Loading map…
Regbase

The Data Center Divide

Lincoln County

Mixed Data Center Policies

Lincoln County allows data centers in designated districts, with ancillary centers permitted in six districts, but projects must meet utility, infrastructure, noise, emergency-planning, and other operating requirements. The descriptions call the measures proposals despite labeling them enacted.

current law · Unincorporated areas
Adds ancillary data centers as permitted uses in the A-1, TA-1, C-1, I-1, AGV, and LCR zoning districts, changing their land-use classification in the Article 4 matrix.Lincoln County Resolution 2026-28 — Amendment to the Article 4 Land-Use Matrix for Ancillary Data Centers

People behind it

  • Moved the motion to adopt the amendment to the data-center regulations. Motion to adopt Resolution No. 2026-29

  • Seconded the motion to adopt the amendment to the data-center regulations. Motion to adopt Resolution No. 2026-29

  • The amendment was considered with the Planning Commission’s recommendation, and the adopted regulations were sent back to the Commission for refinement and review. Planning Commission recommendation

Show 1 more peopleShow fewer people
  • Administers proposed zoning amendments. Responsibility for handling proposed amendments

Restrictions & requirementsHide restrictions & requirements5
  • Full data centers are subject to zoning-district limits: the land-use matrix classifies them as conditional uses in A-1, TA-1, AGV, and LCR, as permitted in I-1, and not permitted in the residential districts or C-1. The August 31 amendment separately makes ancillary data centers permitted in A-1, TA-1, C-1, I-1, AGV, and LCR; that exception is for ancillary facilities. The matrix’s data-center classifications Ancillary data centers amendment

  • Where a conditional use permit is required, the project must go through Planning Commission and County Board review, including public hearings; notice includes legal-newspaper publication at least 10 days before the hearing and mailed notice to relevant parties within one mile. The CUP hearing and notice requirements

  • Applicants must document adequate water and wastewater capacity, provide a signed electric-utility letter confirming service without reduced system capacity, and pay the costs of extending infrastructure to the site. Infrastructure and utility evidence

  • Data centers must implement water-efficient practices, have emergency-response plans and compliant fire detection and suppression, use noise-mitigation measures, and provide security measures including controlled access, surveillance, and adequate lighting. Data-center operating requirements

  • Projects must address compatibility with the surrounding built environment and provide sufficient employee and visitor parking and access designed to prevent traffic congestion; the County may require buffers for visual and noise mitigation, particularly near residential or sensitive uses. Development standards for data centers

Benefits & exceptionsHide benefits & exceptions2
  • Ancillary data centers are classified as permitted uses in A-1, TA-1, C-1, I-1, AGV, and LCR districts, rather than requiring conditional-use approval; applicable zoning permits and other regulations still apply. Resolution 2026-28

  • Accessory facilities directly related to data center operations—including maintenance facilities, security offices, and employee amenities—are allowed as permitted uses. Section 8.22.02

Sources

current law · County measure: County zoning areas; exact geographic limits are not specified in the source
Lincoln County, Nebraska's amendment register identifies Resolution 2026-29 as an August 31, 2026 amendment to Article 8, Section 8.22 adding regulations for data centers of various sizes and revising existing regulations.Lincoln County Resolution 2026-29 — Amendment to Zoning Regulations Article 8 § 8.22 for Data Centers
current law · Unincorporated areas within the County’s zoning jurisdiction
Adds zoning provisions for data centers and crypto mining in Lincoln County, though these minutes don’t specify the rules.Lincoln County Resolution 2023-16 — Amendment to Article 2 § 2.03 and Article 8 §§ 8.15–8.15.02 regarding Crypto Mining & Data Centers

What this means

The measure would allow data centers in designated districts, but projects would need to show adequate utility capacity and pay to extend infrastructure. It also adds noise, emergency-planning, and other operating requirements, creating meaningful costs and hurdles even though it does not ban data centers.

People behind it

  • Recommended approval of the zoning-regulation amendments concerning crypto mining and data centers through Resolution AM23-005.

  • Moved adoption of the Planning Commission’s recommendation, Resolution AM23-005.

  • Seconded the motion to adopt Resolution AM23-005.

Show 3 more peopleShow fewer people
  • Adopted Resolution No. 2023-16 amending the county zoning regulations concerning crypto mining and data centers.

  • Moved adoption of Resolution No. 2023-16.

