Area Plan Commission recommends six-month moratorium on data center permits in Grant County

At its meeting the Grant County Area Plan Commission voted to send a favorable recommendation to the county commissioners for a six-month moratorium on accepting applications or issuing permits for data centers while the commission studies regulations.

The moratorium, described in the APC presentation as a temporary suspension authorized under “section 153.075 d” of the area-wide zoning ordinance, is intended to give the commission and a newly formed subcommittee time to draft recommended ordinance language addressing compatibility with surrounding land uses and county planning objectives. Todd Glancy, APC staff director, said the action is legislative and “does not approve or deny specific projects.”

Members of the public asked whether the moratorium is a full freeze and what enforcement powers it carries. Phil Creech of Marion asked, “Is it a freeze? Is the company still allowed to solicit? Or just what actually does a moratorium except for maybe allowing for licensing to be requested?” Legal counsel Mr. Glickfield replied that the moratorium “only covers the area that area plan has jurisdiction over” and that projects outside APC jurisdiction—such as some in Marion or Gas City—would not be covered. He said the moratorium pauses acceptance of applications so the APC can draft recommendations, typically in the form of an ordinance, for the county commissioners to consider.

Michael Duke, a Grant County resident, praised the APC for pursuing a legally binding resolution and raised concerns about transparency, saying elected officials have “been heard to say and they’re on record… saying they’ve signed NDAs.” Duke asked whether APC members have been asked to sign nondisclosure agreements and urged disclosure if that has occurred. Commissioners and staff discussed disclosure obligations for members approached about petitions or rezoning and agreed members should notify staff and make disclosures at hearings when appropriate; counsel noted there are limited circumstances for executive-session discussion under open-door law.

Another commenter, Ryan Howell of Marion, asked whether a data center would bring local jobs, whether utilities could be effectively subsidized by higher residential bills, and whether farming would be harmed by new facilities. Public comments also raised environmental concerns beyond county boundaries, including effects on water tables and drainage.

After closing the public hearing the commission voted on a motion from Wilbur Webb, seconded by Karen Pollan, to forward a favorable recommendation on resolution 007-26 (docket 016-26) to the county commissioners. The APC conducted a roll-call vote and the motion carried; the commission instructed staff to post the subcommittee meeting, issue the draft ordinance to the subcommittee for review, and return recommendations to the commissioners.

The next procedural steps are the subcommittee’s review of a staff draft and subsequent public posting of meetings; final regulatory authority rests with the county commissioners, who will consider any ordinance changes the APC recommends.