Douglas County
Mixed Data Center Policies
Kansas offers qualifying data centers a 20-year sales-tax exemption, conditional on major investment, job, water, security, and power commitments. Facilities with demand of 75 MW or more face stricter utility costs and service terms, while some large sites may have limited ability to connect and export power through July 2027.
Rating and summary from Kansas statewide as there are no scored current or future laws outside temporary restrictions for Douglas County.
Specific to Douglas County only.
pending · Unincorporated areasInitiates a zoning-code update to define data centers and consider allowing them in industrial districts with a conditional-use permit; no new data-center rules have been adopted yet.Douglas County Zoning Text-Amendment Initiation for Battery Energy Storage Systems, Data Centers, and Digital Asset Retrieval Uses (2024)
What this means
The proposal would create a route for data centers in light and general industrial districts, but require a conditional use permit, which can add review time and uncertainty. Staff also recommends standards for issues such as noise and infrastructure, though the final rules are not yet drafted (staff recommends conditional permits in industrial districts).
People behind it
- Board of County Commissioners
Initiated the text amendment on July 31, 2024 and is responsible for considering its adoption.
- Karl Bauer
Douglas County planner who prepared and presented the agenda item and memorandum recommending initiation and development of the text amendment.
- Douglas County Zoning and Codes
County department proposing and administering the text-amendment process, conducting research, and preparing draft zoning regulations.
Restrictions & requirementsHide restrictions & requirements22
Douglas County data centers are not defined or listed in the permitted-use table, so a proposal would require classification as a similar use or adoption of a zoning text amendment before approval.
Staff recommends requiring data centers and digital asset retrieval facilities to obtain a Conditional Use Permit in the Light Industrial and General Industrial districts.
Staff recommends consolidating data centers and digital asset retrieval facilities into one regulated use category, with small-scale digital asset retrieval allowed only under updated home-occupation standards and performance criteria.
Recommended approval standards would require applicants to demonstrate adequate utility and road capacity, potentially through utility “will serve” letters and traffic studies.
Recommended standards would impose noise limits at property lines and may require noise studies.
Recommended standards would require increased setbacks from residences and visual screening or other mitigation.
Recommended construction controls would include designated haul routes, road-use agreements, and construction-management requirements.
Recommended environmental controls would address stormwater, wastewater, and site monitoring.
Recommended lighting standards would require directional lighting and mitigation of light spillover.
Recommended parking requirements would be based on employee counts rather than building square footage.
Recommended decommissioning requirements would require a decommissioning plan and financial assurances.
Because applications may require highly technical review and third-party expertise, the applicant may be required to bear those review costs.
Miami County adopted a 36-month moratorium on construction of data center facilities and cryptocurrency-mining operations beginning March 18, 2026.
Wichita-Sedgwick County adopted a moratorium on data centers on January 14, 2026, and extended it on March 4, 2026, while developing regulations.
Jefferson County adopted at least a one-year moratorium on cryptocurrency-mining applications after a proposed facility generated community opposition.
A public-comment proposal would permanently prohibit digital asset retrieval uses, including cryptocurrency mining, in Douglas County.
A public-comment proposal would limit data centers to locations consistent with the Douglas County Open Space Plan and require substantial setbacks from structures, especially residences.
A public-comment proposal would require data centers to obtain most of their energy from renewable sources and recycle or reuse cooling water.
A public-comment proposal would limit groundwater withdrawals and impose high-usage charges on electricity or water consumption above specified thresholds, including 200,000 gallons of water per day or 2,000 megawatt-hours of electricity per day.
A public-comment proposal would require new artificial-intelligence data centers and cryptocurrency-mining facilities to obtain electricity from specified clean-energy sources.
A public-comment proposal would require a minimum number of regular local employees, rather than counting only temporary construction workers.
A public-comment proposal would prohibit developers from using nondisclosure agreements with local officials and require open public forums for proposed community-benefit agreements.
Benefits & exceptionsHide benefits & exceptions4
The proposed text amendment would add data centers as conditional uses in certain zoning districts, creating a permitting pathway for development rather than leaving the use unclassified.
Staff recommends allowing data centers through a Conditional Use Permit in the Light Industrial and General Industrial districts.
Staff recommends combining data centers and digital asset retrieval uses into one regulatory category, allowing either use to proceed through the proposed Conditional Use Permit process in Light Industrial and General Industrial districts.
Small-scale digital asset retrieval operations may be allowed under updated home-occupation standards, subject to performance criteria.
Sources
pending · Unincorporated areasRecommends allowing data centers only with a conditional-use permit in light- or general-industrial zones; no new rule has been adopted yet.Douglas County Policy Considerations for Battery Energy Storage Systems, Data Centers, and Digital Asset Retrieval Uses (2026)
What this means
The recommendation would create a path for data centers, but only in Light or General Industrial districts and with a discretionary permit, which could add delay and uncertainty (proposed approval approach). It does not set new operating standards, and no draft code was presented, so the practical burden is meaningful but limited.
People behind it
- Douglas County Board of County Commissioners
Initiated the zoning text amendment on July 31, 2024 and requested policy direction on regulating BESS, data centers, and digital asset retrieval uses.
- Karl Bauer, AICP
Douglas County Planner who authored and presented the policy memorandum, staff research, and recommendations for the proposed zoning regulations.
- Douglas County Zoning and Codes
County department responsible for developing draft zoning regulations for subsequent Planning Commission and Board consideration.
Restrictions & requirementsHide restrictions & requirements7
Douglas County staff recommends requiring data centers and digital asset retrieval uses to obtain a Conditional Use Permit rather than receiving automatic approval, and limiting them to the Light Industrial and General Industrial zoning districts.
Miami County adopted a 36-month moratorium banning construction of data center facilities and cryptocurrency-mining operations.
Wichita-Sedgwick County adopted a moratorium on data centers on January 14, 2026, and extended it on March 4, 2026, while regulations are being developed.
Harvey County is identified as having a moratorium affecting data centers; the source does not state its duration or additional conditions.
Saline County is identified as having moratoria affecting data centers and digital asset retrieval uses; the source does not state their duration or additional conditions.
Kansas City, Missouri treats data centers as a conditional or discretionary use rather than an automatically permitted use.
Lawrence lists data centers as either permitted or conditional depending on the applicable zoning context, creating a potential discretionary approval requirement.
Benefits & exceptionsHide benefits & exceptions3
Staff recommends allowing data centers and digital asset retrieval uses through a Conditional Use Permit in the Light Industrial and General Industrial zoning districts, providing an identified discretionary permitting path for these facilities.
Staff indicates that small-scale digital asset retrieval operations may be allowed through updated home-occupation standards, subject to performance criteria.
For uses not listed in the Permitted Use Table, the County may classify the use as similar to a listed use rather than immediately requiring a text amendment, potentially allowing a data center to proceed through an existing comparable-use classification.
Sources
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