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Box Elder County Attorney Issues Legal Decision on Referendum Applications for Resolutions
May 28, 2026FOR IMMEDIATE RELEASEBox Elder County Attorney Issues Legal Decision on Referendum Applications for Resolutions BOX ELDER COUNTY, UTAH — Box Elder County recently received three applications for referendum from two different groups challenging the Box Elder County Commission's decision to pass Resolutions 26-11 and 26-12. The applications from the first group were received on May 8, 2026, and the applications from the second group were received on May 11, 2026."The Box Elder County Clerk's Office is committed to overseeing the referendum process with strict adherence to state law," stated Marla Young, the County Clerk. "Whenever an application is filed, we immediately initiate the required statutory review, which involves submitting the application to the County Budget Officer for a fiscal impact statement and to the County Attorney for a mandatory legal analysis to determine if the measure can legally be placed on the ballot."Following a mandatory legal review of these applications, Box Elder County Attorney Stephen R. Hadfield has officially determined that neither resolution is legally referable to voters. As a result, the referendum applications have been rejected.Hadfield stated that the determination was based on his legal obligation to apply Utah constitutional, statutory, and case law governing referendum eligibility.“I acknowledge and take very seriously my responsibility to uphold the constitutional right of Box Elder County residents to refer legislative actions of the Box Elder County Commission to the voters for their approval or rejection. This constitutional right is implemented by Utah State statute and applies only to County Commission actions which create new laws. In my opinion, both the statute and the case law interpreting it define Resolutions 26-11 and 26-12 as administrative actions of the Box Elder County Commission, not newly created laws. Accordingly, because I am obligated to interpret and uphold the law, I am legally bound to reject the applications for referenda of these resolutions. I fully anticipate and appreciate that this will allow referendum sponsors who disagree with my opinion to appeal to the state courts for further guidance and resolution.” Understanding the Local Referendum Process In Utah, citizens have the right to circulate a referendum petition to submit a passed local law to a vote of the people for their approval or rejection. When eligible voters file a referendum application with the local clerk, the county attorney has 20 calendar days to review it and determine if the proposed referendum is legally referable to voters. The attorney must then provide written notice of this determination to the sponsors. Under Utah's Election Code, a proposed referendum is not referable if it challenges a government action that is administrative, rather than legislative, in nature. Legislative acts create new laws of general applicability based on weighing broad policy considerations, whereas administrative acts simply implement laws that already exist.Statutory Fiscal and Legal Analysis By law, within three business days of receiving a referendum application, the county's budget officer, together with legal counsel, must prepare an unbiased, good-faith initial fiscal and legal impact statement. This statement must evaluate the estimated fiscal impact of repealing the law, including any increases or decreases in taxes, effects on public debt, and costs or savings to local government entities.Box Elder County Auditor Shirlene Larsen, acting as the budget officer, completed the required fiscal analysis. The resulting analysis determined that repealing the resolutions would result in the loss of guaranteed revenue, including $5.4 million annually and an estimated $108 million annually at full capacity. Furthermore, if the development moves forward without the resolutions, the county would likely face increased expenditures of approximately $5.4 million per year for services such as fire, ambulance, and police, and holding a special election for the referendums would cost the county an estimated $55,000.“My duty as the County’s budget officer is to prepare an unbiased, good-faith estimate of the fiscal and legal impacts these referendums could have on Box Elder County,” stated County Auditor Shirlene Larsen. “In this role, I serve as a neutral party responsible for providing factual information required under Utah law. I am committed to fulfilling these statutory requirements, so the public has a clear and accurate understanding of the potential financial consequences, including possible impacts to projected revenue and estimated costs to local government.”Resolution 26-11: Consent for MIDA Project Area Resolution 26-11 provided Box Elder County’s formal consent to include specific land in the Military Installation Development Authority (MIDA) Stratos Project Area. The County Attorney determined this action is an administrative act, not a legislative one, because it does not create a new law of general applicability. Instead, the resolution acts as a record of consent that implements provisions of the MIDA Act, which mandates counties to cooperate with MIDA. Under the state's MIDA Act, a county's consent to include land in a project area is irrevocable, meaning the resolution cannot be overturned.Resolution 26-12: Interlocal Cooperation Agreement Resolution 26-12 authorizes an interlocal cooperation agreement with MIDA, obligating the County to provide emergency services and road maintenance for private land within the project area in exchange for tax revenue. The agreement also outlines ten specific standards for the project area, such as requiring valid water rights, allowing a maximum of 150 hotel rooms, and prohibiting permanent