Lincoln County moves to require public review of data centers, amid public concern

Lincoln County commissioners voted July 15 to amend Section 4.07 of the county zoning regulations so that data centers will be a conditional use — not a permitted use — in I‑1 industrial districts. The move means any data-center application in those industrial areas must go through the planning commission’s review, a public hearing and a County Commission public hearing before a final decision, rather than being administratively permitted.

The change followed a lengthy public-comment period in which residents urged caution. At the meeting, Suzanne Donnelly, a member of the public who said she works in data and technology research, described the potential local economic benefits but warned that large data facilities can bring high water use and suggested Nebraska consider novel models to preserve stewardship of local land and resources. Other speakers asked why the county had not been more transparent about a perceived 3.5‑year process that many residents equated with a specific data‑center proposal (public comment began at the commissioners’ meeting and resumed during planning hearings).

Judy Clark, the county planning and zoning administrator, told the board the land‑use matrix change is a targeted fix: when the planning rewrite was drafted the land‑use table accidentally left data centers as a permitted use in a few industrial parcels. Planning staff and the Lincoln County Planning Commission favored making the use conditional so that even if an applicant finds an I‑1 parcel, the proposal must still flow through public hearings and allow the county to add site‑specific conditions to protect roads, water and other resources.

Commissioners emphasized the amendment does not itself add new technical regulation; it changes how the county routes applications so the public and elected officials can weigh in before a permit is issued. The planning commission made a unanimous recommendation to amend the matrix; the County Commission then voted in favor by roll call.

The action responds to a wave of local concern about data centers, associated infrastructure and whether a previously discussed moratorium would be necessary. County leaders said the moratorium issue and the longer regulatory rewrite are separate: the matrix change is immediate and intended to close a “loophole” so that no application that could otherwise be administratively approved in I‑1 districts can skip public hearings while the more detailed data‑center regulations are finalized.

What happens next: planning staff will circulate the revised draft regulations and hold the planning commission public hearing (the staff schedule cited an Aug. 11 planning meeting and an Aug. 17 county hearing as the likely path). The board asked planning staff to continue public outreach and to return with the fully drafted data‑center regulations for further review.

Votes and next steps: The board approved the matrix amendment by roll call at the July 15 meeting. Planning staff said they will work with the planning commission and a small subcommittee to finalize the technical regulations, then publish notices for public hearings ahead of formal adoption.

Why it matters: The change makes public input and commissioner oversight a required part of any industrial data‑center proposal on the county’s books, giving residents more visibility and the county more discretion to require mitigation measures around water, roads, and truck traffic while the technical regulatory package is completed.