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Regbase

The Data Center Divide

Butler County

This restriction takes precedence while in effect. The rating below excludes temporary restrictions.

Mixed Data Center Policies

Butler County has enacted a temporary pause on data center development while it prepares a plan and zoning rules, delaying new projects; its end date is unspecified, and the text conflicts on whether projects under construction are exempt.

Rating from Nebraska statewide as there are no scored current or future laws outside temporary restrictions for Butler County.

Specific to Butler County only.

current law · County measure
Imposes a temporary land-use moratorium on wind, solar, data centers, battery storage, and landfills during the county’s comprehensive-planning and zoning process; the Board approved the resolution on March 16, 2026.Butler County Resolution 2026-07 (2026)

What this means

The measure would temporarily pause data center development while the county works on its plan and zoning rules, creating a substantial delay for new projects. The board removed an exception for projects already under construction, and the sources do not specify the moratorium’s exact end date (the construction exception was struck).

Timing

Ends
nine months after adoption

The minutes refer to a nine-month period in discussing the moratorium (“are any projects going to get started in nine months?”). The Board approved the resolution on 2026-03-16. The minutes do not state an extension condition.

People behind it

  • Proposed the original moratorium resolution, Resolution 2026-04, which the Board’s measure mirrored.

  • Moved approval of Resolution 2026-07.

  • Seconded the motion to approve Resolution 2026-07.

Restrictions & requirementsHide restrictions & requirements1
  • A temporary moratorium covers data centers. The Board adopted the measure after removing the proposed exception for projects already under construction, so that exception is not part of the adopted resolution. The motion mirrored the Planning Commission resolution but struck the construction exception.

Sources

unknown · County measure
Proposes temporary moratoria on commercial wind and solar energy systems, battery storage systems, data processing centers, and landfills while Butler County develops a comprehensive plan and zoning regulations, with the stated goal of establishing responsible-development rules and preventing nonconforming land uses (temporary moratorium on five types of land development).Butler County Planning Commission Resolution 2026-04 (2026)

What this means

The county approved a moratorium covering data processing centers, temporarily stopping development while it prepares planning and zoning rules. The board also removed the exception for projects already under construction, so the pause could seriously delay or halt a project; the sources do not give a firm end date.

Timing

The sources confirm that Resolution 2026-07 imposes a moratorium on commercial wind farms, commercial solar farms, battery energy storage systems, data processing centers, and landfills. They do not state an explicit expiration date or ending condition. The anticipated completion of the comprehensive plan and zoning regulations by 2026-09-01 is described as a planning timeline, not as the moratorium's expiration.

People behind it

  • Moved multiple motions proposing moratoriums on specified land uses, including wind, solar, data centers, and landfill, and seconded related motions.

  • Moved the proposed moratorium on agricultural chicken/bird confinement and seconded several related moratorium motions.

  • Moved the proposed moratorium on battery energy storage systems, seconded other moratorium motions, and moved to forego moratoriums on the remaining land uses.

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  • Moved to add language excluding projects where physical construction had already begun.

  • County Attorney who presented the draft resolution establishing the Planning Commission’s findings and recommendations.

  • Adopted Resolution 2026-04 recommending moratoriums on specified land uses.

  • County Clerk responsible for printing Resolution 2026-04 with the approved changes for signature.

  • Planning Commission Chairman responsible for signing and presenting Resolution 2026-04 to the County Board.

  • Moved the Board of Supervisors’ approval of Resolution 2026-07.

  • Seconded the motion approving Resolution 2026-07.

  • Approved Resolution 2026-07, establishing the county-level moratorium measure.

Restrictions & requirementsHide restrictions & requirements1
  • Resolution 2026-07 imposes a moratorium on data processing centers during the comprehensive-planning process. The Board removed the proposed exception for projects where physical construction had already begun, so the final measure contains no under-construction exception. The minutes do not state a specific end date. moratorium on Data Processing Centers

Sources

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