No moratorium, but no green light: Douglas County keeps data centers and crypto mines on hold until regulations developed

Douglas County, Kansas, has placed a "de facto pause" on new data center and cryptocurrency mining operations while its planning staff develops specific zoning regulations for these facilities. Although the county has not enacted a formal moratorium like neighboring Harvey, Saline, Sedgwick, and Jackson counties, officials have stated that no applications for data centers, crypto mines, or battery energy storage complexes will be considered until the code-writing process is complete and approved by the County Commission. The initiative to create new regulations began in 2024, but after 20 months, a draft code has yet to be finalized, and no timeline for completion has been established. County planner Karl Bauer explained that staff determined these uses do not fit existing land-use categories, necessitating a text amendment to formally define them and establish specific standards. The County Commission will hold a work session on May 6 to receive updates and provide direction on the drafting of these regulations, which will address complex issues such as infrastructure demands, land use compatibility, noise, and safety. The county's approach follows a two-year legal battle in Harvey County, where a crypto mine set up near an electrical substation without specific zoning guidance. Harvey County ultimately won the lawsuit and subsequently enacted a moratorium to prevent similar issues. Douglas County Commission Chair Shannon Reid emphasized the need for careful consideration of the significant impacts of these facilities, particularly regarding their high demands on electricity and water, and to determine appropriate locations within unincorporated areas.