By Aberdeen Insider - July 23, 2026 in RESOLUTION NO. 26-07-04R
A TEMPORARY RESOLUTION ESTABLISHING
A MORATORIUM ON ISSUANCE OF LOCAL PERMITS FOR
DATA CENTERS WITHIN THE CITY OF ABERDEEN
WHEREAS, effective July 1, 2026, SDCL § 49-50-3 authorizes local units of government to adopt ordinances and resolutions limiting, prohibiting, or otherwise regulating the construction, development, or operation of data centers; and
WHEREAS, the City of Aberdeen, South Dakota, by and through its City Council, makes a preliminary finding that the City’s current regulations and controls may not adequately address the unique needs and impacts on the community of data centers as defined in SDCL § 49-50-1; and
WHEREAS, the City Council makes a preliminary finding that City of Aberdeen planning, zoning, and building officials are hampered in their ability to adequately assess permit applications for data centers, which creates unpredictability in the permitting process and risks stranding real property investments; and
WHEREAS, the City Council makes a preliminary finding that the City needs further study of data centers as they relate to the comprehensive plan adopted by the City in 2019 and the zoning ordinances, and that the public interest requires that the City study, analyze, and evaluate the impacts of data centers and proposed regulations regarding data centers; and
WHEREAS, the City Council makes a preliminary finding that it would be inappropriate for City officials to issue any local permit or license regarding the construction, development, or operation of a data center; and
WHEREAS, a short-term moratorium will provide the City time to ensure that more comprehensive zoning ordinance and building permit changes, licensing permits, and any proposed amendments to the City’s comprehensive plan can be completely examined with adequate public input from citizens, business interests, and data center industry representatives; and
WHEREAS, the City finds that an emergency stopgap resolution is necessary and reasonable to preserve the status quo and prevent significant investment pending the outcome of the above study and any proposed regulations emanating therefrom; and
WHEREAS, the City finds that the following resolution is necessary as an emergency measure to protect and preserve the public health, safety, welfare, peace, and support of the municipal government and its existing public institutions.
BE IT RESOLVED BY THE CITY OF ABERDEEN, SOUTH DAKOTA, as follows:
- Prohibited Issuance of Permit Regarding Data Center. City zoning and building officials shall not issue any permit or license related to the construction, development, or operation of a data center within the corporate limits of the City during the time period set forth in Section 2. Any application for a permit or license related to the construction, development, or operation of a data center shall be held by the receiving City official without review or action during the time period set forth in Section 2.
- Sunset Provision. Unless amended, this resolution shall expire and be automatically repealed on November 18, 2026, or upon the effective date of an ordinance amending the zoning regulations at Aberdeen City Code, Chapter 60 – ZONING related to the construction, development, or operation of data centers, whichever date occurs first.
- Immediate Effect. This resolution shall take immediate effect as necessary to protect and immediately preserve the public health, safety, welfare, peace, and support of the municipal government and its existing public institutions pursuant to SDCL § 9-19-13.
The foregoing Resolution was approved after first reading and passed at a regular meeting of the City Council on the 20th day of July, 2026.
Number of AYES: 7, Number of NAYS: 0, Members Abstaining: None
CITY OF ABERDEEN /s/Travis Schaunaman, Mayor
ATTEST: /s/Jordan McQuillen, Finance Officer
Published once on July 23, 2026, at the total approximate cost of $44.83 and may be viewed free of charge at www.sdpublicnotices.com and www.aberdeeninsider.com