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Jasper County approves NIPSCO parcel rezoning with binding commitments after public outcry
Summary
After hours of public comment about groundwater, traffic and transparency, Jasper County commissioners approved a rezoning that would allow a data center on parcels in Kankakee Township and attached nine commitments requiring developer-funded infrastructure, water and emergency‑response plans and a 90‑day community‑enhancement agreement.
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Jasper County commissioners voted Feb. 2 to rezone several parcels in Kankakee Township tied to a planned natural‑gas peaker plant and a potential data center, attaching a set of commitments the board said must accompany any developer before construction proceeds.
The 3‑member board approved the rezoning after an extended public‑comment period in which dozens of residents urged denial, citing groundwater drawdown, noise, road damage and possible long‑term declines in property values. "There is no written plan for this facility," said Dotty Warrick, a nearby resident, adding concerns that a data center could consume "up to 4 million gallons a day" for cooling. Rebecca Deardorff, another resident, cited a NIPSCO report saying a pumping rate could cause a 1–6 foot drawdown in 22 minutes, which she said contradicts assurances that groundwater withdrawal would be insignificant.
Supporters, including Heather Ennis of the Northwest Indiana Forum and labor representatives, argued the projects will bring jobs and tax revenue. "Investment in this new power generation and data centers will help the economy to prosper," Ennis said, citing construction jobs and potential full‑time positions in other jurisdictions.
Commissioners framed the decision as a choice between surrendering negotiating leverage to the state or approving rezoning and extracting protections and payments for Jasper County. "We can say no today and you are still going to get a data center," Commissioner Rein Bontreger told the room, arguing that state legislation under consideration could allow state siting of such facilities and that local approval creates leverage to secure community benefits.
The board read nine commitments to be attached to the rezoning, including developer responsibility for 100% of infrastructure costs directly attributable to the data center; mandatory compliance with NIPSCO's existing Kankakee River withdrawal permit and required discharge permits; developer‑funded road repairs under a road‑use agreement; written documentation from NIPSCO of adequate electrical capacity before any certificate of occupancy (subject to IURC oversight); a county‑approved emergency management plan before occupancy; final site and landscaping plans; a Community Enhancement Agreement to be executed within 90 days or the rezoning will be reversed; a restriction that the property be used only as a data center; and a 60‑foot maximum building height (excluding rooftop mechanicals) unless waived by the Board of Zoning Appeals.
NIPSCO President Vince Parisi told the board the company "are agreeing with these commitments and are confident they can work through those details and meet those commitments." Commissioners said those commitments will be the basis for negotiation with any developer and for compliance monitoring if the project proceeds.
Commissioner Ryan Hilton moved to approve the rezoning; Rein Bontreger seconded, and the motion carried. The board also noted that if a Community Enhancement Agreement is not reached within 90 days, permits will be halted and the rezoning may revert to agricultural zoning.
Next steps include negotiation of the Community Enhancement Agreement, the county's aquifer management study and the fire‑service study the board has commissioned to identify public‑safety and infrastructure costs during construction and operation.
