Gage County imposes 12‑month moratorium on data‑center permits to allow rule‑making

The Gage County Board of Supervisors voted unanimously to impose a 12‑month moratorium on new data‑center permits under Resolution 26‑19 to allow the county time to develop tailored regulations and to coordinate with state and neighboring jurisdictions. The moratorium supersedes an earlier eight‑month pause and runs for 12 calendar months from the date of the Sept. 16 vote.

Board members debated the appropriate duration — proposals ranged from shorter moratoria to 18 months — and repeatedly cited legal defensibility as a factor. County counsel told the board that shorter, clearly justified moratoria are more likely to be upheld against constitutional challenges and that an initial 12‑month pause with the option to extend is a defensible approach. “In order [for a moratorium] to be upheld against constitutional challenges… the sooner you get them in place, the better,” the county attorney said during the discussion.

Public commenters urged caution and asked the board to demand enforceable standards — not paper rules — addressing water use, noise, traffic, and enforcement. Planning & Zoning staff said they would compile definitions, peer‑reviewed studies and subject‑matter experts to inform the rule‑making process; the board also directed PNZ to look at setbacks, sound standards, perimeter planting, closed‑loop water systems and infrastructure impacts. The moratorium passed 7‑0; the board noted it could extend the pause if the rule‑making requires more time.