McPherson County adopts zoning revisions to ban data centers, utility‑scale batteries and certain hydrogen systems
August 31, 2026 | McPherson County, Kansas
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The McPherson County Board of Commissioners voted Aug. 31 to revise the county's model zoning regulations and official zoning district map to expressly prohibit data centers, utility‑scale battery energy storage systems (BESS) and certain hydrogen energy transfer systems in unincorporated areas.
Commissioner (transcript_label 4) moved the package of changes, which included striking shipping‑container restrictions from some articles, considering moving many M1/M2 permitted uses to a special‑use review, adding definitions for new categories and requiring disclosure of expected maximum electric service capacity for large industrial or warehouse buildings. The motion, which included repeal and adoption language and directed the county clerk to publish the revised code, passed and was recorded as Resolution 2026‑21.
The administrator told commissioners the work followed multiple moratoria adopted over the past year to allow the planning board time to study emerging technologies. The packet included planning board minutes, written comments and more than 90 reference documents placed on a shared server for commissioners and planning board members to review.
The proposal came after a planning‑board process in which the planning board voted to ban data centers during its deliberations and forwarded recommended changes to the commissioners; Kathy Nicholson, chair of the planning and zoning board, told the commission the planning board "did vote to ban the data centers" and felt unprepared to create specific regulatory hearings for special uses because of the technical complexity.
Dozens of public commenters urged the ban during the hearing, raising concerns about water use, aquifer declines, grid stability and chemical risks associated with cooling and battery systems. One township representative cited a recent electricity outage tied to an AI data‑center incident and told commissioners that local wells and land values had been affected. Commissioners framed the vote as stewardship of agricultural land, water and long‑term economic resilience.
Resolution 2026‑21 includes language to add reporting requirements for any new or expanded industrial or warehouse building exceeding 10,000 square feet — requiring expected maximum electric service capacity, estimated peak demand and identification of backup generation and fuel storage — and authority for the zoning administrator to issue a notice of violation if a facility meets a "high density load" trigger after occupancy.
The board directed the county clerk to prepare and certify the resolution; roll call confirming the vote was completed at the meeting. The revisions apply to unincorporated areas of McPherson County and the model code adopted by the board. The commission's action repealed portions of previous resolutions referenced during deliberations.
Commissioner (transcript_label 4) moved the package of changes, which included striking shipping‑container restrictions from some articles, considering moving many M1/M2 permitted uses to a special‑use review, adding definitions for new categories and requiring disclosure of expected maximum electric service capacity for large industrial or warehouse buildings. The motion, which included repeal and adoption language and directed the county clerk to publish the revised code, passed and was recorded as Resolution 2026‑21.
The administrator told commissioners the work followed multiple moratoria adopted over the past year to allow the planning board time to study emerging technologies. The packet included planning board minutes, written comments and more than 90 reference documents placed on a shared server for commissioners and planning board members to review.
The proposal came after a planning‑board process in which the planning board voted to ban data centers during its deliberations and forwarded recommended changes to the commissioners; Kathy Nicholson, chair of the planning and zoning board, told the commission the planning board "did vote to ban the data centers" and felt unprepared to create specific regulatory hearings for special uses because of the technical complexity.
Dozens of public commenters urged the ban during the hearing, raising concerns about water use, aquifer declines, grid stability and chemical risks associated with cooling and battery systems. One township representative cited a recent electricity outage tied to an AI data‑center incident and told commissioners that local wells and land values had been affected. Commissioners framed the vote as stewardship of agricultural land, water and long‑term economic resilience.
Resolution 2026‑21 includes language to add reporting requirements for any new or expanded industrial or warehouse building exceeding 10,000 square feet — requiring expected maximum electric service capacity, estimated peak demand and identification of backup generation and fuel storage — and authority for the zoning administrator to issue a notice of violation if a facility meets a "high density load" trigger after occupancy.
The board directed the county clerk to prepare and certify the resolution; roll call confirming the vote was completed at the meeting. The revisions apply to unincorporated areas of McPherson County and the model code adopted by the board. The commission's action repealed portions of previous resolutions referenced during deliberations.
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