How Ratings Work
Each ordinance is rated in two ways. The Ten Core Protections give a quick check of the protections residents care about most, and the Category Scorecard measures the ordinance against all 52 criteria of the Tracker Standard.
Ten Core Protections
- What it asks
- Does the ordinance include the ten protections residents care about most?
- How it is scored
- Each protection is Best Standard, Basic Standard, or Not Addressed. The score is how many of the ten it includes, such as 6 of 10.
- What you see
- The overall coverage rating, Broad, Partial, Narrow, or No coverage, on the map and at the top of every local government and county page, with the number of protections that meet the Best Standard.
Category Scorecard
- What it asks
- How thoroughly does the ordinance cover every topic, including traffic, lighting, and emergency planning?
- How it is scored
- All 52 criteria earn 0, 1, or 2 points, for a total of 104, grouped into eight categories.
- What you see
- A level for each category, Strong, Moderate, Weak, or None, and the total points on each local government page.
Whether a local government has data center rules at all is shown by its status, not by either rating. The ratings describe how strong the rules are.
- Adopted Ordinance: the local government’s own governing body has enacted, by ordinance, rules that regulate data centers. An ordinance that adopts county standards by reference counts; a resolution does not.
- County Rules Apply: the local government has no data center rules of its own, and a county ordinance reaches it by its own terms. In South Dakota this can happen where a city or town relies on the county for its zoning, or in a joint jurisdiction area outside a city. The rating shown is the county ordinance’s rating.
- County Rules May Apply: a county ordinance exists, but the local government has, or may have, its own zoning or subdivision ordinance, and the county ordinance states no authority that reaches it. Each local government’s page explains why the reach is uncertain.
- Proposed Ordinance: the local government is considering data center rules. No Ordinance: it has neither adopted nor proposed them.
Counts of adopted ordinances, and each county’s typical rating and highest rated ordinance, include only the local governments’ own ordinances, so one county ordinance is not counted dozens of times. County rule coverage is reported beside them, for example on the home page and the For Reporters page.
Ten Core Protections
These ten protections reflect the concerns residents raise most often at public hearings. Each protection is rated at one of three levels, based on how much protection the ordinance provides:
- Best Standard: meets the 2-point standard for that protection in the Tracker Standard.
- Basic Standard: sets a specific rule, but a weaker one.
- Not Addressed: says nothing about it.
An ordinance’s score is the number of protections it addresses at either the Best or Basic Standard, out of ten. For example, an ordinance that addresses six protections scores 6 of 10. For a quick read, scores are grouped into four coverage ratings, shown in the same colors on the map and on every local government and county page: Broad coverage (7 to 10), Partial coverage (4 to 6), Narrow coverage (1 to 3), and No coverage (0).
The coverage rating describes how many topics an ordinance addresses, not how protective each provision is. An ordinance can address eight protections while only one meets the Best Standard, so every rating is shown with that count, for example “8 of 10 addressed, 1 at the best standard,” and each local government page shows a ten-cell bar that marks each protection as Best Standard, Basic Standard, or not addressed.
- 1.Expansion Limits. Requires a new approval before a data center adds buildings, generators, cooling, batteries, substations, or power demand beyond what was approved.
- 2.Water Supply. Requires public water for cooling where it is available, and a well study before any groundwater is used.
- 3.Cooling Method. Requires water-saving cooling, such as closed-loop systems.
- 4.Generator and Air Limits. Limits backup diesel generator testing and air emissions.
- 5.Noise Limit. Caps how loud a data center can be at the property line, as a fixed limit or as an increase over the measured background sound.
- 6.Low-Frequency Noise. Addresses the low hum from cooling fans and equipment.
- 7.Public Transparency. Requires the developer, operator, and end user (or a binding operating profile) to be named, and limits non-disclosure agreements with officials.
- 8.Farmland Protection. Keeps data centers off land under a conservation easement and protects prime farm soils in the districts where they are allowed.
- 9.Home Setback. Requires a safe distance between nearby homes and a data center, including its outdoor equipment.
- 10.Decommissioning and Reuse. Requires money set aside to remove equipment, fuel, and batteries if the facility closes, and reuse or removal of the building.
Electricity rates are set by the South Dakota Public Utilities Commission for investor-owned companies, and by the elected board of an electric cooperative or a city utility, so a zoning ordinance cannot decide who pays for grid upgrades. State law (2026 Senate Bill 135) now requires electricity providers to make data centers of 10 megawatts or more pay the costs they cause. Since version 2.0 of the Tracker Standard (October 29, 2026), grid costs are rated as a disclosure requirement (criterion 31, Grid Cost Disclosure) rather than as a Core Protection. Generator and Air Limits counts when the ordinance limits either generator testing or air emissions, and Public Transparency counts when it either requires applicant disclosure or limits non-disclosure agreements.
