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Regbase

The Data Center Divide

Loup County

This restriction takes precedence while in effect. The rating below excludes temporary restrictions.

Mixed Data Center Policies

Loup County has enacted a temporary pause of up to 12 months on most new data-center applications, though the description uses future terms; previously accepted applications, some maintenance, and hardship relief are exempt.

Rating from Nebraska statewide as there are no scored current or future laws outside temporary restrictions for Loup County.

Specific to Loup County only.

current law · County measure: Areas within the County zoning jurisdiction
Imposes a temporary moratorium on accepting, processing, reviewing, or approving land-use and development applications for high-density data processing facilities with at least 65 kW of connected capacity or peak demand, including data centers and digital asset mining operations, within the County’s zoning jurisdiction.Nebraska Loup County Resolution No. 2026-25 (2026)

What this means

The measure would stop the county from accepting or approving most new applications for covered data centers for up to 12 months, or until permanent rules take effect (“a temporary moratorium”). It exempts applications already accepted and certain maintenance work, and allows hardship relief, but the practical effect is still a major temporary barrier to building or expanding a data center.

Timing

Ends
12 months from the Effective Date, or when permanent zoning regulations specifically addressing High-Density Data Processing Facilities take effect, whichever occurs first.

The Commissioners may extend the moratorium by resolution for one or more additional periods if they find additional time is reasonably necessary to complete the permanent regulations. (duration and extension terms)

People behind it

  • Moved to adopt the resolution establishing the moratorium.

  • Seconded the motion to adopt the resolution.

  • Adopted the resolution establishing the moratorium.

Restrictions & requirementsHide restrictions & requirements5

  • A moratorium bars the County from accepting, processing, reviewing, or approving applications submitted on or after its effective date for rezoning, conditional or special use permits, site plans, building permits, certificates of occupancy, variances, or other land-use or development approvals for covered facilities within the County zoning jurisdiction. The moratorium applies to applications

  • The moratorium covers a data center or digital asset mining operation with connected electrical service capacity or peak power demand of 65 kW or greater. sixty-five kilowatts (65kW) or greater

  • The moratorium lasts 12 months from its effective date or until permanent zoning regulations for these facilities take effect, whichever comes first. The Commissioners may extend it for one or more additional periods by resolution if they find more time is reasonably necessary. a period of 12 months

  • Applications for covered facilities that were complete and accepted before the moratorium’s effective date are exempt. Ordinary maintenance, repairs, and internal equipment upgrades at existing lawful facilities are also exempt if they do not increase electrical demand or expand the facility footprint. complete and accepted by the County prior to the Effective Date

  • The Commissioners may grant hardship relief by resolution, but an applicant must apply in writing and prove undue, unique, non-self-created hardship; no adverse effect on utility reliability or capacity or unreasonable costs to existing ratepayers; consistency with the ordinance and planning process; and that protective conditions can be imposed. The decision is final and not subject to administrative appeal. The burden of proof shall be on the applicant

Benefits & exceptionsHide benefits & exceptions3

  • Applications for high-density data processing facilities that were complete and accepted before the ordinance’s effective date are exempt from the moratorium and are processed under the rules in effect when submitted. Pre-effective-date applications

  • Existing lawful facilities may continue ordinary maintenance, repairs, and internal equipment upgrades without moratorium relief, provided they do not increase electrical demand or expand the facility’s footprint. Maintenance and upgrades

  • The Commissioners may grant relief from the moratorium on written application if the applicant proves unique, non-self-created undue hardship; no adverse effect on utility reliability or capacity or unreasonable ratepayer costs; consistency with the ordinance’s purposes and planning process; and that necessary public-interest conditions can be imposed. The decision is final and has no administrative appeal. Hardship relief criteria

Sources

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