===== PAGE 1 ===== # NOTICE OF MEETING DUBUQUE COUNTY BOARD OF SUPERVISORS Date: Monday, October 26, 2026 Time: 1:00 PM Place: Board Chambers, 4th Floor Courthouse Or Join Zoom Meeting https://us06web.zoom.us/j/84624242719?pwd=Yf9sszDgXufijQrsafTFRte6Jdf8A0.1 Meeting ID: 846 2424 2719 Passcode: 306974 AGENDA Board members reserve the right to move items from the order listed on the agenda. ### 1. PUBLIC COMMENTS - AGENDA ITEMS 2. Data Center Work Session A. Dubuque County Data Center Planning Process B. Data Center Framework/Roadmap C. Discussion with Deputy Sheriff Joe Kennedy on possible traffic and construction issues D. Discussion with Emergency Management Services Director Tom Berger on EMS Services E. Gap analysis - surface & groundwater testing and monitoring F. Upcoming Meeting Dates In compliance with Iowa Code Section 21.4, Board of Supervisors meeting agendas are posted on the bulletin board outside the Board Chambers and the County website a minimum of 24 hours prior to the scheduled meeting. After such time, the posted agenda will not change; however, agenda packet attachments may be modified or added until the start of the meeting. If you require the assistance of auxiliary aids or services to participate in this meeting because of a disability, immediately call ===== PAGE 2 ===== the County Auditor's Office at 563-589-4499 or the County Personnel Office at 563-589-4445. If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942. ===== PAGE 3 ===== ## DUBUQUE COUNTY DATA CENTER PLANNING PROCESS Initially presented and discussed at Board of Supervisors meeting, June 15, 2026, and updated and approved by the Board, July 6, 2026. ## Scope of Moratorium This moratorium and its resulting recommendations shall apply only to proposed large-scale industrial and/or hyperscale data center developments within the unincorporated areas of the County, including associated or supporting infrastructure. Covered projects include developments requiring significant land use, major electrical infrastructure, substantial water consumption, utility expansion, or campus-style construction. ## SECTION 1 — REQUIRED COMMITMENTS AND DELIVERABLES DURING THE MORATORIUM During the one-year moratorium period, the Board of Supervisors, with support from County staff, shall complete the following actions prior to consideration of any data center application, rezoning request, permit approval, or related infrastructure approval. Responsibility for each action shall be assigned to the appropriate County department or staff member. ### A. Data Center Ordinance Development The County shall draft and publicly review a comprehensive Data Center Ordinance addressing but not limited to: • Land use and zoning standards • Agricultural land preservation • Water usage and resource protection • Utility and power infrastructure impacts Noise and lighting standards Emergency response and fire suppression requirements • Environmental protections including air quality, waste discharge, and stormwater management Road use and infrastructure impacts ===== PAGE 4 ===== • Setbacks, buffering, and screening requirements • Decommissioning and bonding requirements - Submission requirements, technical studies, timelines, interdepartmental review, public notice, impact fees, development agreements, financial assurances, monitoring, enforcement, and reporting Vibration standards, Radio frequency & electro-mechanical standards, Health Concerns, Compliance and penalty enforcement, Construction Period Restrictions, Transparency, Economic development agreement, Costs and Payment assignments ### B. Required Assessments and Reviews The County shall complete the following and other evaluations with appropriate expert and staff review: - Infrastructure and road impact assessments • Water usage and resource assessments • Emergency services capability reviews • Environmental and land use compatibility reviews - Utility and electrical grid impact reviews • Neighboring property impact assessments • Health Impacts and Standards Vibration standards, Radio frequency & electro-mechanical standards, Health Concerns, Compliance and penalty enforcement, Construction Period Restrictions, Transparency, Economic development agreement, Costs and Payment assignments ### C. Public Engagement Requirements The County shall conduct: - A minimum of four public town hall meetings by October 31, 2026 - Weekly public ordinance review sessions involving Supervisors and staff beginning the week of June 22, 2026 • A final public hearing prior to ordinance consideration - The County will maintain a dedicated webpage on the County's website to provide a centralized source of information throughout the moratorium, including schedules, agendas, minutes, draft ordinances, related studies and reports, public comments, timelines, frequently asked questions, and other documents related to the process. ===== PAGE 5 ===== All meetings shall be publicly noticed, recorded, and archived. ### D. Timeline and Deliverables
