Ledger
Electoral-Surface Read·MODERATE·Emerging·ND

North Dakota

North Dakota's 2026 data-center oversight is emerging: several western/central county moratoria (Mercer, Dunn; Oliver adopted then repealed) driven by NextEra NDA-shrouded land buys, a new Interim AI & Data Center Committee to prep 2027 legislation, and Applied Digital's large Ellendale campus expanding — but no statewide regime (the Legislature was not in session in 2026) (Route Fifty/ND Monitor, National Today — Mercer).

Energy/PowerWater/GeologyCivic / Governance Barriers

Civic/Governance Barriers activates on moratorium-class action (C1) — governance instruments on the electoral, legislative, and regulatory surface (protocol §10; Overview Civic breakout). Energy/Power (grid interconnection, on-site backup generation, western coal-country siting) and Water/Geology (water consumption, a stated study focus) are the primary drivers (Route Fifty). NDA-shrouded land assembly, questions about who bears grid costs, and the scale of Applied Digital's $5B hyperscaler lease remain landowner/fiscal-risk concerns the 2027 committee will examine, but no live cost-allocation dispute has yet materialized (DCD).

None identified as data-center-defined. The clearest local signal is Oliver County Commission candidate Mike Berg, who called the new state study committee 'too little, too late' and a possible 'PR stunt,' stressing local siting control (Route Fifty); no statewide/federal ND race centers on the issue.

No statewide moratorium; a cluster of enacted county moratoria. Mercer County adopted a one-year moratorium on new AI data-center permits on March 4, 2026 (amid NextEra NDA-shrouded land purchases) (National Today, Interconnected Capital). Dunn County approved a 12-month moratorium (data centers, solar, battery storage) on March 24, 2026 (Dakota News Network). Oliver County adopted a 180-day moratorium March 13, 2026, then repealed it ~April 30, 2026 at a special meeting — Applied Digital filed a rezoning May 2 (Interconnected Capital, KXNET via YouTube).

No 2026 ratepayer statute (biennial legislature not in session; per ION Analytics ND had no 2026 data-center bill on the table because it was not in session) (ION Analytics). Prior enacted law: HB 1539 (2025) exempted large (>50 MW) on-site backup generation not connected to the grid from PSC Siting Act review (effective Aug. 1, 2025) (ND Governor). Ratepayer/cost issues are slated for the 2027 session via the new Interim AI & Data Center Committee (Route Fifty).

None identified. No Nov. 2026 North Dakota data-center ballot measure was identified.

Applied Digital 'Polaris Forge 1' campus, Ellendale (Dickey County): the state's flagship AI/HPC campus, which on June 24, 2026 secured a $5B, 15-year lease with a hyperscaler and continues expansion (DCD — Applied Digital $5bn lease, ND Governor). NextEra/Boulevard Associates land assemblies (~530+ acres, NDA-shrouded) in Mercer County drove that moratorium (Interconnected Capital). Oliver County ('Center' area) is an active flashpoint (Route Fifty).

Not a leading ND stressor; the Applied Digital expansion pairs with a housing project in Ellendale but no distinct labor-organizing or jobs-delivered dispute rose to prominence (ND Governor).

Emerging but with a large anchor: Applied Digital's Ellendale (Polaris Forge) HPC campus plus prospective NextEra/Google-related sites in Mercer/Oliver/Cass counties (DCD, kfgo).

"The decisions the Legislature makes in 2027 regular session will shape how the technology lands in our communities for the next two decades." — Senate Majority Leader David Hogue (R-Minot) (Route Fifty).