A data center must obtain a Special Use Permit (SUP); the SUP alone does not authorize construction or operation, which require additional governmental permits and approvals.

The SUP application requires extensive project, property, infrastructure, environmental, safety, economic, transportation, and operational information, organized with a compliance-location table, and must include three hard copies and one electronic PDF.

The applicant must pay an application fee equal to the greater of $325 per MWac of peak demand plus applicable additional-use fees, or $50,000 for the first SUP use type plus $25,000 for each additional co-located use type.

If the data center will connect to the open electric grid, a utility service-availability or will-serve letter confirming capacity and a commitment to serve the proposed demand must be submitted with the SUP application.

The Zoning Administrator determines which infrastructure qualifies as a data center accessory use; broader Digital Infrastructure Campus components may require separate SUPs or permits.

Data center site plans must identify all data center structures and accessory uses and generally follow the I-3 Heavy Industrial District standards, including lot coverage, spacing, open space, landscaping, setbacks, and height requirements.

All data centers and accessory uses must meet specified Finney County setback and yard requirements, including Articles 17.050, 17.090, and, where applicable, Article 23.170.

All data centers and accessory uses must comply with applicable height limits under Article 17.060 and, where applicable, Article 23.050.

Lighting is limited to what is minimally necessary for safety, security, and operations and must be shielded and downcast to the maximum extent possible so it does not extend beyond the SUP boundary.

The data center and accessory uses must have at least six-foot perimeter fencing with self-locking gates, controlled emergency access, and no outdoor storage except construction equipment and materials used during construction.

Sound from the data center and accessory uses must not exceed an equivalent level of 60 dB(A) at any nonparticipating property line or public-road right-of-way line; components may have to be moved, modified, removed, or decommissioned to achieve compliance.

The applicant must submit a fire-safety and emergency plan covering construction and operations, fire risks originating inside or outside the site, suppression and medical response, and any response equipment not owned by public responders; equipment identified as necessary must be purchased by the applicant.

A third-party engineer approved by the County must summarize how the facility will comply with applicable industry codes and standards, and the application must include a facility safety plan and descriptions of any required public improvements.

Applicants must disclose the cooling technology, provide a competent water-use analysis, and provide water-use agreements with all water providers. Water-based cooling must include maximum-efficiency measures such as conservation and recycling, and cooling plants must be enclosed or screened.

The applicant must provide information about potential air-quality impacts from the data center's power supply.

The application must include a decommissioning plan addressing grid disconnection, applicable decommissioning standards, lawful disposal of infrastructure and waste, and removal of infrastructure, subject to specified landowner rights to retain certain roads, fences, lighting, hard surfacing, or screening.

Before construction, the applicant must provide financial security, liability insurance, and enforceable rights for the County under a decommissioning agreement sufficient to cover removal, reclamation, enforcement costs, and other possible County expenses.

The application must include wildlife reviews, including written contact or review documentation from the Kansas Department of Wildlife and Parks and results of a USFWS environmental review consistent with the Land-Based Wind Energy Guidelines.

The applicant must provide a road-use and transportation plan and enter into a County road-use and maintenance agreement addressing routes, traffic, repairs, traffic control, bridge and culvert impacts, and restoration of roads after increased use.

Before construction, the applicant must provide financial security, liability insurance, and enforceable County rights under the road-use and maintenance agreement to cover potential road-related costs and obligations.

The applicant must submit an independent third-party or qualified four-year-institution economic-impact report addressing community benefits and potential effects on Finney County real-property values.

The applicant must enter into a community benefit or project development agreement containing the benefits described in the economic-impact report and enforceable County rights.

The applicant must reimburse County costs that the Governing Body requires it to pay for consultants, experts, staff, review, litigation, public input, and other application-related work; unpaid amounts accrue interest at 15% per year.

After SUP approval, the applicant must submit an annual compliance letter regarding the SUP, application requirements, and required agreements, along with any other monitoring or reporting required by the County.

Application content that is preliminary or subject to change must be shown in red text, with an update schedule and inventory; black text cannot be changed without written permission from the Governing Body, and material changes must be promptly reported.

The applicant must meet specified pre-hearing deadlines, including submitting supplemental materials and certifications at least seven days before Planning Commission and Governing Body hearings and paying all amounts due; failure may delay the application or make approval contingent on compliance.

An applicant representative must attend County, Planning Commission, or other public meetings when requested by the Governing Body or Zoning Administrator.

The application is not assignable or transferable, and any SUP may impose County-controlled terms governing transfers, construction and operation deadlines, duration, expansion, modification, repowering, and future changes.

The Zoning Administrator and Governing Body may require additional information, impose additional application requirements, modify or waive requirements, require later submissions, and add terms or conditions before or after SUP approval.

Data centers are expressly eligible for a Special Use Permit (SUP), providing a defined county approval pathway for developing and operating them. Data Center

A Data Center SUP may include related accessory infrastructure on the same tract or unified adjacent parcels, including transmission lines, substations, switchyards, pump stations, water towers, cooling systems, fire suppression, backup power, redundant communications, and security infrastructure. The Zoning Administrator determines what qualifies, and separate SUPs or permits may still be required for broader Digital Infrastructure Campus elements. Data Center Accessory Use

Co-located special-use types may be combined into one application when the Zoning Administrator allows the combination, potentially reducing duplicative application proceedings. The County may still require information to be separated by use. If combination is allowed

During application review, the Zoning Administrator and Governing Body may allow requirements to be interpreted, delayed, modified, or waived, and may permit some information to be submitted later if project details are still being finalized. interpreted any particular way

The SUP may establish the scope of permitted data-center technology, materials, impacts, expansions, modifications, repowering, operating duration, assignments, and transfers, including identifying changes that may occur without further County notice, review, or approval. changes allowed, with and without further County notice

Land outside the SUP boundary may be treated as participating land for specified purposes when owners grant sufficient rights, including potentially waiving setback rights that otherwise apply only to non-participating land. qualify as “participating”

The required Road Use and Maintenance Agreement can designate public-road routes for construction, operation, maintenance, and decommissioning traffic, allowing the project to use public transportation infrastructure subject to route, safety, repair, bonding, and insurance requirements. Designation of the public roads

The County may combine the required decommissioning, road-use, and community-benefit agreements into one Development Agreement, potentially consolidating project-related contractual requirements. combined into one Development Agreement

Applicants may submit preliminary or estimated information in red text and later update it to final black text under an identified update process, allowing an application to proceed while certain project details are still being finalized. preliminary, estimated