Custer County Supervisors Approve Data Center Regulations, Battery Storage Moratorium
The Custer County Board of Supervisors in Nebraska approved new zoning regulations governing data center siting, construction, operation and decommissioning. The board also enacted a 12-month moratorium on new or expanded battery energy storage systems while the county develops additional regulations.
Custer County supervisors approved Resolution 77Z-26, adding standards for data centers to the county zoning regulations. The rules address impacts involving agricultural land, groundwater, noise, lighting, traffic, utilities and emergency response, and require community benefit agreements for facilities with peak demand of at least 10 megawatts under Nebraska law.
The board also approved Resolution 78Z-26, imposing a 12-month moratorium beginning Oct. 13, 2026, on accepting, processing or approving zoning applications for new or expanded battery energy storage systems. County officials cited concerns about fire safety, emergency response, electrical infrastructure, land use, noise and setbacks while they review state and federal requirements and develop permanent rules.