Nemaha County
Anti-Data Center Policies
Nemaha County requires data centers in its regulated areas to obtain approval after review and submit a detailed development plan. Officials may add conditions or require paid expert review.
current law · Unincorporated areas and incorporated areas without city zoning; excludes the extraterritorial zoning jurisdiction areas of Seneca and SabethaRequires data centers and similar high-demand technology facilities in unincorporated Nemaha County to obtain a conditional-use permit before construction, operation, or expansion.Nemaha County Land Use Development Code (2026)
What this means
The code makes data centers conditional uses rather than uses allowed by right in the county’s regulated areas, so each project must win approval after review. Applicants must submit a detailed development plan, and officials may impose conditions or require paid expert review, creating significant approval hurdles and costs (data centers are listed as conditional uses; development-plan requirements).
People behind it
- Nemaha County Board of County Commissioners
Adopted the Land Development Code by Resolution No. 2026-5 and serves as the Governing Body responsible for final approval.
- Nemaha County Planning Commission
Participated in developing and recommending the Land Development Code and conducts the prescribed reviews and hearings.
- County Staff
Identified in the Code as personnel involved in preparing the measure.
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- Austin K. Parker
Identified as County Counselor and Consultant involved in preparing the measure.
- Zoning Administrator
Responsible for administering and enforcing the Land Development Code.
Restrictions & requirementsHide restrictions & requirements13
Data centers are expressly classified as High-Demand Industrial and Technological Uses and are not allowed by right in the AG Agricultural District; they require a Conditional Use Permit. Data centers are listed among uses that may not be established by right in the AG District
A data center Conditional Use Permit requires Planning Commission review, a public hearing, and approval by the Governing Body before the use may be established. Conditional Uses are allowed only after public notice, hearing, and approval
The applicant must submit a development plan with the Conditional Use Permit application, and construction cannot begin until the plan is approved; no building permit may be issued for the conditional use until the property is zoned and the development plan is approved. No building permit shall be issued for a Conditional Use Permit until the property has been zoned
The development plan must include extensive site information, including topography, buildings, parking, screening, circulation, access points, utilities, drainage controls, signs, lighting, and finished-floor elevations, plus a statement addressing compatibility with properties within approximately one mile. The development plan shall include and/or display the following information
The Planning Commission and Governing Body may impose project-specific conditions, including limits on lighting and signs, parking and loading requirements, paving, landscaping, fencing, screening, controls for smoke, dust, odors, noise, and vibration, and other conditions deemed necessary. The Governing Body may impose reasonable conditions on the approval of a Conditional Use Permit
For a proposed conditional use that may substantially change traffic patterns or create congestion, the Planning Commission or Governing Body may require a professional traffic study at the applicant’s expense. The applicant, at the applicant’s sole cost, procure the services of a competent professional traffic engineer
The Planning Commission may require the applicant to use industry professionals or consultants during review and may require an upfront deposit to cover those costs. The Planning Commission may require, at the applicant’s expense, assistance from industry professionals and consultants
The applicant must pay the applicable application fee and bear the cost of mailed notices and the certified property-owner list required for a Conditional Use Permit hearing. All applications or requests ... for a Conditional Use Permit shall be made in writing
Conditional Use Permit applications require published notice at least 20 days before the hearing and mailed notice to property owners within 1,000 feet at least 10 days before the hearing. Notice of such hearing shall be published once ... at least 20 days prior
Within 48 hours after filing a Conditional Use Permit application, the applicant must post and maintain an approved public-hearing sign on the property until final disposition or withdrawal of the application. Each applicant for a Conditional Use Permit shall, within 48 hours of filing such application
Construction under an approved Conditional Use must begin within one year of Planning Commission approval of the development plan. One one-year extension may be requested, and no additional extensions will be considered. all Conditional Uses approved with a development plan shall have construction begun within one (1) year
A Conditional Use Permit is forfeited if the approved use ceases to exist for six months, unless the authorization specifies otherwise; restarting the use then requires a new application, public hearing, and permit. if that particular use ceases to exist for a period of six months, it will forfeit its Conditional Use Permit
If a Conditional Use Permit application is denied, the same or a substantially similar application cannot be reconsidered for at least 90 days. such application or one substantially similar shall not be reconsidered sooner than ninety (90) days
Benefits & exceptionsHide benefits & exceptions9
Data centers and similar high-demand technological facilities are expressly recognized as conditional uses, allowing them to be proposed in the county’s AG Agricultural District through a Conditional Use Permit rather than being categorically prohibited. The application must receive public notice, a hearing, Planning Commission review, and Governing Body approval. (Data Centers ... are conditional uses)
A completed rezoning or Conditional Use Permit application must be set for a hearing no later than 60 days after receipt, providing a defined permitting schedule. (set down for hearing not later than 60 days)
The Conditional Use Permit process allows the Planning Commission or Governing Body to adjust or modify requirements concerning height, open space, setbacks, parking, loading, and signs when necessary for reasonable development that is not detrimental to the public welfare. (height, open space, setbacks, parking, loading, and signs)
Applicants may request waivers of standards, requirements, or required plan information when they show those items are unnecessary for the specific project. (Waiver of any standards)
A data-center project may be developed in phases, and the applicant may submit a plan for the entire project with the phasing sequence or submit plans for individual phases. Construction must begin within one year after development-plan approval, but one written one-year extension may be requested. (may elect to develop the property in phases)
After an approved development plan is in place, the Zoning Administrator may approve minor adjustments without requiring Planning Commission approval when they remain within the plan’s standards for items such as parking, access, height, and setbacks. (minor adjustments are requested by the applicant)
An approved Conditional Use Permit continues as long as its conditions are met; it is lost only if the use ceases for six months, after which a new application and approval are required. (shall be allowed to continue)
The Code states that the Board of County Commissioners does not intend to add broader zoning regulations or building-permit requirements to the Code. This is an express limitation on the intended scope of future county regulation, although it is stated as legislative intent rather than a permanent prohibition. (no broader zoning regulations be added)
Existing nonconforming buildings and uses in place before adoption of the Code are not affected, altered, or limited by the Code. Any extension remains subject to the Code, so this protection could preserve an existing data center’s continued operation. (all existing nonconforming uses or buildings)
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