Geary County Commission weighs 3-year moratorium, studies and zoning changes for data centers

Geary County commissioners spent nearly an hour on April 20 discussing whether to place a temporary moratorium on data centers and related energy facilities while the county updates zoning and permitting rules.

Chair said the moratorium would buy time for planning and regulations, noting it could be lifted at any time if the county decides it is not needed. County Counselor explained that unincorporated areas are largely zoned for agriculture and single-family uses, that data centers are not currently enumerated uses, and that applicants typically must seek conditional use permits that go before the planning commission and the board. The counselor said moratoria used by other Kansas counties have ranged from 90 days to multiple years, and that separate moratoria for battery energy storage systems and for data centers are possible.

Several residents urged caution and transparency. A resident who had seen an “AI opportunity assessment” on an Economic Development Commission agenda said “AI” is often shorthand for data centers and asked the county to be open with the public. Another resident addressed technical constraints: she said some smaller data centers can employ dozens of local workers and recycle water, but county transformer shortages and local electric capacity — including Panasonics’ use of transformers — limit immediate buildout.

Commissioners flagged specific local concerns: water use, heat discharge from cooling systems, and effects on adjacent property. The counselor cited a prior legislative proposal that would have required closed-loop cooling to avoid discharging heated process water into the ambient environment. Commissioners also noted existing county rules on setbacks for wind and that current regulations do not meaningfully address data centers, battery systems or solar.

Multiple commissioners expressed support for a three-year moratorium to allow planning staff and the planning commission to draft zoning language and environmental safeguards. One commissioner recommended separating data centers, battery energy storage and solar/wind into distinct policy tracks because their impacts and regulatory needs differ.

The commission directed staff to coordinate with planning and zoning on draft language and to bring information back to the board; no formal moratorium resolution was passed at the meeting. Public commenters and commissioners agreed on the need for transparent public outreach as the county develops any new rules.