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.
Custer County
Mixed Data Center Policies
Nebraska requires data centers drawing at least 10 megawatts to report annually, make community-benefit agreements, and cover decommissioning costs; utilities may also charge fair costs for needed service and upgrades. Incentives are available only to qualifying projects, and some tax benefits are limited or no longer open to new applicants.
Rating and summary from Nebraska statewide as there are no scored current or future laws outside temporary restrictions for Custer County.
Specific to Custer County only.
expired · County measureImposes a temporary moratorium on “Tech Facilities” from March 31 through September 30, 2026, with the resolution approved by unanimous roll-call vote by the Custer County Board of Supervisors.Custer County Resolution 75Z-26 — Temporary Moratorium on Tech Facilities (2026)
What this means
The minutes say the measure would pause “Tech Facilities” from March 31 to September 30, 2026 (puts a moratorium on “Tech Facilities”). That six-month pause could delay data center projects, though it is temporary rather than a permanent ban.
Timing
- Ends
- Sep 30, 2026
The moratorium on technology-related facilities runs from 2026-03-31 through 2026-09-30.
People behind it
- Darci Tibbs
Custer County Zoning Administrator who presented Resolution 75Z-26 establishing a moratorium on technology-related facilities and Resolution 76Z-26 adopting poultry regulations.
Restrictions & requirementsHide restrictions & requirements1
Resolution 75Z-26 imposes a moratorium on technology-related facilities, which would restrict the approval or development of covered facilities, from March 31, 2026, through September 30, 2026.
Sources
pending · County measureSchedules the Custer County Board of Supervisors’ consideration of Resolution 77Z-26, which would adopt Data Center Regulations, during its regular meeting on October 13, 2026, as listed under “Approve Res.Custer County Resolution 77Z-26 — Data Center Regulations (2026)
Timing
- Ends
- 12 months (the starting point is not specified)
The minutes describe the planning commission’s desire for a 12-month moratorium. They do not confirm that the moratorium was adopted; the October 13 agenda lists its adoption for consideration.
People behind it
- Darci Tibbs
Presented information on the data center regulations and temporary battery energy storage systems moratorium.
- Blowers
Moved to approve Resolution 77Z-26 adopting the Data Center Regulations.
- Markham
Seconded the motion to approve Resolution 77Z-26 adopting the Data Center Regulations.
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- Planning Commission
Expressed its desire for a 12-month moratorium on battery energy storage systems.
Sources
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