residences. The County Attorney found that this agreement is administrative because it implements MIDA's existing project area plan and acts as a specific contract between the County and MIDA, rather than creating a new, generally applicable law.Because both resolutions represent administrative implementations of existing laws and are not broadly applicable legislative acts, state law dictates that they cannot be placed on the ballot for a voter referendum. The sponsors of the proposed referendum have been notified in writing of these rejections. Under Utah law, sponsors have the right to challenge or appeal a rejection decision to a district court or the Utah Supreme Court within a specified timeframe.Further Information For further information on local referendum processes, the public is encouraged to visit the Lieutenant Governor's website. Additional information on these referenda applications, the associated fiscal impact statements, and other associated records is available on Box Elder County’s website.**To protect the judicial process as the sponsors consider whether or not to move forward through the court system, the county elected officials and staff will not be providing additional interviews at this time. Questions related to the county’s decisions and participation in the local referendum process can be forwarded to the County’s PIO, Lynnette Crockett.Media ContactLynnette CrockettBox Elder County Public Information Officerlcrockett@boxeldercountyut.gov435-740-7590 cell phone
Stratos Project Press Releases & Documents
Posted on May 28, 2026
Box Elder County Attorney Issues Legal Decision on Referendum Applications for Resolutions
May 28, 2026FOR IMMEDIATE RELEASEBox Elder County Attorney Issues Legal Decision on Referendum Applications for Resolutions BOX ELDER COUNTY, UTAH — Box Elder County recently received three applications for referendum from two different groups challenging the Box Elder County Commission's decision to pass Resolutions 26-11 and 26-12. The applications from the first group were received on May 8, 2026, and the applications from the second group were received on May 11, 2026."The Box Elder County Clerk's Office is committed to overseeing the referendum process with strict adherence to state law," stated Marla Young, the County Clerk. "Whenever an application is filed, we immediately initiate the required statutory review, which involves submitting the application to the County Budget Officer for a fiscal impact statement and to the County Attorney for a mandatory legal analysis to determine if the measure can legally be placed on the ballot."Following a mandatory legal review of these applications, Box Elder County Attorney Stephen R. Hadfield has officially determined that neither resolution is legally referable to voters. As a result, the referendum applications have been rejected.Hadfield stated that the determination was based on his legal obligation to apply Utah constitutional, statutory, and case law governing referendum eligibility.“I acknowledge and take very seriously my responsibility to uphold the constitutional right of Box Elder County residents to refer legislative actions of the Box Elder County Commission to the voters for their approval or rejection. This constitutional right is implemented by Utah State statute and applies only to County Commission actions which create new laws. In my opinion, both the statute and the case law interpreting it define Resolutions 26-11 and 26-12 as administrative actions of the Box Elder County Commission, not newly created laws. Accordingly, because I am obligated to interpret and uphold the law, I am legally bound to reject the applications for referenda of these resolutions. I fully anticipate and appreciate that this will allow referendum sponsors who disagree with my opinion to appeal to the state courts for further guidance and resolution.” Understanding the Local Referendum Process In Utah, citizens have the right to circulate a referendum petition to submit a passed local law to a vote of the people for their approval or rejection. When eligible voters file a referendum application with the local clerk, the county attorney has 20 calendar days to review it and determine if the proposed referendum is legally referable to voters. The attorney must then provide written notice of this determination to the sponsors. Under Utah's Election Code, a proposed referendum is not referable if it challenges a government action that is administrative, rather than legislative, in nature. Legislative acts create new laws of general applicability based on weighing broad policy considerations, whereas administrative acts simply implement laws that already exist.Statutory Fiscal and Legal Analysis By law, within three business days of receiving a referendum application, the county's budget officer, together with legal counsel, must prepare an unbiased, good-faith initial fiscal and legal impact statement. This statement must evaluate the estimated fiscal impact of repealing the law, including any increases or decreases in taxes, effects on public debt, and costs or savings to local government entities.Box Elder County Auditor Shirlene Larsen, acting as the budget officer, completed the required fiscal analysis. The resulting analysis determined that repealing the resolutions would result in the loss of guaranteed revenue, including $5.4 million annually and an estimated $108 million annually at full capacity. Furthermore, if the development moves forward without the resolutions, the county would likely face increased expenditures of approximately $5.4 million per year for services such as fire, ambulance, and police, and holding a special election for the referendums would cost the county an estimated $55,000.