Cass County Proposed Data Center Zoning Amendment As of 8/6/26

*This is the version that will be discussed at the Cass County Commissioner's meeting on Tuesday, August 11, 2026

Section 8.25 Data Centers 

No data center shall be constructed within the zoning jurisdiction of Cass County unless a Conditional Use Permit (CUP) has been issued - Refer to Article 7. 

Section 8.25.01 Purpose 

The purpose of this section is to regulate the placement and operation of Data Centers in Cass County in a manner that protects public health, safety, and welfare; ensures compatibility with surrounding land uses; preserves critical natural resources; and maintains adequate infrastructure capacity. Data Centers are allowed only by Conditional Use Permit (CUP) in the Industrial (I) Zoning District. 

Section 8.25.02 Definitions 

For the purpose of this section, the following definitions apply: 

ANCILLARY EQUIPMENT shall mean equipment, machinery, and infrastructure that support the continuous operation of a Data Center but are not themselves used for computing or data processing. Ancillary Equipment includes, but is not limited to, electrical distribution systems, transformers, switchgear, generators, uninterruptible power supplies, cooling and ventilation systems (including chillers, cooling towers, and HVAC units), telecommunications and fiber-optic distribution equipment, security systems, and other mechanical or utility components necessary to maintain power, cooling, connectivity, and environmental stability for data center operations. 

DATA CENTER (General) shall mean a facility used to house and operate computer systems and associated equipment such as servers, storage devices, networking equipment, and related technological infrastructure for the purpose of processing, storing, transmitting, or managing electronic data. 

The term "Data Center" includes facilities primarily engaged in high-intensity computational processing, including but not limited to cryptocurrency mining, blockchain validation, and distributed ledger processing, regardless of whether such activities are conducted for third-party customers or for the owner's own account. 

Data Centers typically contain specialized electrical systems, cooling infrastructure, backup power supplies and generators, and support utilities. These facilities are characterized by high energy consumption, high water consumption, low long-term employment density, and continuous operation. 

DATA CENTER CLASSIFICATIONS: 

A. Class I - Edge / Small-scale Data Center 

1. Facility footprint under 25,000 sq. ft. 

2. Maximum electrical load < 5 MW 

3. Limited computing function, often supporting local or regional users. B. Class II - Standard/Mid-Scale Data Center 

1. Facility footprint 25,001-100,000 sq. ft. 

2. Electrical load > 5 MW and < 25 MW 

3. Typical enterprise and colocation centers. 

C. Class III - Hyperscale Data Center 

1. Facility footprint > 100,000 sq. ft. 

2. 

Electrical load > 25 MW 

3. Large-scale facilities serving cloud and AI infrastructure 

Any modification, expansion, or operational change that results in a Data Center exceeding the thresholds of its originally approved classification shall constitute a reclassification to the higher applicable class. 

Upon reclassification, the facility shall be subject to all standards, requirements, and review criteria applicable to the higher classification, and approval of a new or amended Conditional Use Permit shall be required prior to implementation of such change. 

Section 8.25.03 Permitted Location 

A Data Center may be permitted only by Conditional Use Permit in the (I) Industrial zoning district except where exempt under Section 8.25.04. 

Section 8.25.04 Exemption for Small Onsite-Only Data Centers 

The following are exempt from CUP requirements and shall be treated as Accessory Uses: 

A. Criteria for Exemption All of the following must be met: 

1. Size: <5,000 sq. ft. data hall area 

2. Load: <1 MW connected IT load 

3. Purpose: Serves only the onsite principal business 

4. Nonshared: No colocation, cloud hosting, leasing, or computing for offsite entities 

5. No expansion capacity: Facility design must not enable future scaling beyond exemption 

thresholds without full CUP review 

B. Prohibited Features (void exemption) 

1. BESS 

2. Colocation cages 

3. Third-party customer access 

4. Offsite network aggregation nodes 

C. Required Accessory Use Standards 

1. Must comply with noise/emissions limits in Section 8.25.05(D) 

2. Must comply with fire safety requirements in Section 8.25.05(E) 

3. Mechanical equipment must be screened consistent with accessory use standards 

4. A simplified fire & emergency briefing must be provided to emergency services 

Section 8.25.05 Conditional Use Review Criteria 

In addition to the general criteria for Conditional Uses, the following requirements shall apply to all Data Center applications. Approval of a Conditional Use Permit is not guaranteed and shall be granted only upon a determination that all applicable standards of this Section are satisfied. The standards set forth in this Section are intended to be applied reasonably and proportionally to the scale, intensity, and potential impacts of the proposed use, and nothing herein shall be construed to require mitigation or conditions unrelated to an identified and supported impact. All Conditional Use Permit decisions shall be supported by written findings of fact based on the record, demonstrating compliance or non-compliance with the standards of this Section. 

