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.
Shawnee County
Anti-Data Center Policies
Shawnee County requires case-by-case review with public input, allows restrictions or denial, raises permit costs, and temporarily bars final decisions on new applications until February 17, 2027.
current law · County measureRaises Shawnee County’s conditional-use permit fee for data center proposals to $15,000 and makes applicants pay for any experts the county hires to review them.Shawnee County conditional-use-permit fee and expert-review resolution (2026)
What this means
If enacted, the measure would raise the conditional-use permit fee for data centers from $700 to $15,000 and make applicants pay for any experts the county hires to review a proposal (fee increase and expert costs). That adds a meaningful cost to getting approval, but the source describes no ban or new limits on building or operating data centers.
People behind it
- Rich Eckert
The county counselor said, “We bring this resolution early,” identifying his role in bringing it forward. “We bring this resolution early”
- Shawnee County
The county is to pay for expert reviews through applicant fees and determine whether a project review is time-sensitive. “the county will be the one to determine the time-sensitivity”
Restrictions & requirementsHide restrictions & requirements1
Non-refundable $15,000 filing fee for data-center CUP applications and major amendments. County may require initial escrow of at least $10,000 and additional deposits. Applicant pays retained consultant costs and cannot direct, supervise or control those consultants.
Benefits & exceptionsHide benefits & exceptions1
Procedural protections: unused escrow funds are refunded after final disposition and payment of outstanding costs; time-sensitive consultant procurement may bypass standard competitive procedures when the county finds delay and the applicant provides written consent. No tax incentive or approval guarantee identified.
Sources
current law · County measurePauses final decisions on new data center applications in Shawnee County until Feb. 17, 2027, while still allowing applications and public hearings.Shawnee County data-center application moratorium resolution (2026)
What this means
The measure would block final decisions on new data center applications until Feb. 17, 2027, delaying projects even though applications and public hearings could continue (“no final action can be taken”). Because it is a temporary moratorium with a set end date, it substantially hinders development during that period but does not permanently ban data centers.
People behind it
- Kevin Cook
Brought forward the motion for the temporary moratorium.
Restrictions & requirementsHide restrictions & requirements1
No final action on new data-center applications until February 17, 2027.
Benefits & exceptionsHide benefits & exceptions1
Procedural carve-outs: filing applications remains allowed; public hearings may continue. These exceptions are not an approval entitlement or incentive.
Sources
current law · County measureThis county home-rule zoning resolution amends Shawnee County zoning rules to require data centers to obtain a conditional use permit in specified agricultural, residential-reserve, and industrial districts.Shawnee County HR2026003 (2026)
What this means
The measure would make data centers go through a case-by-case conditional-use review, including public comment, and county leaders could impose restrictions or deny a proposal (conditional-use process). That creates meaningful uncertainty and potential delay for development, but it does not ban data centers and is meant to establish rules for considering applications.
Sources
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