“My duty as the County’s budget officer is to prepare an unbiased, good-faith estimate of the fiscal and legal impacts these referendums could have on Box Elder County,” stated County Auditor Shirlene Larsen. “In this role, I serve as a neutral party responsible for providing factual information required under Utah law. I am committed to fulfilling these statutory requirements, so the public has a clear and accurate understanding of the potential financial consequences, including possible impacts to projected revenue and estimated costs to local government.”Resolution 26-11: Consent for MIDA Project Area Resolution 26-11 provided Box Elder County’s formal consent to include specific land in the Military Installation Development Authority (MIDA) Stratos Project Area. The County Attorney determined this action is an administrative act, not a legislative one, because it does not create a new law of general applicability. Instead, the resolution acts as a record of consent that implements provisions of the MIDA Act, which mandates counties to cooperate with MIDA. Under the state's MIDA Act, a county's consent to include land in a project area is irrevocable, meaning the resolution cannot be overturned.Resolution 26-12: Interlocal Cooperation Agreement Resolution 26-12 authorizes an interlocal cooperation agreement with MIDA, obligating the County to provide emergency services and road maintenance for private land within the project area in exchange for tax revenue. The agreement also outlines ten specific standards for the project area, such as requiring valid water rights, allowing a maximum of 150 hotel rooms, and prohibiting permanent residences. The County Attorney found that this agreement is administrative because it implements MIDA's existing project area plan and acts as a specific contract between the County and MIDA, rather than creating a new, generally applicable law.Because both resolutions represent administrative implementations of existing laws and are not broadly applicable legislative acts, state law dictates that they cannot be placed on the ballot for a voter referendum. The sponsors of the proposed referendum have been notified in writing of these rejections. Under Utah law, sponsors have the right to challenge or appeal a rejection decision to a district court or the Utah Supreme Court within a specified timeframe.Further Information For further information on local referendum processes, the public is encouraged to visit the Lieutenant Governor's website. Additional information on these referenda applications, the associated fiscal impact statements, and other associated records is available on Box Elder County’s website.**To protect the judicial process as the sponsors consider whether or not to move forward through the court system, the county elected officials and staff will not be providing additional interviews at this time. Questions related to the county’s decisions and participation in the local referendum process can be forwarded to the County’s PIO, Lynnette Crockett.Media ContactLynnette CrockettBox Elder County Public Information Officerlcrockett@boxeldercountyut.gov435-740-7590 cell phone
Stratos Project Press Releases & Documents
Posted on May 28, 2026
Box Elder County Attorney Issues Legal Decision on Referendum Applications for Resolutions
May 28, 2026FOR IMMEDIATE RELEASEBox Elder County Attorney Issues Legal Decision on Referendum Applications for Resolutions BOX ELDER COUNTY, UTAH — Box Elder County recently received three applications for referendum from two different groups challenging the Box Elder County Commission's decision to pass Resolutions 26-11 and 26-12. The applications from the first group were received on May 8, 2026, and the applications from the second group were received on May 11, 2026."The Box Elder County Clerk's Office is committed to overseeing the referendum process with strict adherence to state law," stated Marla Young, the County Clerk. "Whenever an application is filed, we immediately initiate the required statutory review, which involves submitting the application to the County Budget Officer for a fiscal impact statement and to the County Attorney for a mandatory legal analysis to determine if the measure can legally be placed on the ballot."Following a mandatory legal review of these applications, Box Elder County Attorney Stephen R. Hadfield has officially determined that neither resolution is legally referable to voters. As a result, the referendum applications have been rejected.Hadfield stated that the determination was based on his legal obligation to apply Utah constitutional, statutory, and case law governing referendum eligibility.“I acknowledge and take very seriously my responsibility to uphold the constitutional right of Box Elder County residents to refer legislative actions of the Box Elder County Commission to the voters for their approval or rejection. This constitutional right is implemented by Utah State statute and applies only to County Commission actions which create new laws. In my opinion, both the statute and the case law interpreting it define Resolutions 26-11 and 26-12 as administrative actions of the Box Elder County Commission, not newly created laws. Accordingly, because I am obligated to interpret and uphold the law, I am legally bound to reject the applications for referenda of these resolutions. I fully anticipate and appreciate that this will allow referendum sponsors who disagree with my opinion to appeal to the state courts for further guidance and resolution.” Understanding the Local Referendum Process In Utah, citizens have the right to circulate a referendum petition to submit a passed local law to a vote of the people for their approval or rejection. When eligible voters file a referendum application with the local clerk, the county attorney has 20 calendar days to review it and determine if the proposed referendum is legally referable to voters. The attorney must then provide written notice of this determination to the sponsors. Under