A. Size & Capacity Threshold Requirements 

1. All Data Center applications must identify the facility classification (Class I, II, or III). 

The maximum approved electrical load, expressed in megawatts (MW), shall be expressly stated as a condition of the Conditional Use Permit. 

No Data Center shall operate, test, commission, or otherwise draw electrical load in 

excess of the approved MW limit. Any increase in electrical demand beyond the approved MW limit shall require approval of a new or amended Conditional Use Permit and full compliance with all applicable standards of this Section. 

2. Applications exceeding 25 MW (Class III) shall require: 

a. Third-party engineering review of electrical and cooling demands. 

b. Public utilities verification of long-term system capacity. 

3. Campus style developments must submit a phased megawatt build out plan. 

B. Water Usage & Cooling Restrictions 

1. Water cooled systems must demonstrate: 

a. Annual projected water usage. 

b. Feasibility analysis of recycled or non-potable water. 

C. 

Demonstrated no adverse impact to rural water districts or agricultural users. 

2. Class III facilities using water cooling must: 

a. Incorporate closed loop or hybrid systems where feasible. 

b. Install monitoring for real time water consumption. 

3. Potable water shall not serve as the primary cooling source unless no alternative is 

feasible and the County Board determines no adverse regional impact. 

4. The County may impose annual water usage caps as a CUP condition. 

5. Water usage approvals under this subsection shall be subject to Section 8.25.10 and do 

not constitute confirmation of infrastructure capacity. 

C. Environmental Impact Requirements 

Environmental impacts shall be evaluated using measurable, site-specific criteria, including but not limited to groundwater levels, system capacity, and documented environmental performance standards. 

Applicants shall submit a comprehensive Environmental Impact Report (EIR) as part of the Conditional Use Permit (CUP) application. The EIR shall be prepared by a qualified professional and shall, at minimum, address the following: 

Air emissions, including emissions from backup generators and associated equipment Stormwater runoff, drainage patterns, and impervious surface coverage 

Soil disturbance, grading, and erosion control measures 

Impacts to aquifers, groundwater resources, wetlands, streams, floodplains, and other environmentally sensitive areas 

Impacts shall be evaluated using objective, measurable, and site-specific criteria, including but not limited to groundwater levels, system capacity, environmental performance standards, and documented effects on existing infrastructure and natural resources. 

All EIR analyses shall include: 

Peak operational conditions 

Emergency and backup scenarios 

Full build-out conditions, including all phases of development 

Approval of a Conditional Use Permit shall require a finding that the proposed Data Center will not result in significant adverse environmental impacts, or that such impacts can be avoided or adequately mitigated to the satisfaction of the County. 

The County may deny or condition the application where environmental impacts are determined to be significant and not adequately mitigated. 

1. Approval Standard 

Approval of a Conditional Use Permit shall require a finding that the proposed Data Center: 

1. Will not result in significant adverse environmental impacts, or 

2. That such impacts can be avoided or fully mitigated to the satisfaction of the County 

No permit shall be approved where impacts remain unmitigated. 

2. Measurable Impact Criteria 

Environmental impacts shall be evaluated based on objective, measurable criteria, including but not limited to: 

1. Groundwater levels and aquifer drawdown 

2. Water system capacity and availability 

3. Water quality and contamination risk 

4. Stormwater system capacity and downstream impacts 

5. Air emissions levels and operational frequency of generators 

Impacts that result in documented or reasonably projected degradation of these conditions 

may constitute grounds for denial or additional conditions. 

3. Cumulative Impact Analysis 

The EIR shall evaluate cumulative impacts, including the combined effects of: 1. Existing facilities 

2. Approved but not yet constructed developments 

3. Reasonably foreseeable future development 

Cumulative analysis shall include, but not be limited to: 

1. Regional groundwater withdrawal 

2. Surface water availability 

3. Aggregate stormwater impacts 

4. Air emissions concentration 

4. Protection of Water Resources 

No Data Center shall be approved where projected water withdrawal, discharge, or thermal impacts would: 

Materially reduce groundwater levels 

Impair long-term aquifer sustainability 

Reduce availability of water for existing residential, agricultural, or municipal users Degrade water quality 

Such impacts shall constitute grounds for denial or mandatory mitigation. 

