Lincoln County commissioners split over temporary hold on data‑center development

Lincoln County commissioners debated a proposed temporary moratorium on data‑center development Tuesday morning, with residents urging a pause to study water use, power needs and how the county would contract with developers.

Chair Commissioner Williams moved to adopt resolution 2026‑21 to place a temporary hold on data‑center development and the issuance of related conditional use permits while the county reviews its regulations. After extended discussion and public comment, the roll call reflected a divided board; the motion failed on a 3‑2 split, according to the transcript roll call recorded at the end of the item.

The public comment period featured multiple residents with technical experience who warned a hurried approval process could strain the county’s aquifer and electric grid. “You’re going to have to look at can you provide that level [of water purity],” said Becky Cadzilla, a retired engineer who said she has worked with data centers. She urged the board to avoid broad nondisclosure agreements with developers and recommended a moratorium so Lincoln County can require transparent community protections.

Martin Mora, who described himself as having 30 years’ experience in IT and regional economic development, asked the board to adopt resolution 2026‑21 and to enter written comments and exhibits into the record. He cited state statutory deadlines and recent legislation, saying Nebraska statute 23‑114.01 can trigger a 90‑day automatic approval if a developer files a complete application and the locality does not act. “If an application were to be submitted tomorrow … the permit can be deemed granted by operation of law,” Mora told commissioners.

Judy Clark, Lincoln County planning and zoning administrator, told the board she has researched data centers for about two years and that the county’s current one‑page zoning entry for data centers and a newer soils‑overlay district already give staff and the commission some regulatory leverage. “Can we control it? Would we be okay? Yes,” Clark said. She also recommended developing a more detailed, multi‑page set of regulations modeled on the county’s wind and solar rules that distinguish small edge facilities from hyperscale centers.

Commissioners noted competing priorities. Several said they have long sought stronger protections for irrigators and warned that without clear boundaries the county risks appearing arbitrary if it adds conditions after a company signals interest. Others argued that the county already has tools—setbacks, separation requirements and the soils overlay—that could be applied now to restrict groundwater or surface‑water use and require developers to produce on‑site generation equivalent to projected demand.

Commissioner Bruns (last name recorded in roll calls as both “Brens/Bruns” in the transcript) said the issue raised more questions than answers for him and stressed the need to define clear regulatory boundaries rather than rely only on after‑the‑fact conditions. Commissioner Hugley and Commissioner Woodruff said they, too, want to protect irrigation and the aquifer and seek further clarity. Commissioner Williams said the county must balance economic development against long‑term resource stewardship.

Several speakers urged a longer pause than the 90‑day proposals mentioned by some. “I think it needs to be a year, not just 90 days,” Nancy Nelson Sutherland said. Others suggested six‑ to 18‑month pauses to allow a planning commission process, engagement with public power and the local NRD (Natural Resources District) and to draft a community benefit agreement when appropriate.

Planning staff said they will convene a planning commission meeting with representatives from Nebraska Public Power District and the local NRD to gather information and expected to return to the board with draft regulations and recommended next steps. Clark said staff’s target was to present draft regulations in July and hold a public hearing in August, though that timeline may slip depending on the volume of data collected and legal review.

The board closed the data‑center item after the roll call and moved on to other business, including a closed session on imminent litigation. The planning commission’s next meeting is scheduled to receive additional briefings on energy and water impacts, according to staff remarks at the meeting.

Ending: The transcript shows strong public interest and divided views among commissioners. Planning staff said they will continue to collect data and draft regulations; citizens and county officials will have additional opportunities to weigh in at the planning commission and subsequent public hearings.