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McPherson County adopts temporary moratorium on data centers in unincorporated areas

August 04, 2025 | McPherson County, Kansas


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McPherson County adopts temporary moratorium on data centers in unincorporated areas
The McPherson County Commission on a unanimous voice vote adopted Resolution 2025-14 on a temporary moratorium that pauses approval of new data center projects and cryptocurrency-mining activities in unincorporated McPherson County while the planning department and planning and zoning board review the county comprehensive plan and zoning regulations.

John Kinsey, McPherson County planning, zoning and environment administrator, told the commission the moratorium is “to allow the planning board to have the time to research and study those, see how it would fit into our comprehensive plan and adjust that if need be, as well as any zoning regulation.” He said the original draft proposed a pause through Jan. 1, 2028 but staff and commissioners agreed to shorten that timetable.

The final resolution removes the draft’s item 3, which would have prohibited already-operating data centers; Kinsey confirmed that change “that allows for existing…to continue.” The commission set the moratorium to expire March 1, 2026, but the resolution language allows the commission to extend, terminate earlier, or amend the moratorium by subsequent resolution.

The moratorium applies only to unincorporated areas of McPherson County; Kinsey and speakers clarified that projects inside city limits remain under city jurisdiction and could be annexed by cities if proposed near municipal boundaries.

Members of the business and development community urged participation in the study process. Dawn Loving, board president of McPherson Industrial Development Corporation (MIDC), said MIDC wants to be part of the review and asked the commission to shorten the proposed window: “I think to take this out to 2028 is unreasonable,” she said, urging a shorter initial moratorium with the option to extend. County staff and commissioners agreed the timeline could be shortened and revised as needed.

Local operators and prospective investors also addressed the commission. Nick Vontz of KV Enterprises, which operates several facilities in the area, asked the county to “pause” so operators can help educate staff and to avoid disrupting existing home-based or city facilities. Vincent Zottola, who identified himself as owner of Midwest Mining and East Coast ASEC, said his companies operate Bitcoin data centers in the city and are planning larger AI-scale centers in the county, noting a 50-megawatt proposal and an estimate of 200 potential jobs. Zottola urged either removing a moratorium or creating “a designated relief zone within the county” to allow continued investment.

Commissioners and staff flagged topics for the planning study: noise and noise abatement, water usage, siting near substations and industrial zones, conditional-use and zoning reclassifications, and how the county should identify existing operations. Kinsey said he will meet the county’s electric-utility representative as part of the study and will present findings to the planning board, which has a meeting scheduled Aug. 11.

Several speakers noted that some smaller “self-mining” operations exist inside residences and that utilities can often detect unusual meter usage; commissioners discussed whether existing operators should be required to notify the county. The commission indicated it will request a list of known existing operations from utilities and ask operators to identify themselves as part of the study.

The resolution was moved and seconded on the record; commissioners recorded aye votes for Aaron Beckers, "Mister Beazer" and "Mister Adele" and the chair declared Resolution 2025-14 adopted. Kinsey said he will revise the resolution language to reflect the commission’s direction (removal of item 3 and the March 1, 2026 date) and present the revised document for signature.

The commission directed staff to engage stakeholders, including MIDC, utility providers and known operators, and to return to the planning board and commission with recommended zoning or comprehensive-plan amendments.

Votes at the meeting on the moratorium did not address penalties, permit fees, or specific zoning text changes; those are to be determined through the study and subsequent planning-and-zoning work.

The commission’s action does not limit city authority; Kinsey emphasized the moratorium “is only in the unincorporated area.”

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