Box Elder County says data-center referendum challenges cannot go to voters
Box Elder County’s attorney has determined that referendum applications challenging two county resolutions cannot proceed to a public vote because the resolutions are administrative actions not subject to referendum under Utah law.
The county said the statutory review of applications challenging Resolutions 26-11 and 26-12 was complete by Aug. 9, 2026. The determination leaves the disputed land-use decisions in place through the referendum route described by the county.
What the county decided
The review concerned whether the two resolutions were eligible for a referendum. The county attorney concluded that they were administrative actions, rather than actions subject to the referendum process under state law.
The determination was made by the county attorney, not a court. The county notice does not identify the number of signatures submitted with the applications or specify a procedural remedy for people challenging the decision.
The county’s announcement also does not identify the date on which the attorney issued the determination. It says the statutory review was complete by Aug. 9.
How the decision fits the data-center dispute
On June 10, Box Elder County commissioners approved a temporary 180-day moratorium on new data-center power plants and data centers in unincorporated county areas. The county said the pause would provide time to study the infrastructure requirements and impacts of data centers and develop regulations.
The moratorium applies to new applications in unincorporated county areas. The records cited here do not establish that it governs land inside Brigham City’s municipal boundaries.
The broader dispute also involves the proposed Stratos project. The Salt Lake Tribune reported that commissioners approved an interlocal agreement transferring land-use authority for the Stratos project area to the Military Installation Development Authority for 50 years.
That transfer and the moratorium are separate from the referendum-eligibility determination. The county attorney’s decision addresses whether the challenged resolutions may be submitted to voters; it does not establish that the Stratos project has been canceled, approved, begun construction or received all required approvals.
What happens next
With the referendum applications deemed ineligible under the county attorney’s interpretation of Utah law, residents and landowners face the continuation of the county’s disputed data-center land-use decisions through that process unless the determination is overturned or otherwise challenged.
The 180-day moratorium remains the county’s stated temporary pause for studying data-center infrastructure and developing regulations. Large technology projects can affect how land-use decisions are made and how utilities supply new facilities, making the county’s next regulatory steps significant for property owners, utilities and local communities.
Box Elder County government is based at 1 South Main Street in Brigham City, where county commission business and related public proceedings are conducted.
Sources
- Box Elder County official website and news page, Box Elder County
- County news and public notices, including data-center moratorium context, Box Elder County
- Box Elder County approves moratorium on future data centers. Residents urge further action., The Salt Lake Tribune
Look for updates to this story
Discover more from Interactive News
Subscribe to get the latest posts sent to your email.