Category Scorecard
The Ten Core Protections give a quick check of whether an ordinance includes the protections residents care about most. In contrast, the Category Scorecard gives a deeper assessment of how strong the ordinance is across all 52 criteria, including traffic, lighting, and emergency planning, grouped into eight categories: Land Use, Noise, Environment, Energy, Visual Character, Safety, Traffic, and Accountability.
Each criterion is worth up to 2 points, and each category receives one of four levels based on the share of its points the ordinance earns. These levels describe a whole category, not a single protection.
Public Access
Every entry with an adopted or proposed ordinance also records whether residents can read the ordinance online. Public Access is reported separately and does not change the Core Protections count. Local Governments with no data center ordinance show "No ordinance" instead, since there is nothing to post.
Review Process
An ordinance is rated only from its full text, and every rating is reviewed by the tracker's maintainer before it is published. Where the text could not be read, the entry shows Rating Pending. Proposed ordinances are rated from the posted draft and are labeled as drafts. A local government whose zoning has no data center rules has 0 of 10 Core Protections, with every protection Not Addressed.
See All 52 Criteria Below →Tracker Standard: All 52 Criteria
Each criterion earns 2 points, 1 point, or 0 points, for a total of 104. An ordinance that falls short of the 1-point standard earns 0 points for that criterion.
Select a category to see its criteria and the standard for 2 points and 1 point.
Land UseCriteria 1 to 11
| # | Criterion | 2 Points | 1 Point |
|---|---|---|---|
| 1 | District Limits | Allowed only in named districts or in an overlay mapped when the ordinance is adopted, and expressly excluded from all other districts. | Limited to named districts or an overlay, but the exclusion elsewhere is not stated or the overlay is not mapped. |
| 2 | Approval Process | Conditional use permit decided by the elected governing body, and approval lapses if the site plan is not filed or construction does not begin within stated periods. | Conditional use permit decided by an appointed board, or a conditional use permit with no lapse provision. |
| 3 | Agricultural Land | Barred on land under a recorded conservation easement, plus a standard limiting disturbance of prime agricultural soils in the districts where data centers are allowed. | Barred on land under a conservation easement only, or barred in agricultural districts. |
| 4 | Minimum Lot Size | 30 acres or more. | Any smaller minimum. |
| 5 | Maximum Scale | Campus-wide cap on the total footprint of buildings and outdoor equipment, or on electrical demand in megawatts. | Per-building cap or lot coverage cap only. |
| 6 | Residential Setback | 1,000 ft or more from homes or residential districts, or a setback scaled to building size or modeled noise with a floor of at least 500 ft, measured from buildings and all outdoor equipment. | 100 to 999 ft, or a larger distance measured from the main building only. |
| 7 | Sensitive-Use Setbacks | At least 1,000 ft from schools, day care centers, hospitals, and parks. | A smaller distance, or only some of these uses protected. |
| 8 | Height | Height limit no greater than the district limit for other principal buildings, with rooftop equipment counted in the height or limited to 10 ft above the roof and screened. | A height limit that exempts rooftop equipment. |
| 9 | Natural Resources | Riparian buffer of at least 100 ft on each side of streams, wider on steep slopes and at wetlands, in the data center provisions or in a general ordinance they expressly apply. | Environmental impact assessment required, or base ordinance protections stated as applying. |
| 10 | Data Center Separation | A campus on commonly controlled lots regulated as one use, plus a separation distance between campuses or a rule that performance limits apply to the combined output of nearby data centers. | One of these. |
| 11 | Expansion Limits | Any added building area, generators, cooling, battery, or substation capacity, or electrical demand above the approved level, requires a new approval, with like-for-like replacement exempt. | Phasing plan stating the electrical demand of each phase, or expansion review without stated triggers. |
NoiseCriteria 12 to 17
| # | Criterion | 2 Points | 1 Point |
|---|---|---|---|
| 12 | Noise Limits | Separate day and night limits of 50 dBA and 45 dBA or lower at the property line, or a cap of 5 dBA or less above measured background with a fixed nighttime ceiling, in either case with a stated measurement method. | A single limit, higher limits, or limits with no stated method. |
| 13 | Background Cap | No more than 10 dBA above measured background (L90) by a stated method, with a floor below which the cap does not apply. | A background cap above 10 dBA, or a cap with no stated method or floor. |
| 14 | Low-Frequency Noise | Numeric low-frequency limits of 60 dBC day and 55 dBC night or lower, or octave-band limits at 31.5, 63, and 125 Hz. | A higher dBC limit, or a low-frequency noise study only. |
