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The Data Center Divide

Jefferson County

Anti-Data Center Policies

Jefferson County requires data centers to obtain a conditional use permit and locate in commercial or industrial districts. Applicants must show utilities can serve the facility and pay for needed infrastructure extensions.

current law · Unincorporated areas
Regulates the location, design, construction, and operation of data centers to promote responsible development, compatibility with surrounding land uses, environmental protection, and public safety.Jefferson County, Nebraska Zoning Regulations (2026), § 9.23 Data Centers

What this means

Data centers would need a conditional use permit and could locate only in the commercial and industrial districts, as shown in the data center land-use rules. Applicants must also show that utilities can serve the facility and pay to extend infrastructure (infrastructure requirements). These added approval steps and costs are meaningful, but the rules do allow data centers in some districts, so the overall effect is moderately restrictive.

People behind it

  • Prepared the zoning regulations. Prepared By The Jefferson County Planning Commission

  • Adopted the regulations by Resolution No. 2026-02. Adopted by the Board of County Commissioners

  • Identified as the County Zoning Administrator; the regulations assign that office responsibility for administering and enforcing them. administer and enforce these Regulations; Zoning Administrator John McKee

Restrictions & requirementsHide restrictions & requirements7
  • Data centers are not permitted in most zoning districts; the use matrix allows them only by conditional use permit in the C-1 Commercial and I-1 Industrial districts. allowed as a principal or accessory use

  • A conditional use permit requires public hearings before both the Planning Commission and County Board. Notice must be published at least 10 days before each hearing, and affected landowners within one mile must receive written notice. The County Board decides the application and may impose conditions or a time limit. both the Planning Commission and County Board shall hold Public Hearings

  • The use must satisfy conditional-use review criteria, including compatibility, adequate utilities and access, mitigation of noise and other impacts, and consistency with the Comprehensive Plan. The County Board may attach conditions; the use generally must begin within 12 months of approval and the project must be completed within three years, unless a longer period or different condition is approved. No CUP shall be granted unless

  • A zoning permit is required before construction or development. In C-1 and I-1, zoning-permit and/or conditional-use applications must include a site development plan; I-1 applications require detailed information such as topography, buildings, parking, traffic flow, utilities, and signs. shall be unlawful to commence

  • Applicants must demonstrate adequate infrastructure, including water and wastewater capacity, and provide a signed electric-utility letter showing the facility can be served without reducing system capacity. The applicant must pay all costs to extend infrastructure to the site. responsible for all costs to extend infrastructure

  • Data centers must provide sufficient on-site parking and design site access to manage anticipated traffic and prevent congestion. The County may require buffer zones, such as landscaping or walls, to mitigate visual and noise impacts, particularly near residential or sensitive uses. Buffer zones consisting of landscaping, walls

  • Operating requirements include energy-efficient systems, water-efficient practices, emergency-response plans, fire detection and suppression systems, noise-mitigation measures, and security measures including controlled access, surveillance, and adequate lighting. Data centers shall have emergency response plans

Benefits & exceptionsHide benefits & exceptions3
  • Data centers may be principal or accessory uses in C-1 Commercial and I-1 Industrial districts, subject to a conditional use permit; the matrix does not allow them in the other listed base districts. Data Center

  • Accessory facilities directly related to data-center operations—such as maintenance facilities, security offices, and employee amenities—are allowed as permitted uses. Accessory uses directly related to data center operations

  • An approved conditional use permit generally runs with the property and transfers to a successor owner, and the approved use is treated as conforming rather than nonconforming. The new owner must follow the permit conditions, and a change or expansion of the use requires a new permit. automatically transferable upon sale deemed a conforming use

Sources

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