TimelineDeliverable
Within 60 DaysCompletion of ordinance gap analysis
Within 120 DaysRelease of initial public ordinance draft
Within 180 DaysCompletion of public hearings and updated ordinance draft
Within 300 DaysRelease of final ordinance draft
Prior to ExpirationFormal public hearing and Board consideration
### E. Moratorium Restrictions During the moratorium, neither Dubuque County nor any County department, board, commission, official, employee, or agent shall accept, process, review, approve, issue, or otherwise authorize any discretionary approval for a covered Data Center project or supporting infrastructure. ## SECTION 2 — EXECUTION STRUCTURE AND PROCESS ### A. Weekly Supervisor Work Sessions The Board of Supervisors shall hold weekly public work sessions throughout the moratorium focused on, but not limited to: • Ordinance development • Staff progress updates • Review of studies and reports • Assignment of responsibilities and deadlines Public questions and feedback, as appropriate Each meeting shall: Be publicly noticed - Include agendas and meeting summaries ===== PAGE 6 ===== Be recorded and publicly accessible ### B. Monthly Progress Reporting County staff and/or designated committees shall provide monthly public progress reports identifying: • Completed deliverables Outstanding tasks • Delays or deficiencies Upcoming milestones and deadlines ### C. Public Drafting and Review Process The ordinance development process shall remain open and transparent through: Public access to draft ordinance language Public review opportunities Open discussion of revisions and recommendations ### D. Accountability and Tracking At the conclusion of each meeting: - Action items shall be assigned Deadlines shall be established Progress shall be publicly tracked A final public findings report will be produced by County staff summarizing the planning process, technical analyses, public input received, recommendations considered, and the rationale supporting the adopted ordinance and any related policy decisions. The moratorium process shall remain focused on ordinance development, completion of required studies, public engagement, and establishment of enforceable protections prior to consideration of any data center proposal. ## SECTION 3 — CONDITIONS FOR TERMINATION OF THE MORATORIUM The Board may consider the termination of the moratorium in accordance with the Moratorium Resolution adopted by the Board on July 6, 2026. ## Extension Provision The Board may extend the moratorium in accordance with its moratorium resolution. ===== PAGE 7 ===== Adopted by the Dubuque County Board of Supervisors this 6th day of July, 2026.
Harley V. Pothoff\nHarley V. Pothoff (Jul 7, 2026 16:51:23 CDT)
Harley V. Pothoff, Chair\nDubuque County Board of Supervisors
ATTEST:
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Keith Lucy (Jul 7, 2026 15:17:37 CDT)
Keith Lucy, Dubuque County Auditor ## PLANNING PROCESS REVISION LOG
RevDescriptionBOS Approval
#1BOS Data Center will be weekly in weeks the Board has no regular meeting
2Conservation will be a required assessment in Sec. B
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PHASE 9 – ORDINANCE FRAMEWORK
PHASE 9 - ORDINANCE FRAMEWORK
☐ 1. PURPOSE☐ 2. DEFINITIONS☐ 3. APPLICABILITY☐ 4. ZONING☐ 5. SITING STANDARDS☐ 6. ENVIRONMENTAL STANDARDS
☐ Clearly define why the ordinance exists. ☐ Protect health, safety, welfare, land, and future generations.☐ Avoid ambiguity. Examples: ☐ Data Center ☐ Hyperscale ☐ Campus ☐ Expansion ☐ Backup Generator ☐ Cooling Facility ☐ Battery Storage ☐ Utility Infrastructure ☐ Sensitive Receptor ☐ Prime Farmland ☐ Critical Habitat☐ When permit required ☐ Campus expansions ☐ Utility upgrades ☐ Accessory uses ☐ Temporary facilities☐ Conditional Use only. ☐ Never permitted by right.☐ Minimum acreage ☐ Maximum footprint ☐ Maximum impervious coverage ☐ Building height ☐ Setbacks ☐ Buffers ☐ Road frontage ☐ Visual screening ☐ Landscaping ☐ Agricultural compatibility☐ Noise ☐ Lighting ☐ Heat ☐ Air emissions ☐ Stormwater ☐ Water conservation ☐ Wetlands ☐ Groundwater ☐ Tree preservation ☐ Dust
☐ 7. INFRASTRUCTURE☐ 8. OPERATIONAL STANDARDS☐ 9. PERFORMANCE STANDARDS☐ 10. MONITORING☐ 11. FINANCIAL ASSURANCE☐ 12. ENFORCEMENT
