BROKEN BOW, Neb.— The Custer County Planning Commission continued the process of potential data center regulations on Wednesday afternoon during a meeting at the Custer County courthouse. The county is currently inside a six month moratorium that was put in place through September 30, to allow time to write regulations.
The meeting comes on the heels of a public hearing regarding the same subject held Tuesday afternoon by the City of Broken Bow.
Members of the commission emphasized that no formal regulations have been drafted yet and that the discussion at hand was to begin the process on forming a recommendation to the Custer County Board of Supervisors.
Custer County Zoning Administrator Darci Tibbs outlined the approach, process, and intent ahead during the moratorium.
“The purpose of developing zoning regulations is not to attract these industries to Custer County, but rather to ensure that appropriate safeguards are in place to protect the health, safety and welfare of our citizens should these types of facilities seek to locate within the county,” Tibbs said.
She added that few counties currently have zoning regulations specifically addressing data centers and similar structures, making research and information gathering an important part of the process.
Members of the Planning Commission and the Board of Supervisors have toured smaller scale facilities that use air cooled and closed loop cooling systems, Tibbs said, to better understand the impacts of their operation. She said joint meetings and information exchanges were also ongoing with Lower Loup Natural Resources District, Nebraska Public Power District, and land agents familiar with this development type.
Tibbs recommended the creation of a temporary committee to kickstart development of proposed zoning regulations, stating she believes it would be an effective way to ‘review information, evaluate potential impacts, and develop well considered regulatory recommendations’ before presenting them to the full Planning Commission and Board of Supervisors.
Listen to the full statement read by Tibbs here:
As head of the Planning Commission, Butch McGinn will be a part of the committee the commission formed. John Slagle, Steve Hostick, and Don Cantrell were also named to the committee.
The job ahead of the committee, and ultimately the commission as a whole, was stated several times to be necessary to start a healthy process going forward.
“I just want the public to be aware of the fact that we’re not running, we’re not hiding,” said McGinn. “There will be a very open time for your input into this issue. Be we’ve got to have something to present to you before we can go that way.”
Protecting agricultural operations (specifically power availability for irrigation systems and having the ability to shut off facilities in favor of irrigation) was a concern expanded on slightly before the short discussion closed.
Jennifer Sittler was one of two to come forward during public comments to ask questions of the commission. Among them were concerns of the potential effect of large land purchases on property valuations, how the county would enforce regulations, and who would oversee compliance if facilities are ultimately approved.
In response, members of the commission expressed that in general those concerns would need to be addressed as research and drafting continues. They did note, however, that based on the early information they have received, Custer County lacks what is needed to be the site for ‘the big ones’. They stated that the ‘small ones’ similar to those they had toured, which were built on power company property next to sub stations, would be more likely.
“I think the fear of these big mega ones coming in using a lot of power and a lot of water, we’re not really in line for that. We don’t have the excess generation to do that. We still need to write the regulations like they’re coming.”
McGinn closed by stating that more than one draft of regulations was likely ahead alongside hearings before a submission to the County Supervisors. A meeting will be announced when a draft is put together.
Other business from Wednesday’s meeting
- Tibbs provided an update on the Prairie Hills Wind Farm project south of Mason City, touching on what was discussed when they visited the recent Supervisors meeting. A road agreement amendment was accepted, Invenergy promised more communication, and some form of construction has to start before July 11.
- Tibbs said she received a phone call on a possible zoning regulation violation and stated she asked that the complaint be provided to her in writing. She will investigate to see if a violation is taking place and confirmed that the process explained in current zoning regulations is satisfactory to those on the planning commission.
