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Grant County

A data center ordinance goes to a joint public hearing on Monday 10 August. Written comments close at noon on Friday 7 August.

Coming up

Deadline

Written comment deadline — data center ordinance

Friday, August 7, 2026 · Noon

By email to the Zoning Officer, or by mail to 210 E 5th Ave, Milbank

The county's notice did not say plainly what the ordinance was about — it cited the ordinance number instead. This is the deadline to get your comment into the permanent record.

  • Three or four sentences is enough: who you are, where you live, what concerns you, and what you are asking the Commission to do.
  • It goes into the record permanently, whether or not you can be in the room on the 10th.
  • Email steve.berkner@grantcountysd.us, or mail the Zoning Officer at 210 East 5th Avenue, Milbank, SD 57252.
“Written comments may be filed by emailing the County Zoning Officer at steve.berkner@grantcountysd.us or by mailing them to the Zoning Officer at 210 East 5th Avenue, Milbank, SD 57252 on or before noon on August 7, 2026. No materials will be placed on the website after 5 p.m. on August 7, 2026.”
— Grant County public notice, Data Center ordinance 2026-01

Every water protection switches off below 10 MW

They apply only to a facility “exceeding ten (10) megawatts of IT load.” At or under that, none of them apply.

The water limit is a ratio, not a cap

It sets a “maximum annual Water Usage Effectiveness (WUE) of 0.05 gallons per kWh” with no limit on total gallons. A larger facility uses more electricity, so it can lawfully draw more water and still comply.

It is an annual average

A hot, dry August can run well above the limit and still average out compliant across twelve months — the months the aquifer is under the most stress are the ones the annual figure hides.

The quarter-mile from your house may not apply

Equipment must sit “fifty feet from the property boundary… and/or one-quarter mile (1,320 feet) from any church, school, or residence.” As written, fifty feet alone can satisfy it.

The overnight noise limit permits bursts to 60 dBA

45 dBA between 10 p.m. and 7 a.m., but with “5 dBA for a total of 15 minutes in any one-hour period; or 10 dBA for a total of 5 minutes in any one-hour period; or 15 dBA for a total of 1.5 minutes” allowed on top.

Paying for infrastructure damage is optional

“Approval of a data center may be conditioned upon” financial assurance for water-supply impacts. May, not shall.

One requirement has no number in it

§1220.08(4)(e)(ii) requires storage “for a minimum of [24–72] hours at peak load.” The brackets are still in the draft going to hearing.

The powerline and the ordinance are moving through this county at the same time

Grant County has been taking 765 kV presentations since 6 January 2026, when Xcel and Otter Tail presented to the Commission; powerline setbacks went to Planning & Zoning on 13 April. The ordinance itself requires an applicant to produce written verification from the electric utility of capacity on its supply lines and substations — capacity that does not exist today. We are told these are separate projects. They are arriving in the same county in the same year, and residents have had no say in either.

Prints three to a page, front and back — cut into thirds.

Public hearing

Joint public hearing — data center ordinance

Monday, August 10, 2026 · 4:00 p.m.

Grant County Courthouse, 210 E 5th Ave, Milbank

The Planning Commission and the Board of County Commissioners sit together. This is the last point at which the text of the ordinance can change.

  • You do not have to speak. Attendance is counted, and a full room is itself a message.
  • Arrive by 3:45 if you can.
  • If you do speak: your name, where you live, the one thing you came to say. Two minutes is plenty.
“The Grant County Planning Commission and the Board of County Commissioners will hold a joint public hearing on Monday August 10, 2026 at 4 p.m. at the Grant County Courthouse located at 210 East 5th Avenue, Milbank, SD.”
— Grant County public notice, Data Center ordinance 2026-01

Monday is the last point the text can change

Both bodies sit together. The Planning Commission may recommend the ordinance with or without amendment; the Commissioners then hold a first reading by title and set a second reading. Amendments happen Monday or they don’t happen.

Prints three to a page, front and back — cut into thirds.