Utah's Election Code, a proposed referendum is not referable if it challenges a government action that is administrative, rather than legislative, in nature. Legislative acts create new laws of general applicability based on weighing broad policy considerations, whereas administrative acts simply implement laws that already exist.Statutory Fiscal and Legal Analysis By law, within three business days of receiving a referendum application, the county's budget officer, together with legal counsel, must prepare an unbiased, good-faith initial fiscal and legal impact statement. This statement must evaluate the estimated fiscal impact of repealing the law, including any increases or decreases in taxes, effects on public debt, and costs or savings to local government entities.Box Elder County Auditor Shirlene Larsen, acting as the budget officer, completed the required fiscal analysis. The resulting analysis determined that repealing the resolutions would result in the loss of guaranteed revenue, including $5.4 million annually and an estimated $108 million annually at full capacity. Furthermore, if the development moves forward without the resolutions, the county would likely face increased expenditures of approximately $5.4 million per year for services such as fire, ambulance, and police, and holding a special election for the referendums would cost the county an estimated $55,000.“My duty as the County’s budget officer is to prepare an unbiased, good-faith estimate of the fiscal and legal impacts these referendums could have on Box Elder County,” stated County Auditor Shirlene Larsen. “In this role, I serve as a neutral party responsible for providing factual information required under Utah law. I am committed to fulfilling these statutory requirements, so the public has a clear and accurate understanding of the potential financial consequences, including possible impacts to projected revenue and estimated costs to local government.”Resolution 26-11: Consent for MIDA Project Area Resolution 26-11 provided Box Elder County’s formal consent to include specific land in the Military Installation Development Authority (MIDA) Stratos Project Area. The County Attorney determined this action is an administrative act, not a legislative one, because it does not create a new law of general applicability. Instead, the resolution acts as a record of consent that implements provisions of the MIDA Act, which mandates counties to cooperate with MIDA. Under the state's MIDA Act, a county's consent to include land in a project area is irrevocable, meaning the resolution cannot be overturned.Resolution 26-12: Interlocal Cooperation Agreement Resolution 26-12 authorizes an interlocal cooperation agreement with MIDA, obligating the County to provide emergency services and road maintenance for private land within the project area in exchange for tax revenue. The agreement also outlines ten specific standards for the project area, such as requiring valid water rights, allowing a maximum of 150 hotel rooms, and prohibiting permanent residences. The County Attorney found that this agreement is administrative because it implements MIDA's existing project area plan and acts as a specific contract between the County and MIDA, rather than creating a new, generally applicable law.Because both resolutions represent administrative implementations of existing laws and are not broadly applicable legislative acts, state law dictates that they cannot be placed on the ballot for a voter referendum. The sponsors of the proposed referendum have been notified in writing of these rejections. Under Utah law, sponsors have the right to challenge or appeal a rejection decision to a district court or the Utah Supreme Court within a specified timeframe.Further Information For further information on local referendum processes, the public is encouraged to visit the Lieutenant Governor's website. Additional information on these referenda applications, the associated fiscal impact statements, and other associated records is available on Box Elder County’s website.**To protect the judicial process as the sponsors consider whether or not to move forward through the court system, the county elected officials and staff will not be providing additional interviews at this time. Questions related to the county’s decisions and participation in the local referendum process can be forwarded to the County’s PIO, Lynnette Crockett.Media ContactLynnette CrockettBox Elder County Public Information Officerlcrockett@boxeldercountyut.gov435-740-7590 cell phone
Stratos Project Press Releases & Documents
Posted on May 28, 2026
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Notice of a Proposal of Agriculture Protection Area (Elwood Area)
August 19, 2026NOTICE OF PUBLIC HEARINGNOTICE IS HEREBY GIVEN that a public hearing has been scheduled on September 2, 2026 at 5:00 p.m. or as soon as possible thereafter, to receive public input regarding a proposal to create an Agricultural Protection Area in the Elwood area of unincorporated Box Elder County. The public hearing will be held in the Commission Chambers at the Box Elder County Courthouse 1 S Main Street, Brigham City, Utah 84302. All interested parties are invited to attend.
Stratos Project Press Releases & Documents
Posted on August 19, 2026
Notice of Public Hearing for Seasonal Road Closure
NOTICE OF PUBLIC HEARINGNOTICE IS HEREBY GIVEN that a public hearing has been scheduled on September 2, 2026, at 5:00 p.m. to receive public input regarding winter seasonal road closures on the Dairy Valley Road, Willard Peak Road, Rocky Dugway Road, Long Divide Road, and the Short Divide Road in Box Elder County as required by Utah Code § 72-5-105. The public hearing will be held in the Commission Chambers at the Box Elder County Courthouse. 1 S Main Street, Brigham City, Utah 84302. All interested parties are invited to attend.
