Washington County's effort to restrict data center development in unincorporated areas hit another wall Oct. 20 after a short-lived compromise fell apart and commissioners left a work session with no agreement on next steps.

The stalemate pushes a possible vote to Nov. 10, according to the Beaverton Valley Times. That is one week after the Nov. 3 election in which Commissioners Nafisa Fai and Pam Treece are competing to become the next board chair, succeeding Kathryn Harrington, who resigned in September.

The resolution, first scheduled for an Oct. 6 vote, opposes large-scale standalone data centers in unincorporated Washington County. In its original form, the measure would acknowledge community concern, support moratoriums where development is likely and direct staff to assess whether regulations should be part of the county's 2027-29 planning work program.

Fai pushed for stronger action. Her amendments called for a county workgroup to review state findings and recommend local policies, research into environmental and public health impacts, a ban on county employees signing data-center-related nondisclosure agreements and restrictions on county property transactions, easements and permits that could help developers.

She also proposed a de facto moratorium on large-scale standalone data centers until the workgroup finished its review. That declaration would not constitute a formal moratorium under state law.

Compromise collapses

Commissioner Jason Snider initially offered a middle path, suggesting the board adopt portions of Fai's amendments, including the nondisclosure and transaction restrictions and the de facto moratorium language, if county attorneys could draft legally sound wording. He opposed creating a workgroup or pulling staff from existing planning priorities.

Fai agreed. Treece said she supported exploring the changes but wanted to understand their legal consequences. Acting Chair Jerry Willey, who took over after Harrington's departure, preferred the original resolution.

"I like the original one. It did what we intended," Willey said at the work session. "It didn't put additional burden on staff."

County counsel then raised concerns that restricting nondisclosure agreements could conflict with state requirements and that limits on easements, permits and property transactions could disrupt routine county operations.

When other commissioners discussed allowing more time for legal review, Fai objected. She said she intended to bring forward her own proposal, though she did not specify what it would contain. Snider then withdrew all of his suggestions.

Treece defended the need for more scrutiny, saying commissioners had a responsibility to weigh the potential consequences of restrictions.

No data centers pending

County planning staff reported that no large-scale standalone data centers exist in unincorporated Washington County and no applications are pending, according to the Oct. 20 staff report cited by the Beaverton Valley Times. Staff said development on certain industrial properties within the urban growth boundary is theoretically possible but unlikely because most are occupied or face infrastructure constraints.

Neighboring cities have moved faster. Hillsboro adopted its first phase of permanent data center regulations on Oct. 20, and Forest Grove approved a 120-day moratorium on Oct. 12, the Beaverton Valley Times reported.

Willey said he would consult county counsel before deciding whether to place the original resolution on the Oct. 27 agenda or allow more time. Commissioners also discussed revisiting the issue Nov. 3, with a possible vote Nov. 10.