Thank you for signing the petition to the Antelope Data Center. After submitting the petition to the Iron County Planning Commission, I received an email from Brett Hamiliton, an Iron County planner. It appears Iron County ordinances were changed early 2025 to allow data centers and other type commercial projects to be approved via conditional use permits (CUP), by the planning commission, which cannot be blocked by citizen protest. Prior to this change it was a legislative decision and could be protested, now it's administrative and cannot be blocked.  Mr. Hamilton said:

      "A data center is permitted within the A-20 zone through approval of a Conditional    Use Permit (CUP). The current application is therefore being reviewed through the CUP process, which is an administrative land use decision rather than a legislative one."

Though the Iron County planning commission's decision cannot be blocked when conditions are satisfactory to the county, ours and others' opposition has been heard. The Iron County commissioners are scared, they are up for re-election this fall (Mike Bleak) and have put a 6-month pause on existing (another data center called Red Butte) and future applications (rumored to be 3 more, 5 data center projects in total). This 6-month pause conveniently falls just after elections, late November 2026.

Though the CUPs cannot be stopped, the Planning Commission does take public input in drafting the conditions for the CUP. Some are ridiculous, like a 100-foot setback from residential. The following link is to the Iron County page showing current data centers and their CUPS. 

 https://www.ironcountyut.gov/planning/data-center-projects?utm_source=chatgpt.com

I hope you continue to be involved, as I'm sure the County Commission will resume activity later this year. 

Thank you for your signature!

Lauren Banks

Brett Hamilton attached the following document in the email he sent:

Understanding Zoning & Land Use Law

Iron County values public participation and encourages residents to share concerns, ask questions, and provide information during the review of land use applications.

It is important to understand that not all land use decisions are made the same way. Some decisions are legislative while others are administrative and must follow specific legal standards.

Legislative Decisions (Policy-Based)

Examples:

�  Zoning changes (rezones)
�  General Plan amendments
�  Adoption of new ordinances or amendments to existing ordinances

These decisions:
�  Are made by elected officials (County Commission)
�  Allow broad discretion
�  Can consider public opinion, policy preferences, and community vision
�  May be approved or denied based on overall judgment

Public support or opposition can influence the outcome

Administrative Decisions (Standards-Based)

Examples:
�  Conditional Use Permits (CUPs)
�  Site plan approvals
�  Subdivision plats

These decisions:
�  Are made by the Planning Commission or staff. State law prohibits some decisions from being determined by the County Commission (i.e. subdivisions).
�  Must follow adopted code and objective standards
�  Are not discretionary in the same way as legislative decisions

What State Law Requires

A Conditional Use Permit must be approved if the applicant demonstrates that the proposed use can reasonably mitigate the anticipated detrimental effects.

Utah Code § 17-27a-506(2): “A land use authority shall approve a conditional use if reasonable conditions areproposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use.”

This means the County cannot deny a CUP simply because it is unpopular. The County must approve the application if impacts can be mitigated. Conditions of approval are used to address impacts, not to block the project
THE COUNTY CAN:

�  Apply all adopted regulations in Iron County Code (e.g., Chapter 17.37 – Data Centers; Chapter 17.28 – Conditional Uses)
�  Require studies and technical analysis required by code
�  Impose reasonable conditions to mitigate impacts
�  Enforce compliance with those conditions

THE COUNTY CANNOT:
�  Deny a project based on public opposition
�  Require items not included in adopted code
�  Regulate based on speculation or unsupported claims
�  Ignore state law requirements

“Public Opposition” Is Not a Legal Basis for Denial

Public comments are part of the record and are carefully reviewed. However, for an administrative decision like a CUP. The decision must be based on substantial evidence and related to specific code standards. General concerns, opinions, or volume of opposition do not meet the legal threshold.

Examples:
�  “This project will ruin the area” → Not sufficient evidence
�  “This project exceeds the 65 dBA noise limit at the property boundary” → Relevant if supported by

expert data

Common Misconceptions

“If enough people oppose it, it will be denied.”

Not in an administrative process. The decision must follow the law and adopted standards.

“The County can require anything it wants.”

The County is limited to what is in its adopted code and what is legally enforceable.

“The project can be denied until more information is provided.”

An application can only be deemed incomplete if it fails to meet specific submittal requirements in code.

“The County can shut the project down automatically if something goes wrong.”

Enforcement must follow due process. Violations may lead to penalties or revocation, but only after proper notice and procedures.

How the Public Can Provide Effective Input
Reference specific sections of County code
Identify measurable impacts
Provides data, studies, and expert analysis, not opinions
Focuses on whether impacts can or cannot be reasonably mitigated