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Regbase

The Data Center Divide

Jay County

Mixed Data Center Policies

Indiana offers qualifying data centers sales-tax breaks and possible local property-tax exemptions, while utility-related requirements may add costs or delay projects. State energy planning could support reliable power, but no new projects or direct incentives are guaranteed.

Rating and summary from Indiana statewide as there are no scored current or future laws outside temporary restrictions for Jay County.

Specific to Jay County only.

current law · Unincorporated areas
Proposes adding a new Jay County zoning section for data center facilities, but the provided documents do not include its requirements or show that it was adopted.Jay County Data Center Ordinance (2026)

Timing

Ends
upon adoption of the proposed amendments

The public-hearing notice states that the solar-farm, commercial battery-energy-system, and wind-farm moratoria will be repealed contingent on adoption of the proposed amendments. No expiration date is stated. The notice does not identify a moratorium for the proposed data-center standards.

People behind it

  • Proposed and recommended adoption of the amended and new ordinance sections concerning solar energy systems, commercial battery storage, wind farms, and data center facilities.

  • Responsible for considering and adopting the proposed ordinance amendments and new sections at the public hearing.

Benefits & exceptionsHide benefits & exceptions4
  • Planned Unit Development (PUD) zoning offers greater design flexibility, including the ability to create an Extraordinary PUD for developments whose uses require unusual design flexibility. A data center would still need the required PUD rezoning, preliminary and final plan approvals, and compliance with applicable conditions. PUD regulations provide greater design flexibility.

  • The PUD framework expressly supports shared services and facilities, which can help coordinate infrastructure for a large facility such as a data center. The project must still satisfy the PUD review, utility, drainage, traffic, and development-plan requirements. economy of shared services and facilities.

  • For an otherwise conforming project requiring an Improvement Location Permit, the Zoning Administrator is directed to endeavor to review and decide the application within three business days. The review may take longer when additional review is needed, and the permit generally lasts 12 months with a possible six-month renewal. review ... within three (3) business days.

  • A data center that is lawfully established could continue as a nonconforming use if later zoning amendments no longer permitted it. However, enlargement, extension, or structural alteration generally requires changing to a permitted use or obtaining Board of Zoning Appeals approval, and abandonment for 12 consecutive months ends the nonconforming status.

Sources

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