Douglas County, Kansas commissioners held a work session on May 6, 2026, facing public calls for a formal moratorium on battery energy storage systems (BESS) and large data centers. County staff presented research on fire hazards, rural water constraints, and infrastructure gaps. No formal moratorium has been adopted, but planning officials confirmed they will not process applications for these land uses until new zoning regulations are finalized.
Background
As of May 2026, neither battery energy storage systems, data centers, nor digital asset retrieval operations are clearly defined in Douglas County's zoning code, leaving their review and permitting status legally ambiguous. County commissioners initiated a text amendment to address these gaps in July 2024-nearly two years before the May 6 work session.
County Planner Karl Bauer told the Lawrence Journal-World that the county is operating under a "de facto pause," relying on existing regulations that prevent undefined land uses from advancing until the code-writing process concludes. According to Bauer, staff identified that battery energy storage systems, data centers, and digital asset retrieval operations do not align with any existing categories in the county's zoning code. Planning staff recommended that data centers and cryptocurrency mining facilities be allowed in industrial-zoned areas and BESS in districts where other utility-scale uses are permitted, subject in both cases to a conditional use permit from the County Commission.
The proceedings reflect a broader pattern across Kansas. Saline, Sedgwick, and Jackson counties have each adopted formal moratoriums on data centers, according to the Lawrence Journal-World. Sedgwick County has also issued a separate year-long interim development control specifically for BESS. Nationally, localities from Cortlandt, New York, to Carroll County, Georgia, have imposed similar pauses as regulatory frameworks struggle to keep pace with rapid deployment of storage and compute infrastructure.
Details
County staff identified the primary safety concern for BESS as thermal runaway-a rapid, self-sustaining temperature increase that can result in fire-and raised questions about whether rural fire departments have the capacity to respond to large-scale battery incidents. Commissioners directed staff to investigate non-lithium-ion battery alternatives with lower fire risk, examine gaps in state fire code, and assess emergency response models, including those used at industrial facilities in the county.
For data centers and cryptocurrency mining operations, county staff flagged heavy electricity demand and water consumption as the primary infrastructure constraints, noting that water usage alone could exceed the capacity of some rural water systems, potentially requiring major infrastructure upgrades. Commissioner Karen Willey said she struggled to see how unincorporated, rural areas of Douglas County could accommodate large-scale operations given these demands.
Public comment amplified these concerns. Economist Tim Hamilton warned that a large data center could add "at least $50 a month" to residential electric bills and double or triple water costs for local ratepayers. Resident Kincaid Dennett argued that drafting regulations without a formal moratorium amounted to "slow walking into what kind of data centers can be allowed, rather than stating plainly we don't want that here," according to the Lawrence Times.
Commissioner Erica Anderson suggested a moratorium may be appropriate given that a broader zoning diagnostic review-launched in early 2026 in partnership with consulting firm Clarion Associates-is still underway. That review is examining whether existing land use regulations are clear, consistent, and effective, and whether new development aligns with available infrastructure, including roads, fire protection, and emergency services.
Outlook
Commissioners voted to separate BESS rulemaking from the data center and digital asset process. Staff will develop BESS draft regulations first, given their existing connection to solar permitting, while data center and digital asset regulations will await completion of the broader zoning diagnostic review and additional legal guidance. No timeline has been set for when the County Commission will formally consider any of the new regulations. Meanwhile, at least one developer had previously approached the county in 2024 with inquiries about constructing a battery energy storage facility, signaling commercial interest exists even without a formal application.
