Cass County moves closer to moratorium on data centers

The Cass County Planning Commission voted in favor of a data center moratorium Monday night that would bar development until regulations are in place to govern potential projects. The fairgrounds event center, which was filled with Cass County residents, burst into applause.

The commission approved recommending the moratorium to the Board of Commissioners, which will have the final say over whether to approve one. The planning commissioners also recommended regulations for data centers to the board, but added in the moratorium after its members decided that the county needs more time to fully research and define zoning regulations. Staff said the length of the moratorium, if approved, will be determined by the County Board.

Should the board approve the moratorium, Cass County will become at least the 12th Nebraska county to make such a protective move against data centers. Butler, Box Butte, Custer, Dundy, Furnas, Hayes, Harlan, Johnson, Kearney, Otoe and Seward counties already have moratoriums, with Gage and Garfield also awaiting votes in favor of their recommended moratoriums. Logan County is taking up the question of a moratorium later this week, and Saline County also is in the process of deciding whether to issue a moratorium.

Lincoln County commissioners on Monday voted against issuing a data center moratorium.

Cass County Planning Commission member George Tesar Jr. was the only Planning Commission member who voted against the moratorium. After the meeting, Tesar said it is time to make a decision, and the regulations the commission recommended will work.

The recommended regulations require any data center in Cass County to be built in an industrial-zoned area, of which the county, according to Tesar, has very few. It also includes requirements for a data center developer to use a closed-loop water system for cooling, rather than continually drawing new water into the facility, "where feasible."

Developers of larger centers, often referred to as "hyperscale," must also submit a megawatt build-out plan when filing a conditional use permit for the project. In addition to other stipulations, the regulations require that the only project that would be approved would not have significant negative environmental impacts, or that those impacts can be avoided by the county’s standards.

Water, electricity and environmental concerns dominated the public comment period following the Planning Commissions’ vote on both the recommended regulations and moratorium. Many Cass County residents urged the commissioners to take their time with the new regulations and ensure that no harm would come to their community from a data center.

“What is the benefit to our people to do this?” Terry Tilson of Plattsmouth asked.

Other residents wondered about the physical effects data centers might have on their neighbors. Ellie Sampson, a Cass County resident, said she has heard stories of people living near data centers who started getting migraines from the noise. She added that Cass County is a place that people move to when they want to live in nature.

“What is the long-term impact?” Sampson asked. “We know that (data centers) kill the environment. We know that all of the animals leave. We know that the water leaves. So we have an opportunity with the counties surrounding us to be a haven, and I just pray that you take that opportunity and say ‘no.'”

Janet Johnson, also of Plattsmouth, urged the commissioners not to sign non-disclosure agreements with any potential developers. After the meeting, Tesar said he knew of at least three developers considering Cass County as a possible site but could not recall the names of the companies.

“The AI data centers are not a Democratic or Republican issue, isn't that funny?” Pam Kragt of Cass County said. “First thing I can think of in a long, long time where nobody gives a crap if you're a Democrat or a Republican, because as we all sit here tonight, we live in Cass County in the United States of America, and we still have a say.”

The room erupted into cheers.