Meeting

TENTATIVE Grant County Commission - Second reading of Data Center Ordinance

Tuesday, October 20, 2026 · TBD

TBD

Second reading of Ordinance 2026-01 (data centers), postponed to write a decommissioning plan

Meeting

IMPORTANT! SD Public Utilities Commission - public input on 765 kV (EL26-026)

Wednesday, October 21, 2026 · 12:00 Noon

Milbank School Theater, 1001 E. Park Ave., Milbank

SD Public Utilities Commission - public input on 765 kV (EL26-026) PowerOn Midwest facility permit Email puc@state.sd.us, or mail PUC, 500 E. Capitol Ave., Pierre, SD 57501. Include EL26-026, your full name, mailing address, email and phone. Accepted until the decision; no party status needed (PUC Siting Guide, page 2).

“On September 4, 2026, the South Dakota Public Utilities Commission (Commission) received a facility permit application (Application) from Northern States Power Company, doing business as Xcel Energy, and Otter Tail Power Company, (collectively, Applicants) for the PowerOn: Big Stone South to Brookings County to South Dakota/Minnesota Border Project (Project). The Project will consist of an approximately ninety-mile long 765 kilovolt (kV) transmission line located in Grant, Deuel and Brookings Counties in South Dakota and associated facilities including the Big Stone Station Expansion in Grant County, and the 345 kV Brookings County Substation expansion ( consisting of an expansion of the current 345 kV Brookings County Substation and a new expansion area to enable the 765 kV connection approximately five miles away) in Brookings County. The Project also includes an approximately five-mile long 345 kV transmission line connecting the Brookings County 345 kV Substation Expansion to the Brookings County 765 kV Substation expansion. Applicants anticipate construction to be completed and in service in 2034. Applicants estimate the total construction cost of the proposed Project to be approximately $1.3 billion to $1.7 billion. The Commission has jurisdiction over this matter pursuant to SDCL Chapters 1-26 and 49-41 Band ARSD Chapter 20:10:22. Pursuant to SDCL 49-418-15 and 49-418-16 the Commission hereby provides Notice that the Commission will hold the following public input meetings: Tuesday, October 20, 2026, at 6:00 p.m. CT Brookings Inn 2500 E. Sixth St. Brookings, SD 57006 Wednesday, October 21, 2026, at 12:00 p.m. CT Milbank School Theater 1001 E. Park Avenue Milbank, SD 57252 Thursday, October 22, 2026, at 5:30 p.m. CT Clear Lake Community Center 218 Third Ave. S. Clear Lake, SD 57226 The purpose of the public input meetings will be to hear public comments regarding the Application and the Project. At the meeting, Applicants will present a brief description of the Project, after which interested persons may appear and present their views, comments, and questions regarding the Application. A copy of the Application is on file with the Grant, Deuel and Brookings County Auditors and at the Commission's office in Pierre. The Application and all other documents in the docket, including detailed maps of the Project, may be accessed on the Commission's website at puc.sd.gov under Commission Actions, Commission Dockets, Electric Dockets, 2026 Electric Dockets, EL26-026. Pursuant to SDCL 49-418-17 and ARSD 20:10:22:40, the parties to this proceeding are currently the Applicants and the Commission Staff. Each municipality, county, and governmental agency in the area where the facility is proposed to be sited; or any person residing in the area where the facility is proposed to be sited, or any directly interested person, may be granted party status in this proceeding by making timely written application to the Commission. Applications for party status will be available at the public input hearing or may be obtained from the Commission's website or by contacting the Commission. Applications for party status must be filed with the Commission on or before 5:00 p.m., CT, November 3, 2026. The Commission will also accept comments in writing from anyone, either by mail, personal delivery, or e-mail until the time of the decision. You only need to apply for party status if you want to participate formally in the case by putting on actual testimony or other factual evidence, conducting discovery, cross-examining witnesses, making legal arguments, and to preserve your right to appeal to the courts if you do not believe the Commission's decision is legally correct. You do not need to have party status in order to submit written comments. Following the public input meeting, the Commission may schedule a formal evidentiary hearing conforming to SDCL Chapter 1-26 to consider issues raised by any party or the Commission itself. At such a formal hearing, all parties will have the opportunity to appear, present evidence, and cross-examine the other parties' witnesses and exercise all other rights afforded by SDCL Chapters 1-26, 49-1, and 49-41 Band ARSD Chapters 20:10:01 and 20:10:22, including rights of appeal to the courts. For approval, Applicant must show that the proposed Project will comply with all applicable laws and rules, will not pose a threat of serious injury to the environment nor to the social and economic condition of inhabitants or expected inhabitants in the siting area, will not substantially impair the health, safety or welfare of the inhabitants, and will not unduly interfere with the orderly development of the region with due consideration having been given to the views of governing bodies of affected local units of government. Based upon these factors, the Commission will decide whether a permit to construct should be granted, denied, or granted upon such terms, conditions, or modifications of the construction, operation, or maintenance as the Commission finds appropriate. It is therefore ORDERED, that the Commission will hold public input meetings on the Application and Project on the following dates: Tuesday, October 20, 2026, at 6:00 p.m. CT at the Brookings Inn, 2500 E. Sixth St., Brookings, SD 57006; Wednesday, October 21, 2026, at 12:00 p.m. CT at the Milbank School Theater, 1001 E. Park Avenue, Milbank, SD 57252; AND Thursday, October 22, 2026, at 5:30 p.m. CT at the Clear Lake Community Center, 2 218 Third Ave. S., Clear Lake, SD 57226. It is further ORDERED, that pursuant to SDCL 49-418-17 and ARSD 20: 10:22:40, applications for party status should be filed on or before 5:00 p.m., CT, on November 3, 2026. Pursuant to the Americans with Disabilities Act, these hearings will be held in physically accessible locations. Please contact the Public Utilities Commission at (605) 773-3201 at least 48 hours prior to the meeting if you have special needs so arrangements can be made to accommodate you.”
Meeting