| 15 | Sound Studies | A predictive study with the application and a measured study at full operating load after opening, both by a stated method. | A predictive study only, or studies with no stated method. |
| 16 | Generator Use | Testing only on weekdays in daytime hours, with a daily or annual hours cap that allows tests required by code. | Daytime-only testing or an hours cap. |
| 17 | Vibration | A numeric vibration limit at the property line or receptor, with a stated measurement method and a vibration study. | A general or perception-only vibration standard. |
EnvironmentCriteria 18 to 25
| # | Criterion | 2 Points | 1 Point |
|---|---|---|---|
| 18 | Water Supply | Cooling water must come from available public water, and any on-site well requires a hydrogeologic study with pump tests. | Water feasibility study required. |
| 19 | Cooling Method | Closed-loop or other low-water cooling required, and any evaporative system limited to a stated water-use rate and shown to meet the noise limits. | Cooling method and projected water use must be disclosed. |
| 20 | Water Use | Metered water use reported to the county or local government, together with a drought plan tied to state or supplier drought declarations. | One of these, or projected use disclosed. |
| 21 | Wastewater | Cooling and process wastewater disposal route identified, with the required state or sewer provider approvals in hand before the zoning permit. | General wastewater plan. |
| 22 | Stormwater | Added treatment and spill containment for runoff from fuel, generator, and transformer areas, beyond the base stormwater ordinance. | Base ordinance standards stated as applying. |
| 23 | Air Emissions | Generators must meet EPA Tier 4 Final emission levels or equivalent, with annual emissions testing or reports. | Generators must meet state and federal emission rules. |
| 24 | Waste Heat | Thermal plan with modeled property line temperature effects and a heat reuse evaluation. | Heat impacts must be disclosed. |
| 25 | Electronic Waste | Plan for on-site storage and removal of servers, batteries, and refrigerants, with a disposal contract kept in effect. | General disposal requirement. |
EnergyCriteria 26 to 31
| # | Criterion | 2 Points | 1 Point |
|---|---|---|---|
| 26 | Power Capacity | Evidence of a utility service request with the application, and the utility's written capacity confirmation or executed service agreement before a zoning permit. | Utility letter required before a building permit. |
| 27 | Energy Plan | Energy plan stating peak demand by phase, annual use, and design efficiency, plus rooftop solar on a set share of unused roof area or an incentive for on-site renewable generation. | Energy plan required. |
| 28 | On-Site Power Plants | On-site generation for normal operation treated as a separate use with its own approval, setbacks, and noise and emission standards equal to those for other generation uses. | On-site generation addressed. |
| 29 | Substations and Lines | Applicant-owned substations screened and placed to the side or rear, and applicant-owned on-site lines of 34.5 kV or less buried. | Applicant-owned substations screened or counted as part of the use. |
| 30 | Battery Storage | Battery storage set back from property lines, homes, and wells, with large-scale fire test data, a hazard mitigation analysis, and a battery emergency plan shared with the fire department. | Battery storage must comply with NFPA 855 and the fire code as adopted. |
| 31 | Grid Cost Disclosure | Applicant names its electric provider, discloses required grid upgrades, their estimated cost, and the tariff, cooperative, or municipal utility terms that assign that cost, and files the executed service agreement before a zoning permit. | Required upgrades must be disclosed. |
Visual CharacterCriteria 32 to 36
| # | Criterion | 2 Points | 1 Point |
|---|---|---|---|
| 32 | Buffers | Planted buffer of 100 ft or more next to residential lots and districts, with year-round screening and replacement of dead plants. | Smaller buffer. |
| 33 | Lighting | Fully shielded, with no light crossing the property line. | Shielded, with or without a footcandle limit. |
| 34 | Building Design | Measurable facade standards for articulation, materials, and color on walls visible from roads or homes. | General design language. |
| 35 | Fencing and Screening | All ground and rooftop equipment screened on all sides to at least its own height, with sound walls or enclosures where needed to meet the noise limits. | Equipment must be screened. |
| 36 | Viewshed | Visual impact study from public roads and historic sites, with renderings. | Building elevations required. |
SafetyCriteria 37 to 40
| # | Criterion | 2 Points | 1 Point |
|---|---|---|---|
| 37 | Emergency Plan | Plan accepted by a county or municipal official after fire department review, updated every year, with an annual site walk-through offered to responders and posted 24-hour contacts. | Emergency plan required. |
| 38 | First Responders | Applicant delivers site-specific responder training before occupancy and every year, and keeps on site any specialized equipment the emergency plan identifies, at no cost to responders. | Applicant must coordinate training. |
| 39 | Hazardous Materials | Bulk fuel and hazardous material storage set back from property lines, wells, and streams, with containment meeting state and federal rules and a spill response plan filed with the county or local government. | Hazardous materials must be disclosed, or storage setbacks or containment only. |
