Custer County Planning Commission advances data center regulations to County Supervisors
The Custer County Planning Commission has completed drafting data center regulations, voting unanimously to recommend them to the Custer County Board of Supervisors. These regulations, developed during a six-month county moratorium set to expire in September, address issues such as water use, noise, electrical demand, and decommissioning. Public concerns about water and electricity resources were also discussed during the hearing.
The Custer County Planning Commission unanimously voted on Wednesday to recommend proposed data center regulations to the Custer County Board of Supervisors for consideration. The decision followed several months of research and discussion conducted during a six-month county moratorium on data centers, which is set to expire at the end of September. The public hearing took place at the Custer County Courthouse, with Zoning Administrator Darci Tibbs outlining the process that led to the draft regulations.
The commission's work focused on various issues, including water use, cooling systems, noise, electrical demand, emergency response, setbacks, and abandonment procedures. They unanimously approved language defining a facility as abandoned if data processing operations cease for 12 consecutive months and removed references to an irrevocable letter of credit for decommissioning. Additionally, the proposed regulations incorporate a recently passed state law, requiring data centers with a peak electricity demand of at least 10 megawatts to enter into a community benefits agreement, with the county having the option to require such agreements for smaller facilities.
During the public hearing, Cole Tierney expressed concerns about the rapidly changing nature of data center and AI technology, suggesting a five-mile setback from residential dwellings, a proposal the commission noted would effectively prevent data centers from locating in the county. Kevin Cooksley questioned the handling of liquid from closed-loop cooling systems and raised concerns about electricity demand from Custer Public Power or Nebraska Public Power District, especially during agricultural irrigation season. Deborah Miller also voiced worries about water usage from the Ogallala Aquifer. The commission noted that proposed provisions allow local utilities to interrupt data center electrical service, prioritizing irrigation, and highlighted the water conservation benefits of closed-loop systems.