IMPORTANT! SD Public Utilities Commission - public input on 345 kV (EL26-028)

Wednesday, October 21, 2026 · 5:30pm

Milbank School Theater, 1001 E. Park Ave., Milbank

Big Stone South to Hankinson to Bison facility permit SD Public Utilities Commission public input, 345 kV (EL26-028) Email puc@state.sd.us, or mail PUC, 500 E. Capitol Ave., Pierre, SD 57501. Include EL26-028, your full name, mailing address, email and phone. Accepted until the decision; no party status needed (PUC Siting Guide, page 2).

“On September 8, 2026, the Commission received an Application from Otter Tail Power Company (Applicant) for a Transmission Facility Permit for an electric transmission line in Grant and Roberts Counties, South Dakota. Specifically, Applicant proposes to construct a new 345kV electric transmission line ("the Project"). The South Dakota portion of the Project consists of approximately 71 miles of 345 kV transmission line that runs from the existing Big Stone South Substation located west of Big Stone City, South Dakota, to the South Dakota - North Dakota border at a location northeast of New Effington, South Dakota, between Lien and Victor Townships. The Project will consist of single-circuit transmission structures constructed on steel, single-pole (monopole) structures. The Project will also involve modifications to the existing Big Stone South Substation to accommodate new breaker positions, switches for the new singlecircuit 345 kV transmission line, and relocation of the 345 kV Big Stone South to Ellendale termination into the substation. Facility components will also include temporary laydown/staging areas, pulling/tensioning sites, and access roads. The Project is expected to be located along 1,286.4 acres of right-of-way located in South Dakota. The Project would have a 150-foot rightof-way along the length of the transmission line. The Project estimates construction costs between $190.6 to $228.7 million and is expected to start construction in 2030, complete in 2033, and in service by the first quarter of 2034. The Commission has jurisdiction over this matter pursuant to SDCL Chapters 1-26 and 49-41 B and ARSD Chapter 20: 10:22. Pursuant to SDCL 49-418-15 and 49-418-16, the Commission will hold the following public input meetings: Wednesday, October 21, 2026, at 5:30 p.m. CT Milbank School Theater 1001 E. Park Avenue Milbank, SD 57252 Thursday, October 22, 2026, at 11 :00 a.m. CT Rosholt Community Center 19 E. Main St. Rosholt, SD 57260 The purpose of the public input meetings will be to hear public comments regarding the Application and the Project. At the meetings, Applicant will present a brief description of the Project, after which interested persons may appear and present their views, comments, and questions regarding the Application. A copy of the Application is on file with the Grant and Roberts County Auditors and at the Commission's office in Pierre. The Application and all other documents in the docket, including detailed maps of the Project, may be accessed on the Commission's web site at puc.sd.gov under Commission Actions, Commission Dockets, Electric Dockets, 2026 Electric Dockets, EL26-028. Pursuant to SDCL 49-418-17 and ARSD 20: 10:22:40, the parties to this proceeding are currently the Applicant and the Commission Staff. Each municipality, county, and governmental agency in the area where the facility is proposed to be sited; or any person residing in the area where the facility is proposed to be sited, or any directly interested person, may be granted party status in this proceeding by making timely written application to the Commission. Applications for party status will be available at the public input hearing or may