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Daviess County approves 12-month moratorium on data-center applications amid transparency concerns
Summary
The Daviess County Fiscal Court voted to pause processing of data-center applications for 12 months after officials and residents raised concerns about land options tied to an energy developer and potential impacts on water, utilities and nearby neighborhoods.
Daviess County Fiscal Court on May 28 adopted a 12-month moratorium that halts acceptance and processing of zoning and permit applications for data centers while county staff and planning officials study how to regulate such facilities.
Commissioner Marksberry told the court he had placed public records on file showing ETX Upstream LLC and related entities had recorded options and memoranda for large parcels of riverfront and adjacent land in East Daviess County and said "two of those options are for land owned in part by a current elected official," a point he urged should be disclosed to the public for transparency.
"It is my belief that government and our utility companies are bound to be transparent to the citizens," Commissioner Marksberry said during his presentation, arguing the recorded options and lease memoranda are public and relevant to the county's review.
Judge Executive Charlie Castlin responded that the fiscal court itself does not control Owensboro Municipal Utilities' private contracts and urged the speaker to provide copies of the documents for staff review. "You are welcome to have someone copy these for you," the judge said while acknowledging the documents were submitted to the record.
Multiple members of the public asked the court to go further than a pause. "I am all for your moratorium on data centers," said Maline Payne, who urged the court to consider banning AI data centers altogether, citing concerns about water withdrawals, higher utility bills and creation of local heat islands. Miranda May McDaniel presented a petition she said contains "4,160" signatures opposing AI data centers and asked the court to follow the pause with stronger restrictions.
County attorney Mr. Barley read the ordinance (KOC 921.6903-2026) in its second reading; the measure was put to a voice vote and passed. The moratorium is effective immediately upon passage and is set to remain in force for 12 months, during which staff will seek studies and recommendations to guide zoning or ordinance changes related to data-center uses.
The court directed planning and zoning to review submitted materials and return recommended ordinance language and clarifications to the fiscal court before the moratorium expires. The court did not take a roll-call vote in the transcript; the motion passed by voice vote.
