Jackson County weighs temporary ban on data center zoning, permits

The Jackson County Legislature in Missouri is currently debating an ordinance to impose a 120-day moratorium on new data center land use applications and Battery Energy Storage System (BESS) sites within unincorporated areas of the county. Legislative Vice Chair Sean Smith proposed the temporary ban to allow the county to update and implement stricter permanent guidelines for data center development, citing concerns over land use, infrastructure, environmental impact, and public safety. The proposed moratorium would halt the acceptance, processing, and approval of rezoning applications, site plans, special use permits, and conditional use permits for data centers. This move is influenced by similar actions at both state and city levels, including ongoing discussions in the Missouri House of Representatives regarding water and energy usage guidelines for data centers, and new regulations passed by Kansas City to limit data center locations and enhance public hearing requirements. Community opposition to large industrial technology facilities, including an unsuccessful attempt by Independence residents to force a public vote on $6 billion in tax breaks for a $150 billion AI data center, also motivated the county's proposed ordinance. Residents' lawsuit to petition for a public vote was dismissed by a Jackson County judge. The Jackson County Counselor’s Office has affirmed the enforceability of the proposed moratorium ordinance. The ordinance was first heard by the Legislature and is now before the Health & Environment Committee, with a final decision expected from the full Legislature in the future.