South Dakota Passes Laws Restricting Data Centers

Afternoons Live with Tyler Axness10mApril 7, 2026

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AI-Generated Summary

This episode of Afternoons Live with Tyler Axness explores South Dakota's recent legislative move to regulate data centers before they arrive in the state, contrasting it with North Dakota's more rapid, less regulated approach. Mackenzie Huber from the South Dakota Searchlight explains that South Dakota passed a comprehensive law requiring data center operators to cover infrastructure costs, avoid overburdening local resources like water, and respect local ordinances—without offering tax incentives. The law gained near-unanimous support after Applied Digital, a major player in the sector, publicly endorsed it, affirming they already comply with the proposed standards. Tyler Axness reflects on North Dakota’s 'wild, wild west' development mentality, particularly in oil and infrastructure, and contrasts it with South Dakota’s cautious, forward-thinking model. He praises the state’s ability to learn from others’ mistakes and implement safeguards before large-scale projects begin, offering a sense of peace to local communities wary of unforeseen consequences. The episode underscores the importance of proactive regulation in emerging industries. While North Dakota’s aggressive development has led to community concerns and backlash, South Dakota’s approach—though slower—may prevent long-term environmental and economic strain. The law serves as a template for responsible growth, ensuring that only responsible, well-prepared companies enter the state. As data centers expand across the U.S., South Dakota’s model offers a blueprint for balancing economic opportunity with community protection, especially in rural areas where infrastructure and resources are limited.

Key Takeaways
1

South Dakota passed data center regulations requiring companies to cover infrastructure costs and protect local resources like water and electricity.

2

The law was supported by industry leaders like Applied Digital, who confirmed they already comply with the proposed standards.

3

South Dakota chose not to offer tax incentives, prioritizing community protection over economic baiting.

4

The state’s cautious, '10 years behind' approach allows it to learn from other states’ mistakes before adopting new industries.

5

North Dakota’s fast-tracked development model has led to community concerns and backlash, highlighting the risks of regulatory lag.

…and 3 more takeaways available in PodZeus

Chapters
0:00
2 min

The Rise of Data Centers in the Region

Tyler Axness introduces the growing presence of data centers near Fargo, North Dakota, particularly Applied Digital’s AI data center, and sets the stage for a discussion on regulatory responses in neighboring South Dakota.

2:00
3 min

South Dakota’s Regulatory Approach

We're able to see what happens elsewhere and we can prepare for it, maybe change a little bit and be more ready for things when they come our way.

Highlight
5:00
3 min

Industry Support and Legislative Consensus

We support this. We just want tax incentives.

Highlight
8:00
2 min

North Dakota vs. South Dakota: A Development Contrast

We get, I think, ahead of ourselves from time to time... I don't know that that's always the right approach.

Highlight
High-Impact Quotes
It gives a peace of mind, and quite frankly, I think for those that are just absolutely opposed to these sorts of things, a peace of mind saying, okay, there's a law that's going to at least make sure that those that are coming here are the ones that are going to be that good neighbor.
Tyler Axness6:30
Viral: 80.0
You don't have to rush in saying, hey, look, door's open. I know that that's been the mentality in North Dakota for a very long time.
Tyler Axness9:24
Viral: 78.0
We're able to see what happens elsewhere and we can prepare for it, maybe change a little bit and be more ready for things when they come our way.
Mackenzie Huber6:59
Viral: 75.0
Speakers

Host

Tyler Axness

Guest

Mackenzie Huber
Topics Discussed
data center regulation95%North Dakota vs South Dakota development models92%economic development vs. community impact90%local control over development88%proactive vs reactive policymaking87%state-level infrastructure policy85%water and energy resource management80%tax incentives for tech industries75%
People & Brands

Tyler Axness

person

12xPositive

Applied Digital

organization

6xPositive

Mackenzie Huber

person

4xPositive

Harwood, North Dakota

place

3xNeutral

South Dakota Searchlight

organization

3xPositive

Nick Phillips

person

2xPositive

KFGO

organization

2xNeutral

Pierre, South Dakota

place

1xNeutral

I-29

other

1xNeutral

Bakken oil play

other

1xNeutral

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