The Lincoln County Commissioners adopted 10 pages of zoning regulations for data centers Monday, a significant update from the previous single-page of regulations that were written in the days when warehouse-size developments were expected.

In recent months, the county realized it faces the prospect of hyper-scale developments covering 1,000-2,000 acres. Consequently, officials have spent nearly three months upgrading the appropriate regulations.

The prospect of hyperscale data centers also prompted a citizen’s group to organize. They voiced constructive criticism, presented pages of suggested regulations, asking for tougher standards, clearer measurements and more inspections. And, they came away with additions.

By the end of Monday’s public hearing before the commissioners, the commissioners unanimously agreed to instruct the planning commission — the county’s advisors on zoning issues — to continue to take a longer look at the group’s 42 pages of suggested revisions.

The commissioners also declared that smaller, ancillary data centers, those connected to other businesses such as banks and hospitals, are allowed by right in agriculture, commercial and industrial zones, with no added permit necessary. They define ancillary data centers as those that use 10% or less of a building’s floor space, or 2,500 sq. ft., whichever is less.

Larger data centers must comply with provisions listed in 10 pages of regulations, plus other conditions that may be added per development. Those regulations set standards for water and electric use, noise level, road upkeep, emergency access and decommissioning if a data center shuts down.

Twenty people spoke at the public hearing, all of them urging tougher regulations. One person suggested the county appoint a compliance officer with the ability to measure, preserve and enforce the requirements over the life of each data center.

Muriel Clark of Sutherland, a leading member of the citizen’s group, asked the commissioners to look at each section of the recommendations through the lens of protecting communities, instead of prioritizing the development of data centers.

Also, these requirements have been recently added, prompted by the citizen’s group.

Data centers:

• Are not allowed to begin operation using temporary power generation.
• Shall be inspected for compliance with zoning regulations and special conditions at least once a year and upon receipt of a credible complaint from the public about potential violations.
• Shall provide access for inspections at the request of the Lincoln County zoning administrator upon 48-hour advance written notice.
• Shall notify Lincoln County Emergency Management immediately if emergency generation continues for more than 8 hours.
• Shall submit all reports to local, state and federal agencies simultaneously to the county planning and zoning office. Also, submit annual water and electric consumption reports within the first three weeks of the new year.

The regs also clarify requirements for lighting and visual “screening” with fences, shrubs and trees.

In a related housekeeping action, the commissioners adopted a timeline of up-to-180 days for county officials to act on conditional use permits, complying with the timelines enacted during the last session of the state legislature.

After the meeting, Muriel Clark was disappointed that the commissioners didn’t put more work into the regs before sending them back to the planning commission. The group hoped the board would discuss some of their suggestions at the meeting. They plan to continue to be a factor in discussion.

Clark said they are looking at state statutes, the county’s comprehensive plan, as well as ordinances and regulations from around the country to see where weaknesses still exist. They plan to “stress test” the new regulations to see how they stand up, and provide the results to the planning commission.

Also, she said they are forming a task force that will be able to evaluate data center applications and identify specific concerns.

A broadcast of the meeting is on the Lincoln County’s You Tube channel, HERE.

In conjunction with the hearing, the county commissioners held their regular meeting. They also:

• Approved an application by Raul Ramos for Ramos Administrative Subdivision located in a TA-1 (Transitional Agricultural District) on property described as part of Lot 3, Section 20, Township 12 North, Range 26 West of the 6th P.M., Lincoln County, Nebraska.
• Set Sept. 21 at 11 a.m. for public hearing to receive comments on the proposed 2026-27 fiscal year budget for Lincoln County.

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