5. Mitigation Authority 

Where environmental impacts are identified, the County may impose conditions including: 

Limits on water usage or withdrawal rates 

Required use of recycled or non-potable water 

Stormwater detention, treatment, and discharge controls 

Air emission controls beyond minimum regulatory standards 

Phasing restrictions tied to demonstrated environmental capacity 

Failure to comply with required mitigation measures shall constitute a violation of the Conditional Use Permit. 

6. Monitoring and Enforcement 

The County may require ongoing monitoring and reporting, including: 

Water use and groundwater levels 

Discharge quality and volume 

Air emissions and generator operations 

Stormwater system performance 

Failure to maintain compliance with approved impact thresholds or conditions: 

Shall constitute a violation of the CUP 

May result in enforcement action, including suspension of operations 

7. Independent Review 

The County may require an independent third-party environmental review, at the applicant's expense, where: 

Water demand is substantial 

Regional environmental impacts are anticipated 

Technical complexity warrants verification 

The County may rely on such analysis in making its determination. 

8. Climate and Resource Analysis (Class III Required) 

Class III Data Centers shall include a Climate and Resource Impact Analysis evaluating: 

Water efficiency and conservation measures 

Energy usage and intensity 

Heat generation and impacts 

Feasible mitigation strategies 

The County may condition approval on the implementation of such measures. 

9. Non-Exclusivity Clause 

Compliance with this subsection is in addition to, and does not replace, requirements under: 

Section 8.25.05(B) (Water Usage & Cooling Restrictions) 

Section 8.25.08 (Electrical Infrastructure Cost Responsibility) Section 8.25.10 (Water Infrastructure Cost Responsibility) 

Approval under those sections shall not constitute approval of environmental impacts. 

D. Noise & Emissions Standards 

1. Noise Limits: 

a. Maximum of 60 dBA at any property line adjacent to non-residential districts. 

b. Maximum of 50 dBA at any residential or agricultural property line. 

c. Emergency generators may exceed limits only during outages and scheduled testing, 

limited to 1 hour per week. 

2. Emissions: 

a. All backup generators must meet applicable EPA Tier requirements. 

b. No visible emissions beyond property lines during normal operation. 

3. Construction Noise and Hours of Operation: 

a. Construction, site preparation, grading, equipment installation, and delivery activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturdays, unless otherwise approved by the County. 

b. No construction activity shall occur on Sundays or legal holidays without prior 

County approval. 

c. Temporary construction noise, including use of generators, compressors, or heavy equipment, shall be conducted in a manner that minimizes impacts to adjacent 

properties. Repeated or prolonged violations may constitute grounds for enforcement action or suspension of construction activity. 

E. Fire Safety & Hazard Mitigation Requirements 

1. All Data Centers must meet NFPA 75 and NFPA 76 (or successor codes) for information 

technology equipment. 

2. Fire suppression must use clean agents or water mist systems suited for IT environments. 

3. A Fire Protection Plan shall be submitted, including: 

a. Emergency response access routes. 

b. Onsite hydrant or water storage requirements. 

c. Hazardous material reporting for diesel fuel or refrigerants. 

4. Battery Energy Storage Systems (BESS) are prohibited as primary or accessory uses. F. Site Design, Screening & Buffers 

1. Setback Minimums: 

a. Front Yard 

0 Standard: 250 feet 

When adjacent to Residential or AG: 500 feet 

b. Side Yard 

Standard: 150 feet 

When adjacent to Residential or AG: 500 feet 

c. Rear Yard 

2. Buffers 

a. 

Standard: 150 feet 

When adjacent to Residential or AG: 500 feet 

Class I & II: Minimum 50-ft. vegetative buffer where adjoining Residential or AG b. Class III: Minimum 150-ft. vegetative buffer where adjoining Residential or AG 

3. Screening: 

a. Mechanical yards, generators, chillers, and switchgear must be screened with opaque 

fencing and evergreen planting to a height of 8 feet minimum, or via earthen berms providing equivalent coverage. 

G. Height Regulations 

1. Maximum Building Height shall be 45 feet. 

2. Height of Ancillary Equipment: 

a. Cooling towers, intake/exhaust stacks, and rooftop mechanical units may exceed building height by up to 15 feet, provided they are screened or architecturally integrated, and noise and emissions limits in Section 8.25.05(D) are met. 

