Washington County commissioners could not agree on data center restrictions at an Oct. 20 work session, leaving a proposed resolution stalled for the second time in three weeks.
Commissioner Jason Snider, who represents District 3 including Tigard and Tualatin, initially proposed merging portions of amendments from Commissioner Nafisa Fai into the board's original resolution. But county counsel raised legal concerns, and Snider withdrew all his suggestions before the session ended.
The original resolution, first scheduled for consideration Oct. 6, would state the board's opposition to large-scale standalone data centers in unincorporated areas, support moratoriums where development is likely and direct staff to assess whether potential regulations should be considered in its 2027–29 planning work program.
It would not impose binding restrictions, according to Your Oregon News.
Fai pushed for stronger action. Her amendments called for a county data center workgroup, research into environmental and public health impacts, a ban on county employees signing nondisclosure agreements related to data centers and restrictions on county property transactions, easements and permits that could support development.
She also proposed declaring a de facto moratorium on large-scale standalone data centers until the workgroup finished its review. That declaration would not constitute a formal development moratorium under state law.
Snider's compromise would have adopted the NDA ban, transaction restrictions and de facto moratorium language if county attorneys could draft legally sound wording. He opposed creating a workgroup, citing the low likelihood of data center development in unincorporated areas.
Fai agreed to that framework. Commissioner Pam Treece said she supported exploring the changes but wanted to understand their legal consequences.
County counsel then warned that NDA restrictions could conflict with state requirements, and limits on easements, permits and property transactions could disrupt routine county operations. The compromise collapsed.
Vice Chair Jerry Willey, serving as acting chair after the resignation of Kathryn Harrington, sided with the original resolution.
"I like the original one. It did what we intended," Willey said. "It didn't put additional burden on staff."
Fai objected to further delay, saying she believed the board should act immediately. Treece defended the need for more legal review, saying the scrutiny protected all county functions.
Fai then said she intended to bring forward a separate proposal but did not specify what it would contain.
No large-scale standalone data centers exist in unincorporated Washington County, and no applications are pending, according to the Oct. 20 staff report.
County staff said development is unlikely on the limited industrial properties within the urban growth boundary where it could theoretically be permitted, because most are already occupied or face infrastructure constraints.
The disagreement comes less than two weeks before the Nov. 3 election, in which Fai and Treece are competing to succeed Harrington as county chair.
Willey said he would consult county counsel and staff before deciding whether to bring the original resolution forward Oct. 27 or allow more time for review. Commissioners also discussed revisiting the issue Nov. 3, with a possible vote Nov. 10.
