The Data Center Divide
A policy snapshot ahead of the 2026 midterms. Mapping data center incentives, restrictions, and bans through legislation, regulations, and executive actions across all 50 states and 1,462 local jurisdictions.
Harvey County
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Mixed Data Center Policies
Harvey County has enacted a measure barring applications for and construction of data centers in unincorporated areas until January 1, 2029; it does not clearly stop existing operations and exempts personal, noncommercial systems.
Rating from Kansas statewide as there are no scored current or future laws outside temporary restrictions for Harvey County.
Specific to Harvey County only.
current law · Unincorporated areasProhibits establishing, building, operating, or expanding data centers in unincorporated Harvey County and pauses related permit applications until January 1, 2029, unless ended sooner.Harvey County Resolution 2026-4 (2026)
What this means
The measure would pause applications and prohibit establishing or building data centers in unincorporated Harvey County until January 1, 2029, making new projects and expansions substantially harder. It does not clearly require existing data centers to stop operating, and it exempts personal, noncommercial systems.
Timing
- Ends
- Jan 1, 2029
The moratorium applies to data centers and related activities in the unincorporated areas of Harvey County and remains in effect until January 1, 2029. It may be extended, terminated earlier, or amended by a subsequent resolution.
People behind it
- Board of County Commissioners of Harvey County, Kansas
Adopted Resolution 2026-04 establishing the data-center moratorium and directing its administration and review.
- Becky Reimer
Moved to adopt Resolution 2026-4.
- Don Schroeder
Seconded the motion to adopt Resolution 2026-4.
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- Karen Rothe
Planning, Zoning & Environmental Director who presented the resolution for consideration.
- Harvey County Planning and Zoning Department
Directed to suspend acceptance and processing of data-center applications and permits and assist with regulatory review and updates.
- Harvey County Planning Commission
Directed to suspend action on data-center applications and assist with reviewing and updating the Comprehensive Plan and Unified Development Code.
Restrictions & requirementsHide restrictions & requirements4
In the unincorporated areas of Harvey County, the Planning and Zoning Department and Planning Commission must suspend accepting or acting on applications and permits for data center operation, development, erection, construction, or related activities. This includes building, site-plan, architectural-review, variance, floodplain-development, conditional-use, grading, rezoning, and occupancy applications or permits. The departments are directed to suspend accepting or acting upon any application or permit
The establishment of any data center, including related activities, is suspended and prohibited in the unincorporated areas of Harvey County while the resolution remains in effect. The establishment of any Data Center including related activities
The moratorium does not apply to individual data-processing or data-storage systems used by a property owner for personal or private purposes, provided they are not part of a commercial enterprise. not intended to be of a commercial enterprise
The moratorium takes effect after adoption and publication in the official county newspaper and remains in effect until January 1, 2029, unless the County Commission later extends, ends early, or amends it by resolution. shall remain in effect until Jan. 1, 2029
Sources
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