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.
Merrick County
Neutral Data Center Policies
Merrick County approved one data center project, subject to a plan for closing it and a bond to cover costs if it fails. This approval applies only to that project, not other data centers.
current law · County project: Parcel 292.00 in Section 11, Township 15, Range 4Approves a conditional use permit for a data center on parcel 11-15-4 NW ¼ NW ¼, parcel 292.00, with the motion passing unanimously on May 12, 2026.Merrick County Conditional Use Permit for Data Center (2026)
What this means
The county approved a permit for one data center, which helps that project move forward, but it required a decommissioning plan and a bond to cover failure-related costs. This is a small net benefit, not a general incentive or rule for other data centers. The permit approval and conditions
People behind it
- Aurum Capital Ventures
Prospective data center developer associated with the conditional use permit application.
- Hilary Betka
Planning and Zoning Administrator who handled the conditional use permit application and recommended action on it.
Restrictions & requirementsHide restrictions & requirements5
A data center requires approval of a conditional use permit for the proposed location.
The conditional use permit process includes a public hearing before the county board considers the application.
Permit approval requires a decommissioning plan.
Permit approval requires documentation of a lease with the landowner.
Permit approval requires a bond to cover obligations if the project fails.
Benefits & exceptionsHide benefits & exceptions1
A conditional use permit was approved to allow a data center on the specified parcel in Section 11, Township 15 North, Range 4 West, subject to a decommissioning plan, a landowner lease, and a bond to cover potential failure-related costs.
Sources
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