Yellowstone County officials on Tuesday directed the county attorney to ask a district court to decide whether a citizen-driven effort to require voter approval for future data center projects is constitutional, a move that could shape how Montana communities manage large-scale technology campuses.
The commission voted unanimously to seek a legal judgment after Deputy County Attorney Steve Williams warned that the initiative may conflict with state constitutional limits on county authority. Williams cited a recent Montana Supreme Court decision, Treasure County v. Edlund, finding that a local initiative seeking to regulate wind farms exceeded county zoning authority and was therefore unconstitutional.
What the petition would do
The citizen petition, spearheaded by Broadview resident Kassi Solberg, would require companies proposing to build or expand data centers to receive approval from two-thirds of registered voters before proceeding. The petition has drawn attention because Quantica Infrastructure has proposed a data center campus on roughly 5,000 acres near Broadview.
"We are simply asking our neighbors to sign a petition so that voters — not bureaucrats — get to decide how massive data center development happens in our communities," Solberg said in a press statement. "Instead of trusting the people they serve, county officials are spending public resources to hire lawyers and go to court to make sure that vote never happens."
Commissioners concluded that resolving the constitutional question in court now would avoid extended litigation later and provide clarity for both proponents and opponents of the ballot measure.
How other Montana counties are responding
Across Montana, local governments are taking different steps as concerns mount about the scale, water use and siting of data centers. In Missoula County, the commission has moved to pause data center construction while it considers regulatory changes. In Butte-Silver Bow, residents are also pursuing a citizen initiative to restrict or require voter approval for such projects.
| County | Recent action |
|---|---|
| Yellowstone | County attorney asked to seek court ruling on petition’s constitutionality |
| Missoula | Commission paused data center construction pending regulation |
| Butte-Silver Bow | Residents pursuing a citizen initiative |
Local impact and next steps
If the district court rules that the petition conflicts with the state constitution under the precedent of Treasure County v. Edlund, the initiative likely would be barred from the ballot. If the court allows the initiative to proceed, Yellowstone County voters could face a binding referendum on future data center permits.
The commission’s move means taxpayers will fund the county’s legal action to seek that determination. Supporters of the petition say they want direct voter control over projects they view as having major local impacts; county leaders say they must follow legal precedent and clarify the scope of county authority.
- Proponents want two-thirds voter approval for new or expanded data centers.
- County lawyers point to a Montana Supreme Court ruling that limited counties’ power to regulate certain energy projects.
- The outcome could affect how Montana counties regulate large, infrastructure-heavy developments statewide.
The investigation and any subsequent court filings are ongoing. Officials have not released a timetable for when district court action will be filed or heard.
Sierra Lambert, News Block