  • Seconded the motion to adopt Resolution No. 2023-16.

Restrictions & requirementsHide restrictions & requirements7
  • Data centers are not allowed in the R-1, R-2, R-M, VAD, or C-1 districts. They require a conditional use permit in A-1, TA-1, AGV, and LCR districts; in I-1 they are permitted but still require a zoning permit. The land-use matrix lists these district designations.

  • Where a conditional use permit is required, the application is subject to a fee and public hearings before the Planning Commission and County Board. The process requires at least 10 days’ published notice and mailed notice to relevant residents and property owners within one mile; the bodies may impose conditions. Conditional uses require public review and notice to parties within one mile.

  • A data-center applicant must show that water and wastewater capacity is sufficient, or provide professional-engineer certification for well and onsite wastewater systems. The applicant must also provide a signed letter from the electric utility confirming service without reduced system capacity, and pay all costs of extending infrastructure to the site. Infrastructure requirements.

  • Data-center development must provide sufficient on-site parking and design access to address traffic flow and congestion. Buffer measures may be required, and the facility’s design must be compatible with its surroundings; exterior walls and roofs should minimize visual impact. Development standards.

  • Operating requirements include maximizing energy efficiency; implementing water-efficient practices, including recycled water for cooling and landscaping and water-saving fixtures; maintaining emergency response plans; installing and maintaining code-compliant fire detection and suppression systems; mitigating noise impacts on nearby residences; and implementing security measures. Operational requirements.

  • Zoning permits are required before covered construction, use, or occupancy. The Planning Administrator must issue or deny a zoning-permit application within 15 days of accepting it, and a permit expires if the work is not completed within two years unless an extension is obtained in writing. Permit requirements and expiration.

  • For a data center operating under a conditional use permit, non-minor modifications must go through the normal process for amending a permit; the Zoning Administrator may approve only minor modifications that do not materially affect the approval findings. Conditional-use permit modifications.

Benefits & exceptionsHide benefits & exceptions5
  • Data centers are listed as permitted uses in the I-1 Industrial District, requiring a permit but not a conditional use permit; they require conditional use permits in A-1 and TA-1 and the AGV and LCR overlay districts. The matrix lists data centers as “P” in I-1.

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

  • Data centers may locate where adequate infrastructure is available, and the regulation provides for extending infrastructure to a site. Applicants must show adequate water and wastewater capacity and obtain a utility letter confirming power service without reducing system capacity; the applicant pays the costs of infrastructure extensions. The applicant shall be responsible for all costs to extend infrastructure.

  • For zoning permits, the Planning Administrator must issue a written permit or denial, with reasons, within 15 days after accepting the application. This deadline applies to zoning permits, not necessarily to conditional use permit proceedings. within 15 days from the date of the acceptance.

  • A use authorized by a conditional use permit is deemed a conforming use, rather than a nonconforming use. This general rule can apply to a data center approved by conditional use permit; the regulation also allows conditional use permits to be revoked for violations. shall be deemed a conforming use.

Sources

current law · Unincorporated areas outside municipal jurisdictions
Requires data-center applicants to show adequate utility capacity, pay for infrastructure extensions, and address noise, safety, security, and environmental impacts; the agenda also proposes allowing related facilities in more zoning districts.Nebraska Lincoln County Zoning Regulations, Article 8.22 and Section 4.07 amendments (2026)

What this means

The proposal would make ancillary data centers permitted uses in six zoning districts, reducing the need for case-by-case approval (agenda item). They would still face requirements for infrastructure, noise mitigation, emergency plans, and other safeguards (data center standards), and the proposed changes to those standards are not detailed in the sources.

People behind it

  • Applicant for the Ramos Administrative Subdivision considered by the Lincoln County Board of Commissioners.

  • Governing body responsible for considering and adopting the proposed zoning-regulation amendments through Resolutions 2026-27, 2026-28, and 2026-29.

  • Official designated to administer and enforce the Lincoln County Zoning Regulations.

Restrictions & requirementsHide restrictions & requirements15
  • Data centers are not allowed in R-1 Rural Estates, R-2 Urban Residential, R-M Mobile Home Residential, or VAD/Town Site districts under the Section 4.07 land-use matrix.

  • In districts where the matrix classifies data centers as conditional uses— including A-1, TA-1, AGV, and LCR—construction or operation requires a Conditional Use Permit rather than only ordinary zoning approval.

