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Local developers say performance‑based, tiered zoning can allow data centers while protecting resources
Summary
Business leaders argued the moratorium should be used to write performance‑based, tiered zoning rules that differentiate small, medium and hyperscale data centers by megawatt draw and require clear safety and water protections; they cited state SB‑98's thresholds for tax exemptions.
Proponents at the meeting said thoughtful, performance‑based zoning—rather than an outright ban—can allow responsible data‑center development while protecting county resources.
Nick Montz, a local developer and business owner, said the moratorium was intended as a temporary pause ‘‘to set sustainable zoning rules that protect the resources while continuing growth and economic development.’’ He outlined a tiered system by megawatt draw (small 5–50 MW; medium 50–100 MW; large 100–250 MW; hyperscale 250+ MW) and argued smaller facilities often do not qualify for state SB‑98 tax exemptions and therefore pay sales tax and construction revenues that benefit local governments. Montz also said under Kansas law sales tax exemptions are reserved for ‘‘mega facilities investing at least $250,000,000’’ and that properly sized projects create technical jobs and contracting work for local trades.
Montz asked the board to use the pause to craft zoning standards that require enforceable protections—water‑use limits, sound monitoring and NFPA fire standards for battery storage—so the county could remain ‘‘open for responsible economic growth.’’
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