By Allison Peck
A packed room at North Platte City Hall Tuesday night reflected the high level of public interest surrounding Lincoln County's proposed data center regulations. Residents filled the Planning Commission meeting to voice concerns, offer recommendations and, in some cases, support the work already done.
Outside City Hall, organizers were also collecting signatures for recall petitions targeting the three Lincoln County commissioners who voted against a temporary moratorium on data center development. Tuesday was the first time the petitions were available for residents to sign.
Inside, the Planning Commission spent more than an hour hearing public comment before discussing and amending the proposed regulations. The commission ultimately voted unanimously to recommend the amended regulations to the Lincoln County Board of Commissioners.
The hearing was not about a proposed data center. There is no data center application before Lincoln County, no project under consideration and no location being reviewed by the Planning Commission. The commission is working to establish regulations in advance so that, if an application is ever submitted, the county has rules in place to evaluate it. Planning staff reiterated that point at the beginning and after the public hearing.
The public hearing showed considerable agreement among speakers about the areas they want the regulations to address, even though individual comments varied. Water consumption and monitoring, electrical demand, noise and lighting, environmental impacts, emergency response, enforcement and the potential financial and infrastructure impacts of a future facility were recurring concerns.
David Huebner described the issue as one that has brought people together across political lines. Huebner said the community wants local officials to take their time and get the regulations right rather than feeling pressured to move quickly.
"We're all on the same team here. Never seen anything so nonpartisan," Huebner said. "It's Democrat, it's Republican, it's everybody in between. We just want to be protected."
Huebner also encouraged commissioners to use stronger language throughout the regulations, saying he would prefer requirements that "must" or "shall" be followed rather than language that leaves flexibility. He said agriculture and water rights are particularly important to the county's economy.
Not everyone at the hearing was asking the commission to start over.
Kimberly Backer of Sutherland, speaking as an individual, commended the Planning Commission for taking the initiative to establish regulations before an application is submitted. She told commissioners she appreciated the work involved and urged residents to look at what the regulations actually say rather than relying on information circulating on social media.
Backer told the commission she wanted to "commend you for sitting in these seats and attempting to do the right thing."
Michelle Bogs also pushed back on the idea that residents' concerns were simply being driven by what they see on social media. During her comments on the proposed intent section, Bogs said she appreciated the work the commission had put into the regulations but wanted stronger protections for water, power generation capacity and agricultural land.
"Lincoln County deserves an intent section with teeth that protects our community's interests for the long term," Bogs said. "And I truly do appreciate all the leg work that you all have done. I don't think we all just go by Facebook. We have a very valid viable interest in this."
Nancy Nelson represented the more significant push for additional changes. Nelson presented a 36-page document prepared by a group of citizens that proposes revisions to the county's draft regulations.
Nelson said the citizen document essentially rewrites the county's nine-page draft, but emphasized that she wasn't saying the commission had done a poor job.
"It's a start," Nelson said, while questioning whether the regulations had received enough review since the process began June 1. She asked commissioners not to vote Tuesday night and instead take time to review the citizen proposal and determine what could be incorporated.
Among the most consistent concerns was water. Residents called for stronger monitoring and reporting requirements, with some asking for continuous or more frequent monitoring rather than relying on annual sampling.
Electricity was another major issue, with residents asking that existing community and public-service needs be prioritized if the electrical system comes under stress.
Noise and lighting standards also drew significant attention, particularly from residents concerned about wildlife, agricultural operations and rural property. Emergency response requirements were another focus, including training, equipment and access for local responders.
The proposed community benefits agreement also changed as a result of the discussion.
The commission agreed with Lincoln County Deputy Attorney Tyler Joseph Volkmer to revise the language so community benefits are connected to mitigating the impacts of a future data center, rather than being framed as something the community receives in exchange for supporting or not opposing a project.
The commission discussed potential impacts involving roads, utilities, emergency response, environmental monitoring and other public costs.
Volkmer also discussed the importance of making the regulations legally defensible. Commissioners acknowledged that while residents have proposed stronger requirements, the county must ensure its regulations can withstand a legal challenge.
The commission also tightened the proposed rules for ancillary data centers — smaller facilities located within another commercial or business operation. The amended language limits an ancillary data center to 10% of the building's gross floor area or 2,500 square feet, whichever is less.
The commission acknowledged that the regulations may continue to evolve. After the public hearing, commissioners said the citizen-submitted material provided additional issues to consider, and Volkmer said he would review the lengthy document to determine whether portions could be incorporated while remaining legally defensible.
The Planning Commission ultimately approved the amended data center regulations unanimously.
The Planning Commission also approved changes to the county's land-use matrix concerning ancillary data centers.
A separate amendment to the county's conditional-use procedures was approved later in the meeting to comply with recent state legislation establishing deadlines for local governments to act on conditional-use applications. That measure passed 5-1.
The data center regulations now go to the Lincoln County Board of Commissioners for consideration.
There is currently no data center application before the county. Tuesday night's action was solely about establishing regulations that would apply if someone submits an application in the future.
You can watch the public hearing and full meeting on the county's Youtube channel.
The draft, prior to meeting amendments, is available for public review on the North Platte Post.
A public hearing for the Lincoln County Board of Commissioners will be held 10 after the posting of the notice. The tentative date is August 31, with location to be determined. It was said during the August 3rd County Commissioner meeting that a larger location may be required depending on the turn out of the Planning Commission hearing.