| 40 | Inspections | Annual fire safety inspection with a report to the county or municipal fire official, and deficiencies corrected within a set time. | An inspection at opening only, or annual inspections without a report. |
TrafficCriteria 41 to 43
| # | Criterion | 2 Points | 1 Point |
|---|---|---|---|
| 41 | Traffic | Traffic impact study in every case, covering construction and operation and reaching the nearest arterial or interchange the trucks will use. | Study above a size threshold, or covering operation only. |
| 42 | Road Access | Arterial or collector road access and a secondary emergency access. | One of these. |
| 43 | Construction Impacts | Construction days and hours, haul routes on county, township, and municipal roads, and road security through posting and an excess maintenance agreement or bond. | Some of these. |
AccountabilityCriteria 44 to 52
| # | Criterion | 2 Points | 1 Point |
|---|---|---|---|
| 44 | Decommissioning and Reuse | Recorded agreement with security of at least 110% of removal cost; fuel, batteries, generators, and outdoor equipment removed within 6 months of abandonment; and buildings removed unless lawfully reused within 2 years. | Agreement or plan without financial security. |
| 45 | Cost Updates | Estimate updated after the first year and at least every 5 years, with security adjusted to match. | Updated at least every 10 years or at transfer of ownership. |
| 46 | Definition Scope | Definition covers cryptocurrency mining and artificial intelligence or high-intensity computing regardless of technology, with an exemption for accessory computer rooms below a stated size or power. | One of these. |
| 47 | Compliance Reporting | Ongoing reports on noise, water, or power use. | One report after opening. |
| 48 | Enforcement | Stated grounds for suspension or revocation after notice and a hearing, together with enforcement by injunction under SDCL 11-2-34 for a county or SDCL 11-4-7 for a local government. | General enforcement provision, or penalties without stated revocation grounds. |
| 49 | Independent Review | Applicant pays reasonable fees for the county's or local government's consultants to review its studies in permit review. | Independent review allowed, cost not assigned. |
| 50 | Public Engagement | Applicant community meeting before planning commission review and a project website kept current through final approval. | One of these, or an extended comment period. |
| 51 | Confidentiality Agreements | Officials, staff, and consultants barred from signing NDAs with data center applicants, by ordinance, resolution, or written policy. | NDAs allowed but must be disclosed and approved at a public meeting. |
| 52 | Applicant Disclosure | Applicant names the developer, operator, and end user before approval, or files a binding worst-case operating profile and names the end user before occupancy. | Applicant must name developer or operator. |
Scoring Rules
- Ratings come only from the full ordinance text: the zoning ordinance, its amendments, and any other adopted ordinance that applies to data centers.
- An ordinance that meets only part of a multi-part 2-point standard earns 1 point.
- A general rule that applies to all uses earns points only if the ordinance says it applies to data centers.
- Criteria 51 and 52 may be met by any adopted ordinance, resolution, or policy.
The 104-point total is reported as a number only. The overall coverage rating (Broad, Partial, Narrow, or No coverage) always comes from the Core Protections count, and each category scorecard uses Strong, Moderate, Weak, or None by its share of that category’s points.
Changes to the Standard
Tracker Standard version 2.0 (October 29, 2026), South Dakota wording (November 11, 2026). The 52 criteria and the points are the same as in the Pennsylvania Data Center Ordinance Tracker, so ratings in the two states can be compared. After a legal review of all 52 criteria, the standard now rewards the most defensible rule rather than the largest number, and every rated ordinance was rescored.
What changed in version 2.0
Expansion Limits replaced Grid Cost Protection as a Core Protection, because local governments have no power to decide who pays for grid upgrades. Noise limits tied to the measured background now earn full credit, decommissioning allows reuse of the building, and requirements tied to state permits count when written as conditions of approval. Every rated ordinance was rescored under version 2.0. Where a stricter test could not be confirmed from the recorded evidence, the earlier score stands until the ordinance text is reread.
On October 28, 2026, the protection labels Best Standard, Basic Standard and Not Addressed replaced Strong, Moderate, Weak and None; the numbers and colors did not change. On November 4, 2026, a category that earns no points was relabeled None, so that Not Addressed is used only for the ten protections.
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Strengthen an Ordinance
The Ordinance Builder sets a standard for each of these 52 criteria, shows which South Dakota counties, cities, and towns already adopted it, and drafts an ordinance for your attorney.