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Osage County enacts one-year moratorium on data-center applications
Summary
The Osage County Commission on March 10 adopted Resolution 2026-03, pausing acceptance of applications for data centers in unincorporated county areas until March 10, 2027 to allow planning and zoning review. Public commenters urged the pause citing water, noise and tax concerns.
Osage County commissioners voted unanimously March 10 to adopt Resolution 2026-03, imposing a temporary moratorium on acceptance of applications to establish, operate or expand data centers in the unincorporated areas of the county. The moratorium takes effect on adoption and will remain in force through March 10, 2027, with an annual review to document interim work by staff and the planning commission.
The vote followed an extended public comment period during which several residents urged the commission to pause data-center proposals pending study. Diane Dan Ro (Carbondale) told commissioners that data centers "can use from to 5 million and even more gallons of water a day," and said residents fear contamination of wells, higher electric rates, noise and reductions in property values. Another speaker asked the commission to maintain transparency about possible projects and to ensure planning processes remain public.
County legal counsel and staff framed the moratorium as a time-limited pause to allow planning and zoning staff to research potential regulatory approaches and to craft enforceable zoning language. Counsel advised that moratoria should be tied to recordable actions and documented studies to reduce legal risk. Commissioners discussed appropriate length; after debate they settled on a one-year period with a requirement that staff and the planning commission report progress during the year.
The resolution directs review of the county comprehensive plan and zoning regulations "with respect to data center projects" and calls for public hearings if the planning commission proposes regulatory changes. Commissioner Josh (county counselor) said moratoria "are intended as pauses" to give staff time to vet policy and that a calendarized review makes the action more defensible.
The resolution was approved by voice vote. The item prompted procedural questions from residents and commissioners about existing processes: staff reiterated that unless a project is formally proposed it must still follow planning-and-zoning processes that include public notice and hearings.
Next steps: planning and zoning staff will research technical issues and federal/state developments relevant to data centers, document findings for the planning commission and report to the commission in the months ahead; the moratorium may be extended if the commission determines more time is needed and documents the reasons.
