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.
Cherry County
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Mixed Data Center Policies
Cherry County’s enacted six-month pause on conditional-use permits may delay data center projects that need them; it is temporary, not a permanent ban, and allows time to update zoning rules.
Rating from Nebraska statewide as there are no scored current or future laws outside temporary restrictions for Cherry County.
Specific to Cherry County only.
current law · County measureSchedules discussion and possible action on a conditional-use-permit moratorium at the Cherry County Board of Commissioners’ July 14, 2026 meeting, but the agenda does not state whether the moratorium was adopted or specify its duration or requirements.Cherry County six-month moratorium on conditional-use permits (2026)
What this means
A six-month moratorium on conditional use permits could significantly delay data center projects that need those permits. It is temporary, not a permanent ban, and is intended to give the county time to update its zoning rules.
Timing
- Ends
- six months after approval
People behind it
- Nina Nelson
Brought the issue forward, proposing discussion of a conditional use permit moratorium.
- Cherry County Board of Commissioners
Voted to approve the six-month moratorium.
Restrictions & requirementsHide restrictions & requirements1
A six-month moratorium on conditional use permits pauses permits that could be needed for data-center development while the county updates its zoning regulations (six-month moratorium on conditional use permits).
Benefits & exceptionsHide benefits & exceptions1
LB1261 creates a pathway for private companies to develop on-site power generation for large industrial users, including data centers with demand exceeding 1,000 megawatts. creates a pathway for private companies
Sources
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