Loading map…
Regbase

The Data Center Divide

Miami County

Anti-Data Center Policies

Although described as proposed, Miami County’s enacted measure permits data centers in industrial and commercial districts, but requires agricultural-site approval, large setbacks, studies, assurances, insurance, and decommissioning funds.

current law · Unincorporated areas
Regulates data centers in unincorporated Miami County by restricting where they can be built and setting requirements for setbacks, noise, utilities, safety, environmental review, and permits.Indiana Proposed Ordinance to Amend the Zoning Ordinance to Regulate Data Center Development (2026)

What this means

The measure allows data centers in industrial and commercial districts, but agricultural sites need special approval and projects face large setbacks from homes and community facilities (siting and setback rules). Required studies, utility and water assurances, insurance, and decommissioning funds add substantial cost and approval work (required plans and assurances).

People behind it

  • Initiated and proposed the zoning ordinance amendment.

  • Considered and adopted the ordinance, amending the Plan Commission’s proposal.

  • Reviews applications, handles permitting, and administers and enforces the ordinance.

Restrictions & requirementsHide restrictions & requirements26
  • Data centers may be built in I-1, I-2, B-2, and B-3 districts; in A-1, A-2, and A-3 agricultural districts they require a special exception. Permitted only by Special Exception

  • Setbacks include 500 feet from a residential dwelling on another parcel, 300 feet from a public roadway right-of-way, and 1,500 feet from a church, school, hospital, nursing home, or primary-structure foundation in a major residential subdivision. The 1,500-foot requirement does not apply when the development parcel is zoned I-1 or I-2; agricultural special-exception projects have a 300-foot roadway setback. Minimum setbacks

  • Noise from any data-center component may not exceed 55 decibels at the property line. 55 decibels

  • Backup generators require IDEM permitting and may be used only for testing or emergencies. limited to testing and emergency usages

  • Mechanical equipment, including generators, must be screened from public view; applicants must also provide a visual-screening report and landscaping plan. screened from public view

  • Cooling must use closed-loop water or air-only systems. Any discharge, release, or removal of fluid from a closed-loop system is subject to IDEM regulation; the water plan must provide 110% of anticipated designed consumption and document zero discharge under normal operation. Only closed-loop water or air-only cooling systems

  • On-site utility lines must be underground, except for the main service connection at the utility right-of-way and new interconnection equipment, including poles. All onsite utility lines shall be placed underground

  • Perimeter security fencing must comply with state and federal requirements, be designed to prevent unauthorized entry, and be at least six feet tall. Fences must be no less than 6 feet tall

  • Before construction, applicants must obtain development-plan approval, any required zoning-board variances or special exceptions, a state construction design release, and county improvement-location and building-construction permits. Prior to construction

  • The zoning administrator must send applications to the Grissom Air Reserve Base IEMT Coordinator for a written military-impact determination. A response or request for more time is due within seven business days; if no response arrives, the county may treat that as an indication of no adverse impact. A requested federal review under 10 U.S.C. 183a may also precede a county decision. within seven (7) business days

  • Applicants must provide an INDOT acknowledgment; utility assurances on capacity, infrastructure cost allocation, equipment adequacy, and avoiding electrical interference or outages; water-rights or public-utility supply verification; waste and wastewater assurances; health and fire approvals; a drainage-board-approved plan; and a traffic-impact analysis. Traffic Impact Analysis

  • A lighting plan must meet Dark Sky standards, including fully shielded fixtures, downward-directed lighting, limits on light trespass and uplight, and specified brightness guidance. Dark Sky Lighting standards shall be utilized

  • Applicants must disclose hazardous materials and wastes, quantities, classifications, generator status, storage, and disposal methods, and demonstrate compliance with cited federal and Indiana requirements. Hazardous Materials Disclosure

  • Construction hours may not exceed 6:00 a.m. to 6:00 p.m., Monday through Saturday. Hours of construction operation

  • A county road-use agreement is required, covering access, road-damage repairs or fees, and potentially a surety bond for future repairs; county approval is also required before placing data-center infrastructure in a county road right-of-way or dedicated easement. County Highway Department signed agreement

  • Applicants must submit an energy-efficiency plan signed by the incumbent utility provider, including the share of facility energy expected from renewable sources for 25 years. for 25 years

  • Applicants must submit an acoustical-engineer-prepared noise study and mitigation plan, including possible sound barriers and a commitment to add barriers if standards change or project noise increases. A noise study and mitigation plan

  • Projects exceeding 100,000 square feet of total gross floor area on the premises must include an environmental impact analysis addressing projected power and water use, grid and water availability, emissions, and effects on environmental, agricultural, historic, and cultural resources. more than 100,000 square feet

