Keith 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 Keith County.
Specific to Keith County only.
pending · Unincorporated areas, excluding areas within municipal jurisdictionEstablishes countywide zoning controls to promote public health, safety, welfare, orderly development, agriculture, recreation, and historic and environmental protection, while implementing the Keith County Comprehensive Development Plan and applying outside municipal jurisdictions (purpose and intent).Keith County, Nebraska Zoning and Subdivision Regulations (2026)
What this means
The measure would make data centers substantially harder and more expensive to build and operate: projects need a conditional-use permit, extensive studies, and a community-benefits agreement, and developers must pay for project infrastructure (required application studies and agreement). It also imposes strict water and noise rules and requires financial security worth 125% of estimated decommissioning costs (125% of the estimated decommissioning).
People behind it
- Keith County Board of Commissioners
Approved and adopted the Keith County Zoning Regulations.
- Keith County Planning Commission
Recommended the district boundaries and regulations and participates in reviewing proposed amendments and development applications.
- Zoning Administrator
Administers and enforces the zoning regulations, receives applications, and issues or denies permits.
Restrictions & requirementsHide restrictions & requirements21
Data centers are allowed only as principal or accessory uses in districts designated in the Land Use Matrix. The matrix limits the districts where data centers may be located and identifies whether the use is permitted or requires a conditional use permit.
A conditional use permit application is required where the Land Use Matrix designates data centers as conditional. The conditional-use process includes Planning Commission and County Board public hearings, notice, review, and possible conditions.
Applicants must complete a pre-submittal process before proceeding with a data-center application.
A data-center application is not complete until specified impact studies and agreements are submitted. Required materials include studies or plans addressing noise mitigation, decommissioning, water consumption, wastewater treatment, electric consumption, emergency response, road use, environmental and community impacts, and a Community Benefits Agreement.
Applicants must demonstrate adequate infrastructure, including reliable power, fiber-optic access, road capacity, and sufficient water and wastewater capacity. A professional-engineer certification may be required for private wells or on-site wastewater systems.
Applicants must provide a signed electric-utility letter confirming that the facility can be served without reducing system capacity or impairing reliability.
The applicant is responsible for all infrastructure-extension costs. This includes roads, water, wastewater, stormwater, generation, transmission, distribution, substations, and utility upgrades, without requiring existing customers or taxpayers to subsidize the project.
Each data center must occupy at least 10 acres. Multiple contiguous parcels may be combined to meet the minimum.
Data centers must meet specified setbacks, stated as 30 feet front, 25 feet rear, and 10 feet side, measured from property lines. The County may require greater setbacks based on site-specific conditions.
Water-cooling systems must use closed-loop or recycled water. The applicant must demonstrate adequate water supply and show that withdrawals and discharges will not harm groundwater or surface water. Air or other non-water cooling is preferred.
Data centers must provide parking and loading capacity. The requirement is at least one parking space per employee during the largest shift, ADA-compliant accessible parking, and two loading-zone spaces per building.
Noise is limited at the property line, to 65 dBA/dBC from 7:00 a.m. to 10:00 p.m. and 55 dBA/dBC from 10:00 p.m. to 7:00 a.m., subject to an exception for unforeseen emergencies requiring emergency vehicles or temporary emergency generators.
Cooling, ventilation, baffling, air-intake, exhaust, and backup-generation equipment must be enclosed or screened, unless enclosure is not mechanically feasible under the manufacturer's specifications. Permitted screening methods include retained vegetation, buildings, berms, or solid compatible fencing or walls.
Applicants must provide a Community Betterment Agreement for State and County approval.
Expansion requires an amendment to the conditional use permit. The requirement applies to increases in building area, electrical demand, computing capacity, or site area.
Behind-meter data centers may be required to provide dedicated generation or energy storage, or a combination, sufficient to offset 100 percent of projected electrical demand.
Emergency-response and fire-safety obligations apply. Facilities must maintain emergency plans, fire suppression and detection systems, emergency-service improvements, annual fire-safety inspections, emergency contact signage, responder radio coverage, and specialized training or equipment where needed.
Applicants must submit a decommissioning plan and financial security. The bond must be acceptable to the County and equal to 125 percent of estimated decommissioning costs, with periodic cost review and annual proof of financial responsibility.
An abandoned data center must be restored within six months. Abandonment occurs when operations cease for 12 consecutive months, and required work includes removing computing equipment, generators, fuel systems, cooling systems, unused utility infrastructure, and environmental impacts.
Annual water-consumption and electric-consumption reports are required. Reports submitted to state or federal agencies must also be submitted to the County Planning Office.
The County may retain third-party professionals at the property owner's expense to review project components, including environmental, infrastructure, or other technical matters.
Benefits & exceptionsHide benefits & exceptions6
Ancillary data centers, defined as server rooms occupying less than 25% of a building and directly supporting on-site commercial or business operations, may be exempt from the data-center-specific regulations. Ancillary Data Centers may be exempt from these regulations.
Data centers may be established as principal or accessory uses in the zoning districts identified in the land-use matrix, allowing development where the matrix authorizes the use rather than requiring a zoning amendment solely to recognize data centers. Data centers shall be allowed as a principal or accessory use within Districts designated in the Land Use Matrix.
Accessory uses directly related to data-center operations—including maintenance facilities, security offices, and employee amenities—are allowed as permitted uses, reducing the need for separate discretionary approvals for those supporting facilities. Accessory uses directly related to data center operations.
Expansion that increases a data center’s building area, electrical demand, computing capacity, or site area is handled through an amendment to the existing Conditional Use Permit, rather than being expressly required to begin with a new initial permit application. Any increase in Building area, electrical demand, computing capacity, or site area, shall require amendment of the Conditional Use Permit.
A use authorized by a Conditional Use Permit is treated as a conforming use, not a nonconforming use. This protects an approved data center from being classified as an unlawful or nonconforming use merely because zoning regulations later change. Any use for which a Conditional Use Permit has been issued.
Data centers may use dedicated, behind-the-meter electrical generation and energy storage, or a combination of both, to offset 100% of projected electrical demand when required. This provides an expressly recognized path to operate without relying entirely on expanded grid service. Dedicated Generation Requirement.
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