Nodaway County commissioners unanimously approve a six-month moratorium on building data centers.
Click on the LISTEN button to hear some of the comments from the Nodaway County commission's July 21, 2026 meeting.
The unanimous vote at the commission's July 21st meeting followed 30 minutes of public comments and questions from opponents.
Commissioner Scott Walk said "I will tell you that I don't know if (the moratorium is) the right thing to do or the wrong thing to do. But I feel like we have the right to some questions being answered."
Multiple opponents asked what can be done on the proposed data center site during the moratorium. Presiding commissioner Bill Walker said "They can not move dirt." "They can probably go in there and move trees cause it's private property. But they can't build."
Walker repeated to opponents that commissioners have not considered economic incentives, saying "Like I've said a hundred times, haven't said nothing about taxes at all. Period. I'm sure they're going to ask for Chapter 100 (economic incentives), I'm sure they will. Everybody does, that size of company, but we're not saying one way or the other on anything. Until you get into it, it's confusing as heck."
Responding to an opponent's question, Walker said as far as he knows there is no occupant for the proposed data center, adding "that's something I would insist on during this six month" moratorium period.
During the discussion, it was also brought up that the data center developer has an option to buy the land but has not made the purchase.
Violations of the moratorium order, which includes any construction or establishment of a center or any supporting or ancillary facility, is subject to enforcement action...which includes the county going to court seeking cease and desist orders and to recover costs and attorney fees.
The six page order says "the County Commission further finds that an important purpose of the temporary moratorium is to allow the County Commission to undertake reasonable and necessary due diligence concerning proposed data center development, including to provide the County, the public, and any affected owner or developer with sufficient time to identify, review, discuss, and work through the issues presented by such development in an orderly, transparent, and informed manner".
The order also says the commission "concludes that a temporary moratorium on the construction and operation of data centers in the unincorporated portions of
Nodaway County is necessary to provide the County with a reasonable time to investigate, study, and develop a comprehensive, evidence-based framework that protects public health and safety, safeguards the local tax base, protects property rights, and promotes stable economic development as authorized pursuant to state law, including but not limited to § 49.650, RSMo., and § 192.300, RSMo., and to consider the adoption of planning and/or zoning in accordance with the provisions of §§ 64.510 to 64.727, RSMo., or § 64.800 to 64.905, RSMo."
Additionally, the order says "the County Commission further finds that data center development commonly includes supporting or ancillary facilities, whether located on the same site or developed in connection with the principal facility, including without limitation substations, switchyards, transmission or distribution infrastructure, water supply or storage facilities, wastewater facilities, backup generation facilities, and other energy generating facilities constructed or operated to serve a data center, and that such supporting infrastructure may independently create impacts on public health, safety, utilities, noise, storm water, drainage, discharge, and surrounding property that require study during the moratorium period".
More specifically, the order says "the County Commission desires to study the potential impacts of data centers on local infrastructure, specifically regarding the quantities of energy and water such facilities may consume, to ensure that such development does not negatively impact the availability or reliability of utilities for existing users".
The order also says "the County Commission finds that data centers may consume substantial electricity, which requires further investigation and coordination with local electrical utilities to evaluate grid stability and to identify any potential risks of localized power disruptions to critical residential, medical, and climate control systems".
The order also says "because data centers may utilize continuous cooling systems and emergency backup generators, the County Commission requires time to assess the potential light and ambient noise impacts of these facilities and to determine what specific community light and noise standards or setbacks may be necessary to preserve public health and the quiet enjoyment of adjacent properties".
The order also says because "the construction of data centers introduces substantial impervious surface acreage," "the County Commission seeks to investigate how such development alters localized drainage patterns and storm water runoff and discharge in order to determine the appropriate scope of management controls necessary to prevent erosion, downstream flooding, or public health hazards related to water quality and discharge".
The order also says "the County Commission intends to evaluate whether and to what extent the unique operational characteristics of data centers, including without limitation light, noise, utility strain, and storm water runoff and discharge, could impact adjacent property or the surrounding area’s economic viability, so that any future regulations or agreements, or both, will appropriately safeguard the local tax base, protect property rights, and promote stable economic development pursuant " to state law § 49.650, RSMo.
The order also says "the County Commission recognizes the need to collaborate with local emergency management and first responders to evaluate potential safety hazards unique to data center operations and to determine what emergency response planning and coordination should be required prior to construction".
The order quotes another state law, § 49.650, RSMo., which "authorizes a county to adopt ordinances and resolutions relating to its property, affairs, and local government for which no provision has been made in the constitution or laws of Missouri regarding nuisance abatement and storm water control, excluding agricultural and horticultural property, the promotion of economic development for job creation purposes, and for emergency management when the safety and welfare of the inhabitants of the county are jeopardized."
During the moratorium period, the order says "the County Commission is available and willing to meet with residents, affected property owners, developers, utility providers, consultants, and other stakeholders, to receive and review additional information and proposals, to evaluate available legislative and regulatory options, to negotiate and evaluate proposed development-related agreements or other contractual arrangements, and to consider whether appropriate safeguards may be established through duly adopted regulations, negotiated agreements, or a combination thereof."
As for the possibility of economic incentives, the moratorium order says "the County Commission recognizes that Chapter 100, RSMo., authorizes counties to issue industrial development revenue bonds and to enter into related agreements, including payment-in-lieu-of-tax arrangements, as a tool for promoting economic development, and the County Commission desires during the moratorium period to study and evaluate whether, and on what terms and conditions, such incentives may be appropriate in connection with data center development so as to safeguard the local tax base while promoting stable economic development".
The order quotes another state law, § 192.300, RSMo., which "authorizes a county to make and promulgate orders, ordinances, rules or regulations as will tend to enhance the public health and the prevention of infectious, contagious, communicable, or dangerous diseases, including potential health impacts arising from noise, air emissions from backup generators, and water quality degradation".
Two more state laws are quoted in the order where "the citizens of Nodaway County may consider adoption of county planning and zoning". The order cites "§§ 64.510 to 64.727, RSMo., or alternatively, §§ 64.800 to 64.905, RSMo. in the event that the County Commission determines that it is unable to meet the regulatory needs of Nodaway County with respect to data centers through less-stringent means."
The order quotes state laws "§ 64.510, RSMo., and alternatively § 64.800, RSMo., (which) authorize counties to, after approval by vote of the people of the county, provide for the preparation, adoption, amendment, extension, and carrying out of a county plan for all areas of the county outside the corporate limits of any city, town or village which has adopted a city plan in accordance with the laws of the state" and "§ 64.530, RSMo., and alternatively § 64.800, RSMo., (which) authorizes the County Commission to adopt any plan or create any commission, by ordering the question as to whether or not the county commission shall adopt county planning or zoning submitted to the voters of the county". Another option according to the order is found in state laws "in § 64.510 to 64.550, RSMo., § 64.725, RSMo., (which) authorizes the County Commission to create a temporary county or township planning commission prior to an election to adopt county or township planning and zoning."