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Regbase

The Data Center Divide

Rush County

This restriction takes precedence while in effect. The rating below excludes temporary restrictions.

Mixed Data Center Policies

Rush County has enacted a temporary pause on data-center applications, extended for six months; additional rules require utility-capacity letters, developer-paid utility costs, noise limits, and residential setbacks and buffers.

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

Specific to Rush County only.

current law · County measure
Pauses data center applications in Rush County for an additional six months.Rush County 90-Day Data Center Moratorium (2026)

What this means

The county approved a six-month pause on data-center applications and later approved a six-month extension. That can significantly delay building or expanding data centers, though the sources do not describe restrictions on operating existing facilities.

Timing

Ends
Six months; the sources do not specify a calendar expiration date.

The commissioners approved a six-month data-center moratorium on March 9, with the understanding it could be extended if the UDO was not complete (“6-month moratorium”). On August 10, they approved a further six-month extension (“six (6) month extension”).

People behind it

  • Recommended a data-center moratorium and later recommended a six-month extension.

  • Moved the motions to impose the initial 90-day moratorium and then a six-month moratorium.

  • Moved the motion to approve a six-month extension of the moratorium.

Restrictions & requirementsHide restrictions & requirements1
  • Rush County imposed a moratorium on all data centers for 90 days in February 2026, then approved a six-month moratorium on data-center applications in March, with the possibility of extending it if the UDO was not complete. In August, the commissioners approved a further six-month extension. The APC’s recommendation for a 12-month moratorium was not adopted. 90-day moratorium six-month moratorium six-month extension

Sources

current law · County measure: Areas outside the City of Rushville
Pauses data-center applications for six months and requires utility-capacity assurances, noise limits, restricted generator testing, and setbacks and landscaping near homes.Rush County Six-Month Data Center Application Moratorium (2026)

What this means

A six-month moratorium on data center applications would temporarily stop new projects, and the county later approved a six-month extension. The UDO also adds practical hurdles, including utility-capacity letters, developer-paid utility costs, noise limits, and residential setbacks and buffers, making development and operation substantially harder (data center requirements).

Timing

Ends
Six months after the August 10, 2026 approval of the extension

The Commissioners approved a six-month moratorium on data centers on March 9, 2026, with the understanding it could be extended if the UDO was not complete. They later approved a six-month extension on August 10, 2026.

People behind it

  • Requested a six-month data-center moratorium in its public notice and recommended a moratorium to the Commissioners.

  • Moved the original 90-day data-center moratorium and later moved for a six-month moratorium.

  • Moved approval of a six-month extension of the data-center moratorium.

Restrictions & requirementsHide restrictions & requirements6
  • A countywide moratorium bars data-center applications: commissioners imposed an initial 90-day moratorium on February 13, 2026, approved a six-month moratorium on March 9, and approved a further six-month extension on August 10. (90-day moratorium; six-month extension)

  • The UDO use matrix lists Tier 1 and Tier 2 data centers but shows no permitted or special-exception zoning districts for either. The UDO states that a blank use-matrix cell means the use is not permitted in that district. (Data Center rows; blank-cell rule)

  • Utilities must provide letters confirming sufficient water, electric, and fiber capacity and willingness to serve. The data-center developer must pay all expenses to bring utilities to the site, without shifting those development costs to other customers. (utility capacity and costs)

  • Data centers are subject to property-line noise limits of 60 dBA from 7 a.m. to 10 p.m. and 45 dBA at night. Backup-generator testing is limited to weekdays from 9 a.m. to 5 p.m., with 48 hours’ advance notice to adjacent property owners. (noise and generator-testing rules)

  • Tier 1 data centers must have at least a 200-foot setback and a 100-foot planted landscape buffer where they abut a residential use or residential zoning district. Tier 1 is defined as under 50,000 square feet and/or under 5 MW. (Tier 1 standards)

  • Tier 2 data centers must have at least a 300-foot setback and a 150-foot planted landscape buffer where they abut a residential use or residential zoning district. Tier 2 is defined as 50,000 square feet or more and/or at least 5 MW. (Tier 2 standards)

Benefits & exceptionsHide benefits & exceptions3
  • Tier 1 data centers—defined as facilities under 50,000 square feet and/or under 5 MW—may seek special-exception approval in the A4 Agricultural Park district; the source says they are not allowed in C. This is a discretionary approval route, not automatic permission. Tier 1 – A4 S

  • The data-center definition expressly includes accessory uses such as administrative offices, equipment maintenance, substations, transformers, backup generators, cooling systems, fire suppression, and security facilities, allowing these supporting functions to be part of the data-center site. Accessory uses include

  • A data-center developer may arrange utility service where utilities confirm sufficient water, electric, and fiber capacity and willingness to serve. The developer must pay the costs of bringing utilities to the site, so this is not a county-funded incentive. sufficient water, electric, and fiber optic capacity

Sources

Specific to Rush County only.

pending · County measure
Pauses data-center applications in Rush County under a six-month moratorium extended for another six months in August 2026; the UDO adopted in April contains no data-center-specific rules.Rush County Unified Development Ordinance Approval Pending Data-Center Language (2026)

What this means

The county approved a six-month moratorium on data centers, temporarily blocking new applications and making development substantially harder. The adopted UDO was described as having no data-center language, so the main effect shown here is the temporary pause.

People behind it

  • Recommended that the commissioners accept the UDO without data-center language at that time (meeting minutes).

Restrictions & requirementsHide restrictions & requirements6
  • A countywide data-center moratorium was approved for 90 days on February 13, 2026; on March 9, commissioners approved a six-month moratorium, and on August 10 approved a further six-month extension. The sources do not specify the extension’s exact expiration date. The six-month extension

  • The supplied data-center text indicates Tier 1 data centers require special-exception approval in A4 zoning and are not allowed in C zoning. Tier 1 – A4 S; Tier 1 – C NO

  • Developers must provide utility letters confirming sufficient water, electric, and fiber capacity and willingness to serve; developers must pay all expenses to extend utilities and ensure other customers do not bear development costs. Letters from the appropriate utilities

  • Data centers must keep noise at the property line at or below 60 dBA from 7:00 a.m. to 10:00 p.m. and 45 dBA at night. Backup-generator testing is limited to weekdays from 9:00 a.m. to 5:00 p.m., with 48 hours’ advance notice to adjacent property owners. The maximum noise level

  • Tier 1 facilities—defined as under 50,000 square feet and/or under 5 MW—must maintain at least a 200-foot setback from residential uses or residential zoning and a 100-foot landscaped buffer there, planted with four shade trees and six evergreen trees per 100 linear feet. A Tier 1 Data Center

  • Tier 2 facilities—defined as 50,000 square feet or more and/or at least 5 MW—must maintain at least a 300-foot setback from residential uses or residential zoning and a 150-foot landscaped buffer there, planted with four shade trees and six evergreen trees per 100 linear feet. A Tier 2 Data Center

Benefits & exceptionsHide benefits & exceptions2
  • Tier 1 data centers have less demanding residential-edge requirements than Tier 2: a 200-foot setback and 100-foot landscape buffer, compared with 300 feet and 150 feet for Tier 2. These reduced requirements apply where the facility abuts a residential use or residential zoning district. Tier 1 setback and buffer and Tier 2 setback and buffer

  • The measure identifies administrative offices, equipment maintenance, power-supply equipment, cooling systems, fire-suppression systems, and security facilities as accessory uses of a data center. Accessory uses include

Sources

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