Sedgwick County commissioners ask staff for tiered rules and strict water limits for hyperscale data centers

Sedgwick County commissioners on April 1 directed county planning staff to develop a menu of regulatory options for data centers that would treat large, "hyperscale" facilities differently from smaller server rooms.

The discussion followed public comments warning that hyperscale facilities can change rural areas and strain roads, water and stormwater systems. "We're focused right now on regulations that are countywide, and we're not focused on a specific site," Commissioner Howe said, responding to resident concerns about runoff and tax effects. "If there's an application, we have a future opportunity to reject it if it has inadequate stormwater management." (Commissioner Howe)

Commissioners coalesced around several priorities: define sizes and tiers so rules match scale; favor industrial locations or protective overlays rather than rural residential settings; require decommissioning plans; and impose monitoring and enforceable limits for water and noise.

Commissioner Beatty, who repeatedly pressed the panel on water conservation, said he favored stringent limits on operational water usage and more study of closed-loop versus air-cooled systems. "Community discussion is very dialed in on water issues," Beatty said. "I almost feel exclusive around air-cooled systems... I need to be educated more about closed-loop systems and wastewater." (Commissioner Beatty)

Several commissioners urged a tiered approach similar to prior county work on solar regulations: smaller facilities would face lighter application requirements while hyperscale projects would be subject to the most rigorous scrutiny. "Size is going to be really important to tackle first," Commissioner Wise said, calling definitions of "micro, standard and hyperscale" a necessary first step.

Staff said they will return to the advanced plans committee and the commission with options, including models that would: require baseline and continuous calibrated noise monitoring at site borders; require water-use monitoring and daily/rolling limits for cooling; set testing windows for backup generators; and explore protective overlays or limits to siting in industrial areas. County planning staff also noted existing zoning protections for pre-existing facilities and the county's interim development control that pauses new applications while rules are drafted.

Public commenters emphasized local impacts. Mick Rausch, who said he represents two taxing boards in a township near proposed projects, urged the county to write regulations protective of local landowners and to reject unsuitable sites. Pat Krause, who researched hyperscale examples, urged locating large facilities in industrial zones and flagged long-term decommissioning issues described in a Berkeley white paper.

The commission did not adopt any new code today. Instead, it voted unanimously to "receive and file" the public record and asked staff and consultants to return with tiered regulatory options, model noise and water thresholds, and maps showing candidate industrial or overlay areas for larger facilities. The project will move next to the advanced plans committee and then back to the commission for review.