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Hutchinson council adopts temporary rules to regulate large data centers and battery storage
Summary
The Hutchinson City Council on July 7 approved temporary text amendments to zoning rules that define and require conditional use review for large data centers and utility‑scale battery energy storage systems, closing a gap staff said could otherwise allow such facilities by right. The move drew extended debate and public concern about water, fire risk and decommissioning.
The Hutchinson City Council voted July 7 to adopt temporary amendments to Chapter 27 of the city code that create definitions and require conditional‑use review before large‑scale data centers or utility‑scale battery energy storage systems can be sited in Hutchinson.
City planner Matt Williams told the council the temporary regulations are a stopgap while staff and the planning commission craft permanent rules. "If someone applied to build a data center tomorrow, it's possible they could do that by right depending on zoning," he said, describing the proposed approach: prohibit the facilities in residential zones, require a conditional‑use permit in commercial and industrial zones, and ask applicants to submit plans on traffic, fire and life safety, water demand and decommissioning.
The planning commission unanimously recommended the temporary text amendment at its June 9 meeting, Williams said. He added the rules are intended to ensure the city has the information it needs for public hearings, not to predetermine outcomes.
Council discussion ranged from legal and zoning mechanics to long‑term economic and environmental concerns. One councilor said the rules close a ‘‘loophole’’ that could have allowed a data center or battery system to locate inappropriately without public review; another warned the temporary standards could be misread as an invitation for such projects.
Several residents urged caution. Bruce Miller of East 26th Street said Hutchinson should make the regulations stringent enough that the community is protected and not made attractive to facilities that could strain water or produce other local impacts. Alexia Welch asked whether property owners who purchase land before the regulation would have a legal claim; staff replied that the regulations apply to projects when they submit permit applications, not retroactively to land purchases.
After about an hour of debate and several public comments, the council approved the temporary amendment by roll call. The ordinance requires that future proposals provide site plans, electrical and water‑use projections, emergency response plans, noise and lighting mitigation and decommissioning plans. Planning staff said they will continue work toward permanent regulations with utility providers, emergency responders and other stakeholders and expect to return with specific language and procedures in the coming months.
The ordinance takes immediate effect as a temporary measure while the permanent code amendment process continues.
