce all decibel thresholds (both A-weighted and C-weighted) by 5 dB(A) for both day and night.m
• Motion passed (unanimous, 11-0) to recommend the amended Section 101-11-12 (Data Centers) to the Mandan City Commission for further consideration.
• Chair Robinson noted the recommendation is a step before codification; the city commission will hold a separate public hearing.
• Meeting adjourned after the vote.