Marion County extends temporary moratorium on data-center applications for one year
May 11, 2026 | Marion County, Kansas
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The Marion County Board of Commissioners on May 11 approved Resolution 2026-19 to extend a temporary moratorium on the acceptance of applications for establishment, expansion or operation of data centers in unincorporated Marion County through June 1, 2027.
Planning and zoning staff presented the planning commission's recommendation to delay new regulations and extend the moratorium so the county can update its comprehensive plan and craft tiered regulations for different types of data centers. "Early data centers that have been built are allowing evaporative cooling that uses a lot of water," Josh Weiser said. He urged the board to focus on location, power draw and cooling requirements before approving applications.
Sharon of planning and zoning told commissioners the moratorium was originally placed to give staff time to study whether and how to allow industrial development and to protect county resources. "A moratorium extension would give time for evaluation and the option of a new comprehensive plan," she said.
Commission discussion cited concerns about local water supply and power infrastructure, and whether different types of facilities (edge, regular, AI-scale) should be regulated differently. Staff noted Sedgwick County and other jurisdictions are also developing regulatory frameworks and that some infrastructure timelines presented by utilities could be multiple years.
A motion to approve Resolution 2026-19 passed by voice vote. The resolution extends the temporary moratorium on data-center applications in Marion County to 06/01/2027 and directs planning and zoning to continue work on regulatory options and comprehensive plan updates. The planning commission will continue reviewing possible regulations and return recommendations to the board.
The extension does not prohibit ongoing work by staff; it pauses acceptance of new applications while the county considers zoning text amendments and infrastructure implications.
Planning and zoning staff presented the planning commission's recommendation to delay new regulations and extend the moratorium so the county can update its comprehensive plan and craft tiered regulations for different types of data centers. "Early data centers that have been built are allowing evaporative cooling that uses a lot of water," Josh Weiser said. He urged the board to focus on location, power draw and cooling requirements before approving applications.
Sharon of planning and zoning told commissioners the moratorium was originally placed to give staff time to study whether and how to allow industrial development and to protect county resources. "A moratorium extension would give time for evaluation and the option of a new comprehensive plan," she said.
Commission discussion cited concerns about local water supply and power infrastructure, and whether different types of facilities (edge, regular, AI-scale) should be regulated differently. Staff noted Sedgwick County and other jurisdictions are also developing regulatory frameworks and that some infrastructure timelines presented by utilities could be multiple years.
A motion to approve Resolution 2026-19 passed by voice vote. The resolution extends the temporary moratorium on data-center applications in Marion County to 06/01/2027 and directs planning and zoning to continue work on regulatory options and comprehensive plan updates. The planning commission will continue reviewing possible regulations and return recommendations to the board.
The extension does not prohibit ongoing work by staff; it pauses acceptance of new applications while the county considers zoning text amendments and infrastructure implications.
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