Harvey County adopts temporary moratorium on data centers in unincorporated areas

The Board of Harvey County Commissioners voted unanimously Jan. 13 to adopt Resolution 2026-4, imposing a temporary moratorium on the acceptance, consideration or processing of applications related to the establishment, operation, or expansion of data centers in unincorporated Harvey County. The moratorium covers permits and applications including building permits, site plan and architectural review, variances, conditional use permits, grading permits, rezoning applications and occupancy permits and is effective until Jan. 1, 2029 unless rescinded earlier.

Karen Rothe, Planning, Zoning & Environmental Director, told commissioners the pause is intended to give staff and the planning commission time to research best practices and potential zoning changes. "This moratorium would give the planning and zoning staff and planning commission time to evaluate the potential effects of data centers," Rothe said. The resolution directs the planning department and planning commission to review the county comprehensive plan and the Harvey County Unified Development Code and to consider text amendments that address public health, safety and welfare related to such facilities.

Commissioner Becky Reimer moved to adopt the moratorium and Commissioner Don Schroeder seconded; the motion carried unanimously. The resolution defines "data center" broadly—encompassing server farms, cloud computing, cryptocurrency and similar facilities—and explicitly allows exemptions for noncommercial, personal systems. The commissioners and staff identified next steps as drafting potential code changes and conducting stakeholder outreach through the planning commission process before any long-term regulations are adopted.