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.
City of Independence
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Neutral Data Center Policies
Independence’s enacted rules require most large data centers to obtain special-use approval and meet a 1,000-foot setback, noise, and operating requirements. Variances may ease the setback, but added approvals and conditions can make building or expanding harder.
Rating from Missouri statewide as there are no scored current or future laws outside temporary restrictions for City of Independence.
current law · City of IndependenceRequires data centers to stay at least 1,000 feet from homes and specified public places, submit noise plans, and decommission after 12 months inactive; facilities over 2.5 megawatts also need a special-use permit.Missouri Independence Data Center and BESS Zoning Rules (2026)
What this means
The rules would create significant hurdles: most large data centers would need a special-use permit, and projects would face a 1,000-foot setback plus noise and operating requirements (special-use permit and setback requirements). Variances could ease the setback, but the added approval process and conditions would still make building or expanding facilities substantially harder.
Timing
- Ends
- 180 days after adoption
The article describes the 180-day moratorium as separate from the zoning changes. It says the moratorium passed in July but does not give an exact adoption date, so a calendar expiration date cannot be determined.
People behind it
- Brice Stewart
Introduced amendments to the zoning rules with Mayor Kevin King; the amendments were adopted unanimously.
- Mayor Kevin King
Introduced amendments to the zoning rules with Brice Stewart; the amendments were adopted unanimously.
- Independence city staff
Recommended additional standards in the agenda item cover letter, saying additional standards were appropriate.
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- Independence City Council
Unanimously approved the Unified Development Ordinance changes on Oct. 5; the changes set zoning requirements.
Restrictions & requirementsHide restrictions & requirements6
A 180-day moratorium barred new data center projects. 180-day moratorium on new projects
New data centers must be at least 1,000 feet from residences and specified public places, including schools, parks, daycares, hospitals, and places of worship. A variance is possible if recommended by the planning commission and approved by the city council. at least 1,000 feet
Data centers larger than 2.5 megawatts must obtain a special use permit from the city. larger than 2.5 megawatts
Data centers must meet new requirements for noise-impact assessments and mitigation plans. noise-impact assessments and mitigation plans
A data center that ceases operations for 12 months must be decommissioned. cease operations for 12 months
Generator compliance reports must be submitted every six months rather than annually. every six months rather than annually
Benefits & exceptionsHide benefits & exceptions1
The 1,000-foot separation requirement can be waived through a variance if the planning commission recommends it and the city council approves it (variances).
Sources
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