Stratos Project Press Releases & Documents
Posted on July 31, 2026
BOX ELDER COUNTY COMMISSION ADOPTS TEMPORARY 180-DAY LAND USE REGULATION FOR DATA CENTERS
FOR IMMEDIATE RELEASEJune 10, 2026BOX ELDER COUNTY COMMISSION ADOPTS TEMPORARY 180-DAY LAND USE REGULATION FOR DATA CENTERSBOX ELDER COUNTY, UTAH — The Box Elder County Commission voted Wednesday to adopt Ordinance No. 654, establishing a temporary 180-day land use regulation for data centers, data center power plants, and associated digital infrastructure within unincorporated Box Elder County.The ordinance temporarily suspends the acceptance and processing of new applications related to these development uses while the County evaluates and drafts potential updates to the Box Elder County Land Use Management & Development Code. County leaders said the temporary regulation will provide time to study and consider land use regulations specifically designed to address data centers, data center power plants, and associated infrastructure. Potential areas of review include zoning classifications, overlay districts, development standards, and infrastructure considerations.The ordinance does not permanently prohibit data centers. Rather, it establishes a temporary planning period to allow for research, analysis, public participation, and policy development before any long-term decisions are made.What This Means for the Stratos ProjectThe temporary land use regulation does not affect the Stratos Project. The Stratos Project is located within a project area governed by the Military Installation Development Authority (MIDA). Because Ordinance No. 654 applies only to areas where Box Elder County retains land-use authority, it does not impact the Stratos Project or future land use decisions made within the MIDA project area.What Happens NextOver the next 180 days, County staff and elected officials will evaluate potential amendments to the County's land use code governing data centers and related infrastructure. Any proposed amendments will follow the County's public process, including Planning Commission review, public hearings, and County Commission consideration.During this time, the County will determine what future regulations may look like or whether future data center projects would ultimately be approved, restricted, or prohibited.Public ParticipationCounty officials thanked the residents who attended and participated in public comment at Wednesday's meeting. Community members shared a variety of perspectives, including questions, concerns, recommendations, and support.Residents are encouraged to continue sharing questions and feedback through the County's information portal at boxeldercountyut.gov/stratosproject or by attending future County Commission and Planning Commission meetings.The County will continue providing updates, public documents, meeting information, and frequently asked questions as additional information becomes available.Media Contact:Lynnette CrockettPublic Information Officer | Box Elder County435-740-7590lcrockett@boxeldercountyut.govORDINANCE 654
Stratos Project Press Releases & Documents
Posted on June 10, 2026 | Last Updated on June 10, 2026
County Commission to Vote Tomorrow on 180-Day Moratorium on New Data Centers
Box Elder County Commission to Vote Tomorrow on 180-Day Moratorium on New Data CentersBRIGHAM CITY, Utah – The Box Elder County Commissioners are scheduled to vote on Wednesday, June 10, 2026, regarding the implementation of a temporary 180-day land use regulation. This proposed ordinance aims to immediately suspend the acceptance and processing of new development applications for data center power plants and data centers within the county’s unincorporated regions. This proposed ordinance will allow a six-month period for the county to research, develop, and implement land-use regulations specifically designed to address the significant infrastructure requirements and impacts associated with these types of technology projects.The Context: Learning from Recent DevelopmentsThe need for this temporary pause has been highlighted by recent developments related to the Stratos Project, a proposed hyperscale data center campus facilitated in part through the Military Installation Development Authority (MIDA) and O’Leary Digital. Box Elder County’s current Land Use Management & Development Code does not include specific categories, overlay zones, or objective development standards to adequately regulate data centers or the associated power infrastructure that may support them. While Box Elder County did not approve the Stratos data center itself, this circumstance helped identify gaps in the existing land use code and the need for more defined standards moving forward.Data center development is occurring across the country and is not unique to Box Elder County. In response, the county is implementing a 180-day review period to ensure these types of proposals are carefully evaluated and appropriately managed as they come forward. This temporary pause is intended to provide time for the county to establish zoning and development standards for emerging large-scale land uses that are not currently contemplated by county code. What This Ordinance Will Do If PassedIf enacted, the County will not accept any new zone changes, land use applications, building permits, or business licenses for data centers, data center power plants, or their supporting digital infrastructure in unincorporated Box Elder County, for the 180-day duration of the ordinance.Box Elder County Officials will use this temporary moratorium to determine if or where future developments would be permitted. If a decision is made to allow for future projects, the County would draft strict, objective development standards to guide future applications. This includes exploring the potential creation of overlay zoning districts and new zoning classifications. The goal is to ensure any future projects align with the County's General Plan, protect local resources, mitigate noise, and preserve the rural character of the community.What Does this Mean for the Stratos ProjectThe Stratos Project is exempt from the proposed