Washington County will restrict easements, property sales and job-creation tax breaks tied to large-scale standalone data centers in unincorporated areas including Bethany, Cedar Mill and Oak Hills.

The Board of Commissioners voted 3-1 Tuesday, Oct. 27, to adopt a resolution with three amendments targeting data center development, as first reported by the Beaverton Valley Times. Commissioners Nafisa Fai, Pam Treece and Jason Snider voted in favor. Vice Chair Jerry Willey cast the lone dissenting vote.

The vote ended weeks of delays and disagreement over how far the county should go.

Under the resolution, county departments are directed not to voluntarily grant easements or rights-of-way that would help build a known large-scale standalone data center. Exceptions exist for legal requirements and certain road improvements. The county is also prohibited from selling, leasing or conveying county-owned property for such development, or entering related nondisclosure agreements unless required by law.

The resolution states that Washington County does not support large-scale standalone data centers in unincorporated areas. It also opposes using tax and financial incentives meant for job creation and long-term employment to attract data centers.

County staff are directed to assess whether future planning documents should include a rules update.

What it doesn't do

The resolution does not establish a formal development moratorium or prohibit data center construction outright. No large-scale standalone data centers exist in unincorporated Washington County, and no applications are pending, according to county officials.

A limited approval pathway could exist on certain industrially designated properties within the urban growth boundary, according to the Beaverton Valley Times. But county staff consider such development unlikely because available properties are generally already developed or face infrastructure constraints.

A path through disagreement

The resolution was originally scheduled for consideration Oct. 6 but was pulled from the agenda by Willey, who is serving as acting chair following the resignation of Kathryn Harrington. Willey said he removed the item to give Fai more time to study the proposal.

Fai had submitted several amendments late Oct. 5. Commissioners reviewed them during an Oct. 20 work session, where Snider suggested incorporating three of Fai's amendments if county counsel could develop legally acceptable language. That discussion ended without consensus. Snider withdrew his suggestions.

Fai brought the same three amendments forward Oct. 27. According to the Beaverton Valley Times, Snider questioned why commissioners had not reached agreement the previous week.

Fai said she would have preferred including all five of her original amendments but was willing to move forward with the three revised by county counsel. Willey had previously favored keeping the original resolution without additional restrictions.

Fai moved to adopt the resolution with the three amendments. Treece seconded the motion.

Neighboring cities act separately

Cities within Washington County have moved ahead with their own restrictions. Hillsboro adopted its first phase of permanent data center regulations Oct. 20 and remains under a development moratorium through Nov. 24. Forest Grove approved a 120-day moratorium Oct. 12.

The county resolution also supports the work of Oregon's Data Center Advisory Committee and moratoriums in jurisdictions where large-scale standalone data center development is likely.