Montana Counties Challenge Right to Compute Act Over Data Centers

Local governments in Montana are struggling to regulate large-scale data center development due to the Right to Compute Act. Passed in 2025 and sponsored by State Senator Daniel Zolnikov, the first-in-the-nation law frames private server use and computation as constitutional rights, restricting government interference unless regulations are narrowly tailored to a compelling interest, such as public health and safety.

In Yellowstone County, officials are challenging the act as overbroad, arguing it creates a chilling effect on their ability to manage land-use, water, and electricity impacts. This conflict centers on a proposed 5,000-acre facility by Quantica Infrastructure in Broadview. While the Yellowstone County District Court recently invalidated a citizen petition against the project on procedural grounds, county leaders are now working with attorney Brian Miller to launch a new regulatory initiative, following a Montana Supreme Court ruling that favored a similar effort in Butte-Silver Bow County.

Other regions have adopted different strategies. Missoula County implemented a one-year moratorium via emergency interim zoning, and the East Helena Planning Board recommended removing data centers from industrial and commercial zoning to block development. Meanwhile, in Tennessee, the Montgomery County Regional Planning Commission approved zoning changes requiring data center operators to provide noise plans and cover all infrastructure upgrade costs.