Butler County Board approves temporary moratorium on several large-scale land uses while plan is completed
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Summary
After public comment, the Butler County Board of Supervisors voted 4–1 on March 16 to adopt Resolution 2026-07, imposing a temporary moratorium on five categories of large-scale land development while the county completes a comprehensive plan and zoning; the board removed a clause that would have exempted projects claimed to be under construction.
DAVID CITY, Neb. — The Butler County Board of Supervisors voted 4–1 on March 16 to approve a temporary moratorium on several large-scale land uses while the Butler County Planning Commission finishes a comprehensive plan and zoning rules.
Chairman Scott Steager and Supervisors Scott Griess, Scot Bauer and Brad Vandenberg voted to approve Resolution 2026-07; Supervisor Tony Krafka voted no. The resolution mirrors the Planning Commission’s Resolution 2026-04 but strikes language that would have excluded projects asserted to be already under construction.
The moratorium follows extensive public comment both for and against pausing development. Supporters said a temporary pause is needed to allow the Planning Commission and its consultant, Hanna:Keelan, to develop a land‑use matrix, conduct soil and baseline testing and draft clear rules on permitted, special and nonconforming uses. "A moratorium is a pause button to allow rules to be developed," said Joe Peterson of Bellwood during the public hearing.
Several speakers urged the Board to include poultry confinement operations in the moratorium. Jonathan Leo of Omaha told the Board he supported the Planning Commission’s resolution and urged inclusion of poultry confinements; he also raised an ethics concern, saying two Planning Commission members did not disclose that they are livestock farmers before a 4–3 Planning Commission vote against including poultry confinements.
Developers and landowners pushed back. "I have an issue with Jonathan Leo telling us what to do," said Mike Ebel of Columbus, who said he owns land in Butler County and favors development rather than a pause. Representatives of Sandhills Energy, the company developing a large county solar project, said construction began in February and warned a moratorium could affect significant investment. "We've invested $15 million and have $100 million in irrevocable equipment orders," said Brian Boerner of Sandhills Energy, who asked the board to exempt the Butler County Solar project from any pause.
Tim Keelan, the planning consultant with Hanna:Keelan, told the Board the Planning Commission conducted a community survey of about 800 respondents and that approximately 90% of those respondents indicated they were not interested in solar as a land use in Butler County; Keelan said the Commission aims to complete the comprehensive plan by late summer and draft zoning rules thereafter.
Board discussion centered on the moratorium’s scope and whether to exempt projects already underway. Several public commenters and Supervisors Scott Griess and Bauer supported removing the sentence that would have excluded projects with "concrete evidence that construction has commenced," saying that language was ambiguous and could lead to disputes about what constitutes construction. Supervisor Tony Krafka argued the county’s prior lack of zoning meant developers had acted under no local restriction and noted Sandhills Energy first approached the county in 2019.
The Board’s action directs a temporary pause on the land uses identified in the Planning Commission proposal while the comprehensive plan and proposed zoning are finalized and brought back for public hearings. The motion approving Resolution 2026-07 was made by Supervisor Scott Griess and seconded by Supervisor Brad Vandenberg.
The Board adjourned at 7:08 p.m.; its next regular meeting is scheduled for April 6 at 9:00 a.m.