☐ Road improvements ☐ Bridge improvements ☐ Traffic control ☐ Utility upgrades ☐ Fiber ☐ Power ☐ Water ☐ Wastewater☐ Emergency plans ☐ Hazardous materials ☐ Generator testing ☐ Battery storage ☐ Maintenance ☐ Snow removal ☐ Security☐ Maximum decibel levels ☐ Maximum light spill ☐ Maximum water consumption ☐ Maximum emissions ☐ Maximum vibration ☐ Annual reporting☐ Annual inspections ☐ Independent audits ☐ Water monitoring ☐ Noise testing ☐ Lighting verification ☐ Air monitoring☐ Road bond ☐ Stormwater bond ☐ Landscaping bond ☐ Decommissioning bond ☐ Utility restoration bond ☐ Environmental cleanup bond☐ Inspections ☐ Violations ☐ Civil penalties ☐ Permit suspension ☐ Permit revocation ☐ Injunction authority
☐ 13. DECOMMISSIONING
☐ Timeline☐ Equipment removal☐ Foundation removal☐ Utility removal☐ Soil restoration☐ Agricultural restoration ☐ Bond release only after completion
This structure ensures the ordinance is clear, enforceable, and aligned with county goals, while providing strong public involvement and accountability. ===== PAGE 9 ===== # DUBUQUE COUNTY # DATA CENTER ORDINANCE DEVELOPMENT ROADMAP A CLEAR PROCESS. PROTECTING LAND. SERVING PEOPLE. PLANNING FOR THE FUTURE.
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## ESTABLISH THE FOUNDATION
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Adopt guiding principles that drive every decision and ordinance provision. - Define County priorities. • Affirm commitment to public health & safety, land preservation, and fiscal responsibility. • Ensure transparent public process.
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## FACT FINDING
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• Conduct independent technical assessments (not developer-provided). • Land, utilities, environment, infrastructure, community, and economic analysis. Do not rely on developer-provided data.
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## PUBLIC VISIONING
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• Engage the public early and meaningfully. • Use “conditions” approach. • Hold workshops and stakeholder meetings. Document community values and priorities.
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## COMPREHENSIVE PLAN CONSISTENCY
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• Ensure all policies align with the Comprehensive Plan. • Verify compatibility with future land use, agricultural, conservation, and infrastructure goals. • No ordinance language should contradict the Plan.
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☐ • Map exclusion areas: prime farmland, floodplains, wetlands, karst, parks, schools, scenic corridors, historic resources, etc. • Identify only limited Opportunity Areas.
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## INFRASTRUCTURE CAPACITY STUDY
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• Require applicant-funded, independent studies.
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• Evaluate electrical, water, wastewater, roads, bridges, fiber, emergency services, and more. No approval until deficiencies are identified and funded. ## FISCAL IMPACT ANALYSIS
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• Conduct independent fiscal impact review. • Evaluate revenues, expenses, services, infrastructure, long-term maintenance, and opportunity costs. • Net fiscal benefit must be demonstrated over 30 years.
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## RISK ASSESSMENT
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• Assess environmental, economic, and community risks. • Identify and evaluate potential short- and long-term impacts. • Plan for mitigation and contingencies.
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## ORDINANCE FRAMEWORK
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• Draft ordinance with clear standards and requirements. • Include zoning, siting, environmental, operational, performance, monitoring, financial assurance, enforcement, and decommissioning.
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## PUBLIC REVIEW & ADOPTION
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• Publish draft for public review (minimum 30 days). • Planning & Zoning, Township, Utility, and Legal review. • Public hearing(s). • Revise as needed.
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## POST-ADOPTION IMPLEMENTATION & OVERSIGHT
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• Require annual reporting from data center operators. • Monitor compliance through inspections and audits. • Report publicly on performance and impacts. • Review ordinance annually and update as needed. ## ANNUAL REPORTS SHOULD INCLUDE: • Water use • Electrical consumption Tax revenue • Jobs and payroll • Environmental monitoring Noise and light complaints Emergency responses • Compliance history • Decommissioning fund status ## SITING STANDARDS • Define data center. campus, expansion.
