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Regbase

The Data Center Divide

Cass County

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

Mixed Data Center Policies

Cass County has enacted a temporary 12-month moratorium that delays land-use approvals for new data centers and expansions; the description says it is not a permanent ban.

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

Specific to Cass County only.

current law · County measure
Pauses new data center development in Cass County for 12 months; a proposed rule allowing data centers in industrial zones with a conditional use permit was tabled.Cass County, Nebraska 12-month data center permitting moratorium (2026)

What this means

The measure would impose a 12-month land-use moratorium on data centers, delaying new development and expansion approvals during that period. It is a serious but temporary restriction, not a permanent ban.

Timing

Ends
12 months after adoption

Resolution 2026-12 establishes a 12-month moratorium on data centers.

People behind it

  • Cass County Zoning Administrator who recommended adoption of Resolution 2026-11 and presented the data-center measures.

  • Recommended approval of the proposed data-center amendment and recommended that the Board consider the 12-month data-center moratorium.

Restrictions & requirementsHide restrictions & requirements2
  • Resolution 2026-12 establishes a 12-month moratorium on data centers in Cass County.

  • Resolution 2026-11 would require data centers in an Industrial zoning district to obtain a Conditional Use Permit (CUP), rather than allowing them outright; the resolution was tabled until September 22, 2026.

Benefits & exceptionsHide benefits & exceptions1
  • Allows data centers in industrial zoning districts through a conditional use permit, establishing a defined review pathway; the proposed amendment was tabled until September 22, 2026.

Sources

Specific to Cass County only.

pending · Unincorporated areas, excluding areas subject to municipal zoning jurisdiction
Tables a proposed data-center zoning amendment for further research, so this document does not establish data-center-specific rules.Cass County, Nebraska Planning Commission Agenda Z-2026-0010 Section 8.25 Data Centers (2026)

People behind it

  • Cass County Zoning Administrator and applicant who proposed the new text amendments creating Sections 8.25 (Data Centers) and 8.26 (Battery Energy Storage Systems).

  • Recommended the proposed text amendments creating Sections 8.25 and 8.26.

Restrictions & requirementsHide restrictions & requirements1
  • The proposed data-center text amendment, Section 8.25, was tabled for additional research, delaying further consideration until the Planning Commission’s next meeting on June 8, 2026.

Benefits & exceptionsHide benefits & exceptions11
  • In the Industrial (I) District, several data-center-compatible uses are permitted outright, including indoor storage units, freight terminals and warehousing facilities, building construction and contractor operations, storage containers, and general manufacturing. See the Industrial District’s permitted principal uses.

  • In the Industrial/Agricultural (IND/AG) District, data-center-compatible uses such as freight terminals and warehousing, building construction and contractor operations, building-material supply, general manufacturing, and related utility facilities may be approved through a Conditional Use Permit. See the IND/AG conditional uses.

  • Main overhead and underground utility transmission facilities—including electric, communications, gas, fuel, pumping stations, substations, terminal facilities, tanks, and reservoirs—are permitted in all eight zoning districts. This can support power and communications infrastructure for a data center. See the permitted utility-transmission use.

  • The County may allow more than one principal industrial building on a single lot or tract when recommended by the Planning Commission and approved by the County Board, supporting multi-building data-center campuses. See the multiple-building exception for industrial buildings.

  • Accessory uses, accessory buildings, and accessory parking are available through administrative approval in every zoning district, allowing supporting facilities and parking to accompany a principal data-center use. See the administrative accessory-use provisions and the accessory-use provisions.

  • The Industrial District has a relatively small minimum lot-area threshold for permitted uses—10,000 square feet—and permits industrial buildings up to 45 feet in height, subject to the applicable bulk and setback requirements. See the Industrial District area and height standards.

  • Height limits do not apply to certain supporting infrastructure, including communications towers, radio towers under 125 feet, conveyors, grain elevators and silos, substations, and other listed utility or industrial structures. See the permitted height modifications.

  • Lawful nonconforming uses and structures may continue, and qualifying nonconforming structures may be enlarged, maintained, repaired, or remodeled so long as the work does not create or increase nonconformity; some expansions or alterations may proceed through a Conditional Use Permit. See the continuation and enlargement rules for nonconforming structures.

  • Existing lawful conditional-use permits remain effective under their original provisions and conditions unless revoked or terminated, protecting an already permitted facility from automatically losing its authorization when the zoning regulations are revised. See the continuation rule for existing Conditional Use Permits.

  • Subdivision utility rules require subdivisions of three or more lots to connect to rural water when available within 100 yards, or otherwise provide a central water system; subdivisions with lots under 2.5 acres must use an approved common sewer system. These requirements can provide a defined path for shared water and wastewater infrastructure in a data-center development subdivision. See the water and sewer connection requirements.

  • Individual solar conversion systems are available through an administrative zoning permit in every district, while commercial and neighborhood solar systems are authorized as conditional uses in specified industrial and agricultural districts. This provides a permitting pathway for onsite or associated solar generation serving a data center. See the solar permitting categories.

Sources

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