  • Applicants must provide a decommissioning plan and enforceable financial assurance sufficient to cover the estimated costs of decommissioning, removal, and cleanup. estimated cost of decommissioning

  • Applicants must verify compliance with the county Comprehensive Plan or provide an acceptable path to compliance, particularly on land use, conservation, and emissions-reduction goals. verify in the petition compliance

  • Owners or operators must maintain liability insurance of at least $2 million per occurrence and $5 million aggregate, provide renewal certificates, and arrange for notice to the county at least 30 days before cancellation or termination. at least $2 million per occurrence and $5 million in aggregate

  • Before occupancy, operators must train the fire departments serving the facility, disclose potential environmental contamination or volatile substances, file training reports within 30 days, and provide written evidence of training to the Plan Commission. before a certificate of occupancy is granted

  • Applicants seeking tax abatements or other governmental economic incentives must submit an Economic Development Agreement approved by the County Commissioners and developed in consultation with the county economic development authority and County Council. seeking tax abatement

  • Applicants, owners, or operators must pay the county fee-schedule fees before construction. pay the required fees in full

  • Owners or operators must notify the zoning administrator of changes in ownership or operation during the facility’s life. all changes in ownership and/or operation

  • Violations may result in an immediate stop-work order, a penalty of up to $500 for each order, permit suspension or revocation, and fines of up to $2,500 per day while a violation continues. up to Two Thousand Five Hundred Dollars ($2,500.00) per day

Benefits & exceptionsHide benefits & exceptions6
  • Data centers are permitted in I-1 and I-2 Industrial and B-2 and B-3 Commercial districts; in A-1, A-2, and A-3 Agricultural districts, they may be allowed by special exception. Permitted districts and agricultural exceptions

  • The ordinance establishes a development-plan and permit pathway: applicants may seek Development Plan approval and commercial improvement-location and building-construction permits, which the Zoning Administrator may issue if the application complies with the ordinance. Permit review and issuance

  • The Board of Zoning Appeals may grant a variance from any ordinance requirement, after an application and public hearing. Variance authority

  • If the military-installation coordinator does not respond within seven business days, the proposed development may be treated as having no identified military obstruction or adverse impact; the coordinator can instead respond or request more time within that period. Seven-business-day response rule

  • An applicant may seek tax abatement or other governmental economic considerations by submitting an Economic Development Agreement or similar document for County Commissioners’ approval. This creates an application route, but does not guarantee an incentive. Projects seeking tax abatement

  • The required utility-provider verification is to address whether adequate capacity is available or can be provided through planned expanded supply lines and substations, as well as whether equipment and infrastructure can meet the project’s requirements. Utility capacity and infrastructure assurances

Sources

Specific to Miami County only.

expired · Unincorporated areas
Pauses acceptance, review, and approval of permits for data centers and related facilities in unincorporated Miami County until the county adopts data center zoning rules.Indiana Ordinance imposing a temporary moratorium on the development of data centers (2026)

What this means

The measure would halt approvals and permits for data center construction and operation, including related facilities, across all zoning districts in unincorporated Miami County pending new zoning rules. It has no fixed end date, so the pause could cause substantial delays, though it is not a permanent ban.

Timing

Ends
Until the Zoning Ordinance is amended to provide regulations related to data center projects within Miami County.

The moratorium applies in the unincorporated areas of Miami County. It remains in effect until the Zoning Ordinance is amended.

People behind it

  • Initiated the proposal for a temporary data center moratorium and recommended its adoption.

  • Adopted the moratorium ordinance.

  • Named as chairman and signatory on the moratorium ordinance adopted by the Board of Commissioners.

Show 2 more peopleShow fewer people
  • Named as a signatory on the moratorium ordinance adopted by the Board of Commissioners.

  • Named as a signatory on the moratorium ordinance adopted by the Board of Commissioners.

Restrictions & requirementsHide restrictions & requirements4
  • A temporary moratorium bars accepting, processing, or approving applications and permits for data center projects—including related structures and appurtenant facilities—in all zoning districts in unincorporated Miami County. It took effect upon adoption and lasts until the zoning ordinance is amended to regulate data centers. temporary moratorium

  • A data center must be at least 500 feet from any residential dwelling. 500 feet from any residential dwelling

  • A data center in A-1, A-2, or A-3 Agriculture zoning districts requires a Special Exception from the Board of Zoning Appeals. Special Exception

  • Noise from any data center component may not exceed 55 decibels, measured at the property line. shall not exceed 55 decibels

Sources

Data provided by Regbase · Cookie preferences · Report missing data