  • A Conditional Use Permit requires public hearings before the Planning Commission and County Board of Commissioners, publication notice at least 10 days before the hearings, and mailed notice to relevant residents and title holders within one mile of the site.

  • The County may impose additional conditions on a data-center Conditional Use Permit, including buffers, landscaping and screening, erosion controls, access or street improvements, changes to site layout, building-design standards, operational limits, and other conditions needed for compatibility and public welfare.

  • A data center must obtain the required land-use approval before construction, alteration, occupancy, or use; commencing work or using the property without a Land Use Permit is unlawful.

  • An applicant must provide evidence of sufficient water and wastewater capacity, or professional-engineer certification for wells and on-site wastewater systems, and a signed electric-utility letter confirming the facility can be served without reducing system capacity.

  • The data-center applicant is responsible for all costs of extending infrastructure to the site.

  • Data centers must provide sufficient on-site parking for employees and visitors and design access to prevent traffic congestion.

  • Data centers must use site buffers, landscaping, walls, or other measures when required for visual and noise mitigation, particularly near residential or sensitive uses, and must use compatible materials, colors, and architectural elements, including earth-tone and non-reflective exterior surfaces.

  • Data centers must maximize energy efficiency and implement water-efficiency measures, including consideration of renewable energy, recycled cooling water, and water-saving fixtures.

  • Data centers must maintain emergency-response plans for hazards such as outages, fires, and natural disasters, and must install and maintain adequate fire detection and suppression systems in compliance with applicable fire codes.

  • Data centers must implement noise-mitigation measures, including sound-insulated walls or equipment enclosures, to reduce impacts on nearby residences.

  • Data centers must implement security measures, including controlled access, surveillance, and adequate lighting.

  • The Section 4.07 matrix amendment noticed for September 2026 would require a public hearing and County Board adoption of a resolution to add ancillary data centers as permitted uses in the A-1, TA-1, C-1, I-1, AGV, and LCR districts; until adopted, the existing matrix classifications apply.

  • The noticed amendments to Conditional Use Permit procedures and to Section 8.22 Data Centers require separate public hearings and County Board resolutions before taking effect.

Benefits & exceptionsHide benefits & exceptions8
  • Data centers may be established as a principal or accessory use in the zoning districts identified in the Land Use Categories/Matrix; the matrix designates data centers as permitted in I-1 Industrial District and conditional in certain other districts.

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

  • A data-center applicant may demonstrate adequate water and wastewater capacity either through evidence from a utility provider or, for wells and onsite wastewater systems, through certification by a professional engineer.

  • An electric utility must provide a signed letter demonstrating that it can serve the data center without reducing system capacity, supporting confirmation of available electrical service.

  • The applicant may extend infrastructure to the data-center site, including required water, wastewater, power, fiber, and road infrastructure, with the applicant responsible for the extension costs.

  • A data center may use the Planned Development Overlay District, which can allow multiple buildings on one tract, private roads, smaller platted tracts, and reduced setbacks or other departures from the underlying district's normal requirements, subject to approval and an approved development plan.

  • If a conditional use permit is approved for a data center, the use is treated as a conforming use rather than a nonconforming use, so it is not subject to the regulations governing nonconforming uses.

  • The proposed August 31, 2026 amendment would add ancillary data centers as permitted uses in the A-1, TA-1, C-1, I-1, AGV, and LCR districts, which would reduce the need for conditional-use approval if adopted by the County Board.

Sources

Specific to Lincoln County only.

failed · County measure
Proposes a temporary moratorium or hold on data-center development to pause projects while Lincoln County gathers information and considers additional regulations, particularly for hyper-scale or “mega” data centers.Lincoln County Resolution 2026-21 — Temporary Moratorium on Data Center Development

What this means

If enacted, the measure would temporarily pause data center development in Lincoln County, making it much harder to start or expand projects during the pause. The sources do not state how long the pause would last, and the motion failed, so this is an assessment of the proposal rather than a law currently in effect.

Timing

The proposed measure was a temporary moratorium or hold on data-center development, but the amendment motion failed, and the sources do not state an expiration date or ending condition. The sources do not establish that an operative moratorium was adopted.

People behind it

  • Moved to approve and adopt the resolution placing a temporary moratorium on the development of data center facilities.

  • Seconded the motion to approve and adopt the resolution placing a temporary moratorium on the development of data center facilities.

Sources

Data provided by Regbase · Cookie preferences · Report missing data