Petition organizer Julie Auch submitted 1,342 signatures to the Yankton County Auditor’s Office on Thursday in support of a proposed initiated ordinance regulating data centers in Yankton County.
The petitions will now be reviewed by the Auditor’s Office to determine whether they contain enough valid signatures to meet the requirements for a county initiated measure.
After submitting the petitions, Auch spoke with The Heartland Community Ledger by phone about what happens next and what she wants the public to understand about the proposal.
What Happens Next?
Asked whether the Auditor’s Office had explained the signature-review process or how she would be informed of the results, Auch said she had not received that information.
“The auditor today would not give me any information, so I’m not sure,” Auch said.
Auch said she believes the next steps are outlined in SDCL 7-18A-13, which governs initiated county ordinances and resolutions.
The statute states:
“If a petition to initiate is filed with the auditor, the auditor shall present it to the board of county commissioners at its next regular or special meeting.”
The same statute directs the county commission to submit the initiated measure to a vote of the voters in the manner prescribed for a referendum. It also provides that if a petition is filed within three months before a primary or general election, the ordinance or resolution may be submitted at that election.
Auch said she expects the petitions to be presented to the Yankton County Commission at its next scheduled meeting.
The county’s website lists the next meeting as the Yankton County Commission Annual Budget Meeting – Part 2, scheduled for Wednesday, Aug. 12, 2026, at 4 p.m.
Auch said placing the proposed ordinance on the Nov. 3 General Election ballot would allow Yankton County voters to decide the issue without the county holding a separate special election.
When Would the Ordinance Take Effect?
Asked whether the proposed ordinance would affect the county’s recently adopted six-month moratorium on new data centers, Auch said it would not.
“The moratorium stays in place for the six months,” Auch said.
Auch said she understood that, if approved by voters, the ordinance would take effect the day after the election.
However, SDCL 7-18A-14 provides that an initiated county ordinance or resolution does not become effective unless it is approved by a majority of the votes cast. If approved, it becomes effective the day following completion of the canvass of the election returns.
Purpose of the Proposed Ordinance
Auch emphasized that the petition does not seek to ban data centers.
She said petition signers understood the ordinance is intended to regulate data centers, Bitcoin mining operations, facilities that support the data center industry and other parts of the industry, rather than prohibit them.
According to Auch, the ordinance was drafted to establish regulations that protect the rights of nearby property owners while also providing a regulatory framework for future data center development in Yankton County.
Auch said she believes attempting to permanently ban a particular industry could create legal concerns, while establishing zoning regulations provides standards for how that type of development may operate within the county.
She compared the proposal to Yankton County’s existing regulations for concentrated animal feeding operations, commonly referred to as CAFOs.
“If we’re going to regulate animal feeding operations in ag-zoned land that is actually made for animals, I just think it makes a lot of sense to regulate an industry that’s going to be imposing itself upon ag-zoned land,” Auch said.
Auch said the purpose is to ensure that data centers and related developments are regulated in a way that considers both the rights of the businesses and the rights of people who live near them.
Supporters Seek a Public Vote
In a press release issued following the petition submission, Auch said supporters want Article 30 placed before Yankton County voters.
The total of 1,342 submitted signatures is preliminary until the Auditor’s Office completes its review and determines how many signatures are valid.
If the petition is found sufficient, the process will continue under South Dakota’s county initiative laws.
Disclosure
I am one of several individuals who circulated this petition. I did not initiate the petition, and I am not a Yankton County resident. Because I live outside the county, I could not sign the petition and cannot vote on the proposed ordinance.
I agreed to help circulate the petition so Yankton County residents could decide the issue at the ballot box. My involvement does not represent support for or opposition to the proposed ordinance, and I remain committed to reporting on the issue fairly and accurately.
References and Supporting Documents
- South Dakota Codified Law 7-18A-13. Initiative petition–Presentation to board–Submission to voters
- South Dakota Codified Law 7-18A-14. Majority vote to approve initiated measure–Effective date
- Petition and Proposed Data Center Ordinance Article 30
- Press Release August 6, 2026- Yankton County Residents Submit Initiative Petition to Place Data Center Ordinance Before Voters
- Yankton County Commission meeting listing: Annual Budget Meeting – Part 2, Aug. 12, 2026, at 4 p.m.
