Independence passes 180-day moratorium on new data center projects
The City of Independence, Missouri, unanimously approved a 180-day moratorium on new data center and battery energy saving systems (BESS) projects within city limits. While data center opponents welcome the pause, they argue it falls short as it does not apply to projects already underway, such as those by Nebius and Patmos. Residents are pushing for more comprehensive zoning updates and greater scrutiny of existing developments.
The Independence City Council in Missouri has unanimously enacted a 180-day moratorium on new data center and battery energy saving systems (BESS) projects. This decision, approved on Monday, was met with cautious optimism by residents, who view it as a positive initial step in regulating data center development within the city.
However, data center opponents, including the Independence GUARD Alliance, expressed dissatisfaction that the moratorium does not extend to projects already underway. Daniel Moorehead, leader of the GUARD Alliance, characterized the measure as a "quarter measure," emphasizing the need for comprehensive updates to city zoning laws to prevent data centers from being built anywhere in Industrial-1 zones. The moratorium specifically excludes a large Nebius data center approved in March and a second application submitted by Patmos, which is reportedly for a 50-megawatt facility, significantly smaller than Nebius's planned 1.2-gigawatt hyperscale AI data factory.
Hanna Albina, another GUARD Alliance member, shared mixed feelings, stating the moratorium feels "too little too late" and highlighting concerns about the environmental impacts of data centers and insufficient oversight. Second District Councilman Brice Stewart, who sponsored the moratorium but voted against the Nebius project, explained that including existing projects in the moratorium would pose a significant legal risk to the city. Moorehead also raised concerns about Nebius's construction practices, including work outside permissible hours and unauthorized road blocking, which Nebius disputes, stating compliance with city regulations.
This action follows a similar 180-day moratorium passed by the Jackson County Legislature in June, covering unincorporated areas. Across the state line in Kansas, residents have successfully challenged data center projects, with the Edgerton Planning Commission voting down a project and Leavenworth County enacting a 90-day moratorium.