be obtained from the Commission's web site or by contacting the Commission. Applications for party status must be filed with the Commission on or before 5:00 p.m., CT, November 9, 2026. The Commission will also accept comments in writing from anyone, either by mail, personal delivery, or e-mail until the time of the decision. You only need to apply for party status if you want to participate formally in the case by putting on actual testimony or other factual evidence, conducting discovery, cross-examining witnesses, making legal arguments, and to preserve your right to appeal to the courts if you do not believe the Commission's decision is legally correct. You do not need to have party status in order to submit written comments. Following the public input meeting, the Commission may schedule a formal evidentiary hearing conforming to SDCL Chapter 1-26 to consider issues raised by any party or the Commission itself. At such a formal hearing, all parties will have the opportunity to appear, present evidence, and cross-examine the other parties' witnesses and exercise all other rights afforded by SDCL Chapters 1-26, 49-1, and 49-418 and ARSD Chapters 20: 10:01 and 20: 10:22, including rights of appeal to the courts. For approval, Applicant must show that the proposed Project will comply with all applicable laws and rules, will not pose a threat of serious injury to the environment nor to the social and economic condition of inhabitants or expected inhabitants in the siting area, will not substantially impair the health, safety or welfare of the inhabitants, and will not unduly interfere with the orderly development of the region with due consideration having been given to the views of governing bodies of affected local units of government. Based upon these factors, the Commission will decide whether a permit to construct should be granted, denied, or granted upon such terms, conditions, or modifications of the construction, operation, or maintenance as the Commission finds appropriate. It is therefore ORDERED, that the Commission will hold public input meetings on the Application and Project on the following dates: Wednesday, October 21, 2026, at 5:30 p.m. CT at the Milbank School Theater, 1001 E. Park Avenue, Milbank, SD 57252; AND Thursday, October 22, 2026, at 11 :00 a.m. CT at the Rosholt Community Center, 19 E. Main St., Rosholt, SD 57260. It is further ORDERED, that pursuant to SDCL 49-418-17 and ARSD 20:10:22:40, applications for party status should be filed on or before 5:00 p.m., CT, on November 9, 2026. 2 Pursuant to the Americans with Disabilities Act, these hearings will be held in physically accessible locations. Please contact the Public Utilities Commission at (605) 773-3201 at least 48 hours prior to the hearing if you have special needs so arrangements can be made to accommodate you.”
— The PUC Official Notice Dated 9-11-2026

What we are asking for

A stronger ordinance, and a standing citizen committee with a formal role in drafting it. Residents should be helping write these rules, not commenting on a finished draft four days before the vote.

How to contact the commission

Email County Administrator Kevin Owen. Requests to get an item on an agenda are due the Thursday before a meeting.

Who to email

County Commissioners

  • William Tostenson

    term ends 2026

  • Mike Mach

    term ends 2026

  • Roger Hoff

    term ends 2026

  • William Street

    term ends 2028

  • Doug Stengel

    term ends 2028

Source: county roster ↗

Where to find them

  • County office

    210 E 5th Ave, Milbank, SD 57252

    (605) 432-6711

  • Planning & Zoning

    (605) 432-7580

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