moratorium because MIDA projects do not go through the standard local land use approval processes. On May 4, 2026, the County Commission passed Resolution 26-11, transferring exclusive land-use jurisdiction to MIDA for the next 50 years. Under state law, MIDA now governs that project area, similar to a municipality, meaning County zoning and land use ordinances do not apply.What Happens Next & Public ParticipationThe Box Elder County Commission will review and vote on this proposed ordinance during their regularly scheduled public meeting tomorrow, June 10, 2026, in a Regular County Commission Meeting. If adopted on June 10th, Ordinance 654 will take effect immediately upon approval by the County Commissioners, and the 180-day temporary land use regulation (moratorium) will begin on that date. The County will have to adopt a new ordinance outlining changes to the County’s land use code within 180 days, or, based on Utah law, the moratorium will be automatically lifted.Residents and media members are welcome to attend tomorrow's meeting to hear the discussion. The public will have the opportunity to comment at the end of the regular meeting, as outlined in the agenda. Box Elder County is committed to responsibly managing technological growth, ensuring that any future developments align with the long-term vision of our community, protect our natural resources, and respect our rural heritage.After the County has an opportunity to decide on what amendments need to be made to the land use code, a public hearing will be held during a county Planning Commission meeting to receive public input. The recommendation from the Planning Commission, following that public hearing, will then be sent to the County Commission for review and possible adoption. Updates will be made public regarding both the Planning and Commission Meetings on our County Webpage and the Box Elder County Facebook Page. Questions can be referred to Lynnette Crockett, Box Elder County Public Information Officer, via email at lcrockett@boxeldercountyut.gov.###Media Contact:Lynnette CrockettPublic Information OfficerBox Elder County435-740-7590 (cell)lcrockett@boxeldercountyut.govBox Elder County Commission to Vote Tomorrow on 180-Day Moratorium on New Data Centers
Stratos Project Press Releases & Documents
Posted on June 09, 2026 | Last Updated on June 09, 2026
Box Elder County Attorney Issues Legal Decision on Referendum Applications for Resolutions
May 28, 2026FOR IMMEDIATE RELEASEBox Elder County Attorney Issues Legal Decision on Referendum Applications for Resolutions BOX ELDER COUNTY, UTAH — Box Elder County recently received three applications for referendum from two different groups challenging the Box Elder County Commission's decision to pass Resolutions 26-11 and 26-12. The applications from the first group were received on May 8, 2026, and the applications from the second group were received on May 11, 2026."The Box Elder County Clerk's Office is committed to overseeing the referendum process with strict adherence to state law," stated Marla Young, the County Clerk. "Whenever an application is filed, we immediately initiate the required statutory review, which involves submitting the application to the County Budget Officer for a fiscal impact statement and to the County Attorney for a mandatory legal analysis to determine if the measure can legally be placed on the ballot."Following a mandatory legal review of these applications, Box Elder County Attorney Stephen R. Hadfield has officially determined that neither resolution is legally referable to voters. As a result, the referendum applications have been rejected.Hadfield stated that the determination was based on his legal obligation to apply Utah constitutional, statutory, and case law governing referendum eligibility.“I acknowledge and take very seriously my responsibility to uphold the constitutional right of Box Elder County residents to refer legislative actions of the Box Elder County Commission to the voters for their approval or rejection. This constitutional right is implemented by Utah State statute and applies only to County Commission actions which create new laws. In my opinion, both the statute and the case law interpreting it define Resolutions 26-11 and 26-12 as administrative actions of the Box Elder County Commission, not newly created laws. Accordingly, because I am obligated to interpret and uphold the law, I am legally bound to reject the applications for referenda of these resolutions. I fully anticipate and appreciate that this will allow referendum sponsors who disagree with my opinion to appeal to the state courts for further guidance and resolution.” Understanding the Local Referendum Process In Utah, citizens have the right to circulate a referendum petition to submit a passed local law to a vote of the people for their approval or rejection. When eligible voters file a referendum application with the local clerk, the county attorney has 20 calendar days to review it and determine if the proposed referendum is legally referable to voters. The attorney must then provide written notice of this determination to the sponsors. Under Utah's Election Code, a proposed referendum is not referable if it challenges a government action that is administrative, rather than legislative, in nature. Legislative acts create new laws of general applicability based on weighing broad policy considerations, whereas administrative acts simply implement laws that already exist.Statutory Fiscal and Legal Analysis By law, within three business days of receiving a referendum application, the county's budget officer, together with legal counsel, must prepare an unbiased, good-faith initial fiscal and legal impact statement. This statement must evaluate the estimated fiscal impact of repealing the law, including any increases or decreases in taxes, effects on public debt, and costs or savings to local government entities.Box Elder County Auditor Shirlene Larsen, acting as the budget officer, completed the required fiscal analysis. The resulting analysis determined that repealing the resolutions would result in the loss of guaranteed revenue, including $5.4 million annually and an estimated $108 million annually at full capacity. Furthermore, if the development moves forward without the resolutions, the county would likely face increased expenditures of approximately $5.4 million per year for services such as fire, ambulance, and police, and holding a special election for the referendums would cost the county an estimated $55,000.