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• Specify when permits and accessory uses are required • Setbacks & buffers • Never permitted • Minimum acreage Never p by right Max footprint by right • Building height limits • Road frontage
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• Visual screening & landscaping landscaping • Agricultural compatibility • Lighting Heat • Air emissions ## ORDINANCE KEY COMPONENTS (INCLUDED IN PHASE 9) • Water conservation • Wetlands • Groundwater • Tree preservation • Dust • Road improvements ## INFRASTRUCTURE REQUIREMENTS
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• Bridge improvements • Traffic control • Utility upgrades • Fiber • Power • Water ## OPERATIONAL STANDARDS
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• Emergency plans • Hazardous materials
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• Generator testing • Battery storage • Maintenance • Maintenance Snow removal • Security ## PERFORMANCE STANDARDS Max decibel levels Max light spill Max decibel levels - Max water use Max emissions Max vibration • Annual reporting ## PUBLIC HEALTH & SAFETY
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• Protect public health • Emergency response coordination • Fire safety • Chemical & fuel storage safety • Air & water quality protection Noise, heat, & light impact limits Protect nearby sensitive receptors ## FINANCIAL ASSURANCE
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• Road bond • Stormwater bond • Landscaping bond - Utility restoration bond • Environmental • Annual inspections • Independent audits • Water monitoring • Noise testing cleanup bond • Lighting verification ## DECOMMISSIONING
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Permit revocation • Inspections Violations
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• Civil penalties
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Timeline ## ENFORCEMENT
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• Injunction authority
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Equipment
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Soil
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Removal Restoration Utility
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Foundation Removal
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Removal Agricultural Agricultural ## CROSS-CUTTING PRINCIPLES Restoration
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AVOIDANCE – Can impacts be avoided? MINIMIZATION – Can remaining impacts be reduced? MITIGATION – Can unavoidable impacts be offset? MONITORING – Will compliance be verified over time?
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ENFORCEMENT – Are meaningful remedies available? ## DECISION GATE MATRIX (ALL GATES MUST BE PASSED)
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Bond release only after completion
1Comprehensive PlanConsistent with adopted county plans.
2Site SuitabilityOutside exclusion areas or meets strict exceptions.
3InfrastructureCapacity exists or upgrades are fully funded by developers.
4Environmental ProtectionIndependent studies demonstrate compliance.
5Fiscal NeutralityPublic costs fully covered and long-term benefits demonstrated.
6Community CompatibilityNoise, lighting, traffic, visual impacts meet standards.
7Financial AssuranceBonds and guarantees in place before construction.
8Public InterestBoard finds project advances public health, safety, and welfare.
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===== PAGE 10 ===== # OFFICE OF SHERIFF DUBUQUE LAW ENFORCEMENT CENTER 770 IOWA STREET – PO BOX 1004 – DUBUQUE, IOWA 52004-1004 PHONES: EMERGENCY 911 – ADMINISTRATION 563-589-4406 – FAX 563-589-7882 September 28, 2026 To: Dubuque County Board of Supervisors, Chairperson Harley Pothoff From: Sheriff Joe Kennedy Re: Datacenter safety concerns Chairperson Pothoff, During a Board of Supervisors meeting a few weeks ago, there was discussion and request for information regarding law enforcement-related issues that have occurred because of datacenters. Following that discussion, I reached out to several Sheriff's and Chiefs of Police in areas that either have completed datacenters within their service areas or have datacenters currently in the construction process, with the purpose of ascertaining the issues they have experienced regarding these structures. The results showed outside of the increased traffic and construction-related complaints during the construction phase of these projects, these law enforcement professionals reported no other concerns with the presence of datacenters within the community. The only call for service they reported receiving to the datacenter site itself was an extra attention to the site due to a terminated construction employee. Feel free to reach out if you have any further questions. Respectfully submitted,
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Joseph L. Kennedy, Sheriff Dubuque County Sheriff's Office
