Paiute Tribe opposes Iron County's proposed zoning changes near tribal lands

CEDAR CITY — The Iron County Commission met Monday to discuss the proposed Strategic Development Zone overlay ordinance, which could potentially add new zoning regulations to developments, including data centers.

A zone overlay is an extra layer of land-use rules placed on top of a standard underlying zoning district for potential new development. The meeting Monday followed the Planning Commission's Oct. 8 vote to advance new data center rules without changes.

The timing also comes amid the 180-day moratorium on data center applications in Iron County, enacted before the Planning Commission unanimously approved a conditional use permit for the proposed Pronghorn Data Center. The moratorium is scheduled to expire on November 22.

According to the commission's moratorium ordinance, the zone overlay could potentially be applied to "data centers, energy centers, energy generation facilities, battery energy storage systems, industrial campuses, and other developments."

While no decision was made at the meeting Monday, public input was given, including that of the Paiute Indian Tribe of Utah, which, ahead of the meeting, provided a statement regarding its opposition to the proposed plans.

The tribe, which owns approximately 2500-3000 acres of federally designated trust land in Iron County, noted that the zone overlay plans would allow for the building of a large-scale data center "within proximity of tribal lands," adding that doing so would "adversely affect tribal interests and resources."

"The Tribe firmly objects to the actions of Iron County to move forward with the SDZ without meaningfully consulting with the Tribe," a press release from the tribe read. "The Tribe has been and continues to be caretakers of these lands for centuries, holds significant ties to the land, water, and natural resources that will be severely affected by the SDZ and any development thereafter."

Not only did the tribe oppose the plans, but it also noted what it described as a "change in language" by the planning commission that "substantively removes the requirement for Iron County to consult with the Tribe."

In a different statement the tribe drafted to present to the planning commission, which was obtained by KSL for use in this article, the tribe noted that the SDZ plan treats the tribe as a "commenting agency rather than a sovereign Tribal government with inherent governmental authority retaining legal and cultural obligations to protect our ancestral lands."

"Meaningful consultation must occur early and frequently to ensure that the Tribe's voice is heard throughout the process and to ensure consultation requirements are met," the tribes statement continued. "The Southern Paiute relationship to these lands predates county boundaries, zoning designations, and modern systems of land ownership. ... We are presenting the County with an opportunity to incorporate Tribal knowledge as a core component of responsible planning and resource stewardship."

KSL reached out to longtime Iron County Commissioner Mike Bleak about the tribe's concerns, and he said the commission understands that "everyone may not come to the same conclusion as others."

"We appreciate the opportunity to collaborate with our community partners," the statement read. "...We are actively working towards a comprehensive solution to the growth and development in Iron County. We are working toward a solution that will protect the way of life that we have come to expect here, while also balancing the rights to develop private property.

"We understand that everyone may not come to the same conclusion as others," the statement continued. "This is an active and open process and has been since day one. We invite any and all to participate in the process. We thank the hundreds that have engaged and assisted in the process."

The Iron County Commission has not yet scheduled an official vote on the proposed Strategic Development Zone overlay ordinance.

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