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Douglas County commissioners weigh data‑center and crypto‑mining policy; legal guidance and Clarion diagnostic requested

Board of Douglas County Commissioners · May 6, 2026
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Summary

Commissioners discussed how to handle data centers and digital asset retrieval (crypto mining) in unincorporated Douglas County, flagged constraints on water, roads and emergency response, and asked staff to seek legal guidance and return after the Clarion zoning diagnostic for further public input.

Douglas County commissioners used a May 6 work session to question staff about the county’s capacity to host large data centers and digital asset retrieval uses, and to request legal and diagnostic analysis before considering any regulatory change.

Carl, the planning staff member leading the review, described data centers as facilities "filled with rows of computers" that can range from small containerized systems to hyperscale facilities of millions of square feet. He highlighted infrastructure impacts beyond zoning — notably electricity and water demands — and told the Board that larger facilities sometimes rely on evaporative cooling "that can use in some cases hundreds of thousands of gallons of water per day." Carl emphasized that no data‑center applications have been received in Douglas County.

Commissioners pressed staff about practical constraints in the unincorporated county: limited general‑industrial zoning nodes, rural water‑district capacity, potential limits in water‑rights contracts with nearby cities, road and bridge suitability for heavy construction traffic, and rural fire districts’ ability to provide required sprinkler and suppression services. Carl said staff has reached out to water districts and heard that significant upgrades would likely be required to serve very large uses.

Because the initiated text amendment bundled BESS, data centers and digital asset retrieval uses, commissioners debated splitting the work into separate tracks. By the session’s close, several commissioners favored separating BESS (which staff said is further along in review) from data centers and crypto mining so each topic can be studied on its own merits. Commissioners asked staff to obtain legal advice on whether an outright ban is legally permissible or whether non‑permitted use categories and other code mechanisms would be required.

Staff told the Board the County’s Clarion zoning diagnostic is expected in roughly 60–90 days and that the diagnostic’s recommendations would inform any further action; staff proposed returning with legal guidance and additional stakeholder outreach once the diagnostic is available. No formal votes or regulatory changes occurred during the work session.

Next steps identified by the Board: staff to continue outreach to water utilities, rural fire districts and county legal counsel; Clarion diagnostic to be reviewed with the Board when available; and a public meeting with comment opportunities to follow draft code language before any formal adoption process.