“My duty as the County’s budget officer is to prepare an unbiased, good-faith estimate of the fiscal and legal impacts these referendums could have on Box Elder County,” stated County Auditor Shirlene Larsen. “In this role, I serve as a neutral party responsible for providing factual information required under Utah law. I am committed to fulfilling these statutory requirements, so the public has a clear and accurate understanding of the potential financial consequences, including possible impacts to projected revenue and estimated costs to local government.”Resolution 26-11: Consent for MIDA Project Area Resolution 26-11 provided Box Elder County’s formal consent to include specific land in the Military Installation Development Authority (MIDA) Stratos Project Area. The County Attorney determined this action is an administrative act, not a legislative one, because it does not create a new law of general applicability. Instead, the resolution acts as a record of consent that implements provisions of the MIDA Act, which mandates counties to cooperate with MIDA. Under the state's MIDA Act, a county's consent to include land in a project area is irrevocable, meaning the resolution cannot be overturned.Resolution 26-12: Interlocal Cooperation Agreement Resolution 26-12 authorizes an interlocal cooperation agreement with MIDA, obligating the County to provide emergency services and road maintenance for private land within the project area in exchange for tax revenue. The agreement also outlines ten specific standards for the project area, such as requiring valid water rights, allowing a maximum of 150 hotel rooms, and prohibiting permanent residences. The County Attorney found that this agreement is administrative because it implements MIDA's existing project area plan and acts as a specific contract between the County and MIDA, rather than creating a new, generally applicable law.Because both resolutions represent administrative implementations of existing laws and are not broadly applicable legislative acts, state law dictates that they cannot be placed on the ballot for a voter referendum. The sponsors of the proposed referendum have been notified in writing of these rejections. Under Utah law, sponsors have the right to challenge or appeal a rejection decision to a district court or the Utah Supreme Court within a specified timeframe.Further Information For further information on local referendum processes, the public is encouraged to visit the Lieutenant Governor's website. Additional information on these referenda applications, the associated fiscal impact statements, and other associated records is available on Box Elder County’s website.**To protect the judicial process as the sponsors consider whether or not to move forward through the court system, the county elected officials and staff will not be providing additional interviews at this time. Questions related to the county’s decisions and participation in the local referendum process can be forwarded to the County’s PIO, Lynnette Crockett.Media ContactLynnette CrockettBox Elder County Public Information Officerlcrockett@boxeldercountyut.gov435-740-7590 cell phone
Stratos Project Press Releases & Documents
Posted on May 28, 2026
Box Elder County Authorizes MIDA to Initiate Stratos Project
FOR IMMEDIATE RELEASEMay 4, 2026Box Elder County Authorizes MIDA to Initiate Stratos ProjectBox Elder County, Utah — The Box Elder County Commission today approved a resolution giving consent to the Military Installation Development Authority (MIDA) to create the Stratos project area, which may include a state-of-the-art data center to be built in an unzoned area of western Box Elder County.“Today’s decision isn’t the end of the oversight process, but just the beginning,” said Box Elder County Commissioner Tyler Vincent. “We appreciate all the residents who shared comments, questions and concerns with us as we took the necessary time to do a thoughtful evaluation of the project. The agreement we negotiated with MIDA reflects thoughtful consideration of long-term economic opportunity, infrastructure planning, and responsible stewardship.”Before granting its authorization, and despite a short timeline, the Box Elder County Commission took time to conduct significant due diligence, established a page on its website to inform the public that included a feedback form, and reviewed more than 2,500 comments from the community, of which 300 were from Box Elder County residents. The Commission also negotiated for the inclusion of several improvements and guardrail provisions in an interlocal agreement between the County and MIDA, including:• Limits on noise levels at both the data center and power plant not to exceed 55 decibels (similar to the sound level of a dishwasher or neighborhood street).• Restrictions on building heights to align with the County’s emergency response capacity, or, if exceeded, a requirement that the developer provide a new appropriately equipped fire truck every ten years. • Compliance with “dark sky” regulations.• The inclusion of a local landowner on the Development Review Committee that will oversee, and review the project throughout the construction.