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===== PAGE 11 ===== 14928 Public Safety Way Dubuque, IA 52002-8216 Phone: 563-589-4170 Fax: 563-589-0015 E-Mail: tom.berger@dbqcoema.com Thomas I. Berger, Coordinator Mike Wuertzer, Chairperson Dan Neenan, Vice-Chairperson Date: October 22, 2026 To: Dubuque County Board of Supervisors From: Thomas I. Berger, Emergency Management Coordinator RE: Data Center Ordinance Development In your process of creating an ordinance for Data Centers, I would like you to consider the following as it relates to emergency management. The core focus of emergency management is related to planning, training, exercises, equipment and organization. Things to consider are as follows: ## Planning Include the fire chief having jurisdiction of the project early in the process. They are the best person to know the response capabilities of their department as well as their mutual aid partners. - Tier 2 reporting of onsite hazardous materials to the local fire department and local emergency planning committee as required by state and federal law. This report identifies chemicals and hazards on site and is required annually for updated quantities. - Access locations should be readily marked and familiar with responding agencies. An emergency response plan should be developed and shared with local fire, law enforcement, public health, emergency medical services and emergency management ensuring all agencies are on the same page for response. The plan shall include specific response actions needed to match the hazards in the facility (i.e. battery storage). The plan should also include severe weather sheltering and evacuation plans. Ingress and egress routes for emergency vehicles should be shared and identified in the plans. - Response plans shall be reviewed with company representatives and emergency response agencies at least annually. ## Training Training should be offered to the emergency responders as to the on-site hazards as well as any specific training needs due to the uniqueness of the operations. This could include ===== PAGE 12 ===== hazardous materials kept on site, response to battery fires/storage, and routine response for medical emergencies. Training should be shared with emergency responders as to the safety aspects and equipment on site for use in an emergency. Training should also be offered to any mutual aid fire department within Dubuque County as well as any adjacent county fire department or hazardous materials response team as determined by the fire chief that could reasonably respond to the facility. ## Exercise Annual walk-through familiarization with emergency responders to ensure prompt and appropriate emergency response. Facilities should consider working with emergency management and hosting an exercise that would allow emergency responders to interact and respond with facility staff/safety teams to ensure an adequate and appropriate response to an emergency/mass casualty incident on site. ## Equipment - If specialized equipment is identified to respond to a data center emergency, the cost of the equipment and proper training should be funded by the owner of the facility. ## Other information - Facility contact information should be up to date and shared with the emergency response partners as well as the Dubuque County 911 Center. - Any hazardous materials response to the facility should be reimbursed as required in the Dubuque County Hazardous Substance Ordinance. I had the chance to meet with other county emergency management coordinators last week at our fall meeting of the Iowa Emergency Management Association. They indicated to me that once the data centers are constructed, there is not a lot of interaction between the data centers and the emergency management agency. There is probably more interaction with fire and EMS for response plans and site visits. In Dallas County, the company is working with the local fire department to obtain additional equipment for the department to increase the department's response capabilities. The coordinators did recommend that an emergency response plan for a data center be completed and include the local response agencies in the planning process. This should be the case for a data center or any other type of industry/business that the local fire department may have in their jurisdiction which may present special occupancy, hazards or impacts to agencies responding to an incident. ===== PAGE 13 ===== # 1225 Seippel Road, Dubuque, Iowa 52002 ## MEMORANDUM TO: Dubuque County Board of Supervisors EDR FROM: Ed Raber, Planning & Development Dir., Ed.Raber@dubuquecountyiowa.gov, 563-690-3035 DATE: October 22, 2026 RE: Data Center Gap Analysis – Surface & Groundwater Testing and Monitoring As the County investigates the impacts of data centers, gaps are identified in our ability to measure or fully understand a particular metric or condition. The availability of groundwater is a metric that the County or State does not have available data on to provide an understanding for good decision making. There is a considerable amount of ongoing surface water and well testing going on across Dubuque County, including some testing being conducted by Dubuque County. There is an opportunity to enhance the existing testing into more of a monitoring regimen and expand its gap areas of availability of groundwater, not just its condition. ## Surface Water Testing The Dubuque County Watershed Department has conducted routine monthly surface water testing at 58 sites across the County's HUC-12 sub-watersheds. A dashboard of testing results for all sites can be accessed through the website, www.dubuquecountywatersheds.org. The Watershed Department developed this dashboard in the summer of 2026, and