City of Kearney adopts stricter data center code amendments

The City of Kearney, Nebraska, has unanimously approved comprehensive code amendments that significantly increase regulations for data centers. City Manager Brenda Jensen presented the 10-page document to the city council, highlighting efforts to keep pace with the growing industry and address public concerns.

The new regulations were prompted by feedback from concerned residents in May, who voiced worries about potential data center development's impact on noise (including low humming), water usage, and energy rates. Following this, an advisory group, including city officials, planning commission members, citizens with diverse opinions, and representatives from Nebraska Public Power District, reviewed existing and proposed regulations.

The amendments cover various aspects, including stricter noise standards (55 decibels at the property line), water and wastewater feasibility studies, electrical needs confirmation, air quality measurements, and ongoing compliance reporting. Data centers will now require a conditional use permit (CUP), necessitating two public hearings before the Planning Commission and City Council, allowing for greater public scrutiny. While City Attorney Michael Tye clarified that the city is not implementing a moratorium, the new framework aims to provide predictable evaluation for each data center proposal based on its location, scale, infrastructure demands, and community impact.

Trevor Lee, President of the Development Council for Buffalo County, and Jordan Duffin Wong, Chief Data Scientist at FIVE RULE Rural Planning, spoke in favor of the regulations, emphasizing that they provide a balanced approach without banning the land use while ensuring city oversight.