• For the Developer to allow agriculture uses in and around the development area, including leasebacks to landowners for grazing, ranching and farming.The project area encompasses approximately 40,000 acres of privately held vacant land split into three different sites. One is intended to support large-scale energy generation and a data center, with two additional sites planned for future uses that may include manufacturing, retail, restaurants, hotels, and public works infrastructure (sewer, water, drainage, etc.). These future development areas are also where MIDA anticipates the creation of an estimated 2,000+ jobs associated with the project. Stratos is designed to strengthen domestic energy capacity, support national defense priorities, and create long-term economic opportunity in Northern Utah.The development will be phased over time and designed to coexist with existing agricultural uses through leaseback agreements and conservation buffers. By producing power directly at the site, the project is designed to operate without placing additional demand on the regional electrical grid, preserving reliability for local communities. The developer is also required to pay for the construction, and maintenance of public services infrastructure needed for the project, and into the future.“The combination of site location and design make Stratos one of the most sustainable and effective data centers in the country,” said Paul Morris, Executive Director of MIDA. “This project reflects what’s possible when state and local leaders work together to advance strategic infrastructure that supports our military mission, strengthens energy resilience, and delivers long-term economic investment. We look forward to continuing that collaboration as this project moves forward.”The Box Elder County Commission emphasized its commitment to continued oversight, transparency, and public engagement as the project moves forward. Residents are encouraged to stay informed and continue providing input as additional phases, State regulatory permitting processes, and development details are considered. The Commission will work closely with MIDA, the developer, and the community to ensure the project is implemented responsibly and in a manner that protects the long-term interests of Box Elder County.“From a military standpoint, projects like this matter because national security has to be built into our infrastructure from the start,” said Col. Andy Owens, Director of Utah National Guard Joint Staff. “Investments that strengthen energy resilience and support critical systems help ensure we’re prepared for the challenges ahead and able to operate without interruption when it matters most. Having reliable energy and strong data infrastructure is becoming critical to how we operate, and efforts like this help strengthen readiness in a very real way. We’re grateful for the collaboration and the shared focus on moving military readiness forward.”About MIDAThe Military Installation Development Authority (MIDA) is a state entity focused on supporting military missions and strengthening Utah’s defense-related infrastructure. In partnership with the military, local communities and partners who support military missions, MIDA helps deliver projects that improve readiness, enhance facilities, and support long-term economic and operational growth. Learn more at www.midaut.org###Media ContactsFor Box Elder County:Anne HansenChief Civil Deputy Attorney435-734-3329 ahansen@boxeldercountyut.govLynnette CrockettPublic Information Officer435-740-7590 (work cell)lcrockett@boxeldercountyut.gov
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Stratos Project Press Releases & Documents
Posted on May 04, 2026
Press Release Regarding Box Elder County Defers Decision on Stratos Project
Box Elder County1 South Main StreetBrigham City, Utah, 84302FOR IMMEDIATE RELEASEApril 27, 2026Box Elder County Defers Decision on Stratos ProjectBox Elder County, Utah — The Box Elder County Commission today delayed a decision to approve consent for the proposed Stratos Project after local residents expressed concerns following the County Commission meeting last week. The Stratos Project envisions a state-of-the-art data center to be built in western Box Elder County and was recently approved by the Military Installation Development Authority (MIDA).By deferring a final decision until a later date, the Commission can take additional time to more fully review the project proposal and understand both the potential benefits and impacts to Box Elder County residents and businesses. To make it easier for County residents to ask questions or share concerns about the project directly with Commissioners, the Commission has developed an online feedback form: https://www.boxeldercountyut.gov/641/Stratos-Project. “We want Box Elder County residents to know that we are listening and want to hear from you,” said County Commission Chair Tyler Vincent. “While we’re excited at the potential investment and job creation Stratos can bring, it’s our responsibility to make sure this project is done the right way — protecting our agricultural heritage, maintaining local control, and addressing concerns from our residents. Please send us your thoughts and questions, and we’ll convey them to MIDA and the other project developers.”The Stratos Project is expected to include a large-scale data center campus supported by integrated, on-site energy generation. By producing power directly at the site, the project is designed to operate without placing additional demand on the regional electrical grid, preserving reliability and electricity rates for local communities.A special scheduled Commission Meeting for the Commission to consider the project has been set for Monday, May 4, at 4:00 pm, at the Box Elder County Fairgrounds Fine Arts Building in Tremonton, Utah.About MIDAThe Military Installation Development Authority (MIDA) is a state entity focused on supporting military missions and strengthening Utah’s defense-related infrastructure. In partnership with the military, local communities, and partners who support military missions, MIDA helps deliver projects that improve readiness, enhance facilities, and support long-term economic and operational growth. Learn more at www.midaut.org###Media ContactFor Box Elder County:Anne HansenChief Civil Deputy Attorney435-734-3329ahansen@boxeldercountyut.govFor MIDA:Kristin Kenney WilliamsMIDA970-390-0062kristin@commfluent.comPress Release PDFStratos District Project Area Map (PDF)
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Stratos Project Press Releases & Documents
Posted on April 27, 2026 | Last Updated on May 04, 2026