is working to build on that to create additional ways for users to track individual testing sites and to see test results over time. The hand-collected water samples are tested for the following metrics: - Conductivity Total Dissolved Solids - Transparency (cm) - Chloride (mg/L) - Phosphate (mg/L) - pH (mg/L) - Nitrites (mg/L) - Nitrates (mg/L) - Dissolved Oxygen (mg/L) - Temperature (C) - E.Coli (CFU/100mL) ===== PAGE 14 ===== ## Private Well Testing The Dubuque County Public Health Department’s Environmental Health division conducts private well testing for private well owners at their request. Health Departments throughout the state conduct similar testing. Dubuque County Public Health Department applies annually for Private Well Grant funding through the state of Iowa. Testing is not done routinely but rather at the request of well owners. Test results funded through the grant are required to be entered into the Iowa Well Information System (IWIS), a public statewide database. A private well is entirely managed by the well user, including the water supply well, the water distribution system, and all treatment systems. A private water supply connects to fewer than 15 individual connections (like homes, apartments, camp spaces, etc.) and provides water for less than 25 individuals per day. The County Public Health Department permits private well construction. The County's grant-funded testing program may provide testing of private wells for the following: - E-coli/Coliform annually - Nitrate annually Arsenic every three years Manganese every three years - Lead if certain criteria are met PFAS if certain criteria are met Radon if certain criteria are met In addition, the Public Health Department partners with the Iowa State Hygienic Laboratory to offer additional private well testing. The most commonly requested tests include: ○ Nitrate ◐ Arsenic ◐ Manganese ○ Arsenic/Manganese Combined ○ Lead ○ Iron ○ Sulfate ○ Sulfide ○ Fluoride ○ Hardness ○ Total Dissolved Solids ○ Total Suspended Solids ## Public Well Testing Public water systems (PWS) are routinely monitored and tested by certified operators in compliance with Iowa DNR standards and the federal Safe Drinking Water Act rules. There are about 70 public wells in Dubuque County, including 10 owned by the Dubuque County Conservation Dept. The Conservation Dept. director and staff are certified to collect the well tests. Other public well systems include municipal wells, and rural operations where the well serves over 25 users per day, such as restaurants, etc. The public can access historical public well testing results statewide at the IWIS well search database. These public well tests provide an insight into groundwater conditions. One of the things that makes Dubuque County and other northeast Iowa counties somewhat unusual is our karst soils which facilitate ===== PAGE 15 ===== the transfer of surface waters to groundwater. There are multiple groundwater aquifers, some of which are confined and others that interact with surface water. Routine public well testing includes monitoring for: - Nitrates - E-coli - Arsenic - Volatile/organic chemicals Through collaborative work in the Zoning, Watershed, and Health Departments, we are preparing a presentation on historical public well test results for Dubuque County and statewide. This should be available in the next few weeks. ## Groundwater Testing and Monitoring The County has identified a gap in its understanding of groundwater availability, including its recharge rate, and any cyclical variation. This was pointed out by Iowa State Geologist, Keith Schilling during his presentation at NICC in August. Our collaborative department efforts have been reviewing some options for how to develop an understanding of the groundwater status in Dubuque County. We have connected with Johnson County that has recently updated a USGS aquifer analysis and model. This was an expensive process and does not include ongoing monitoring, but does create a useful water model that can be a resource for municipal and public well owners. We have also engaged with Linn County and a private Midwest company that provides non-intrusive technology to monitor water “height” in existing wells. With the number of public wells, including the County Conservation wells and municipal wells, and others, this could create a geographically diverse way to monitor groundwater levels in real time, and with time, a historical trend or pattern. As our investigations continue, we anticipate providing a report later this year, possibly with budget suggestions and possible opportunities for interjurisdictional collaboration. This would go hand in hand with the well testing for contaminants, and the surface water testing already being conducted. The goal of these monitoring and testing regiments would be to develop an understanding of the overall health and availability of our water systems. - Create publicly available interfaces of data for both real time and historical trends and provide analysis of the system statuses. - Evaluate the effectiveness of other initiatives to reduce runoff and erosion, and improved farming practices such as cover crops and no till, to improve water quality in HUC-12 sub-watersheds throughout the County Identify ways to focus resources on “hot spots” to mitigate issues identified in testing and monitoring.