3. Exemption for Fire Safety Structures: 

a. Fire-suppression system risers, standpipes, and required firefighter access structures 

may exceed height limits by 5 feet. 

H. Traffic & Infrastructure 

1. Applicants shall provide a traffic assessment describing construction and operational 

traffic. 

2. Access roads must support emergency vehicles and heavy equipment. 

3. Utility providers shall certify electric and fiber capacity. 

I. Road Use and Damage Responsibility 

Prior to commencement of any site preparation, construction, equipment delivery, or decommissioning activity, the applicant shall submit a Road Use and Condition Assessment identifying all public roads proposed to be used for construction, heavy haul, or equipment transport, subject to approval by the County Engineer. 

The applicant shall be responsible for all damage to public roads, bridges, culverts, drainage structures, shoulders, and rights-of-way caused by project-related activities, including delivery of generators, transformers, mechanical equipment, or fuel systems. 

The County may require the applicant to provide financial assurance, in a form acceptable to the County, sufficient to cover the cost of repair or reconstruction of affected roadways. All required roadway repairs shall be completed at the applicant's sole expense and to County standards. Failure to repair roadway damage shall constitute a violation of the Conditional Use Permit. 

J. Emergency Services Training & Equipment Requirements 

1. Emergency Response Coordination 

Prior to issuance of a Building Permit, the applicant shall coordinate with the Cass County Emergency Management Agency and the local Fire & Rescue Department having jurisdiction to identify emergency service needs specific to the Data Center's 

classification (Class I, II, or III). 

This coordination shall include onsite walkthroughs, system briefings, and review of site access and shut off procedures. 

2. Emergency Services Training Program 

a. The applicant shall develop and fund a Data Center Specific Training Plan for all 

responding emergency agencies. 

b. Training shall include, at minimum: 

Fire suppression systems and clean agent operation 

. Server room hazard awareness (high heat, electrical arc flash risks) 

Generator and fuel system hazards 

Cooling systems, including any water or refrigerant based risks 

Emergency power down procedures and access controls 

Evacuation and rescue protocols for confined or high heat environments 

c. Initial training must be completed prior to commencement of operations. d. Refresher training must occur annually and after any major system upgrade. 

3. Required Emergency Equipment Support 

The applicant shall provide, at minimum: 

a. Site specific emergency equipment lists, including PPE recommendations for high 

voltage environments. 

b. Onsite emergency reference materials, including: 

i. Facility schematics 

ii. 

Generator and fuel system maps 

iii. Hazardous materials inventory (e.g., refrigerants, diesel, fire suppression agents) 

iv. Locations of fire suppression zones and control panels 

c. Financial or in-kind support for specialized equipment needed by local responders if 

determined necessary during the CUP review process, which may include: 

i. High voltage arc flash protective gear 

ii. Thermal imaging cameras 

iii. Additional SCBA units for extended operations 

iv. Spill response kits for generator fuel systems 

4. Emergency Access & Operations Requirements 

a. All facilities must maintain 24/7 emergency responder access, including secure but 

rapid entry methods approved by the Fire Chief (e.g., Knox Box systems, electronic responder credentials). 

b. Drive lanes shall be designed for full turnaround capability for fire apparatus. 

c. Hydrants, fire department connections (FDCs), and suppression agent valves must be: 

i. Clearly marked 

ii. Illuminated or locatable under low visibility conditions 

iii. Maintained free of snow, obstruction, or vegetation 

5. Emergency Drills 

a. Full facility emergency drills shall be conducted at least once per year in coordination 

with local Fire & Rescue, EMS, and Emergency Management. 

b. Drills shall test: 

i. Fire suppression activation and response 

ii. Facility evacuation 

iii. Communication systems 

iv. Generator failure or power down procedures 

c. After each drill, the operator shall produce a Corrective Action Report documenting 

findings and improvements. 

6. Documentation & Compliance 

a. All training, equipment documentation, and drill records must be maintained onsite 

and made available to emergency services upon request. 

b. Failure to provide required training or equipment constitutes a violation of the 

Conditional Use Permit and may result in suspension of occupancy until compliance is achieved. 

K. Preservation of Fee and Cost Recovery Authority 

Nothing in this Section shall be construed to limit or waive the County's authority to impose impact fees, inspection fees, permit fees, cost recovery charges, or other lawful assessments authorized under applicable state or local law. 

Compliance with this Section shall not substitute for, offset, or eliminate any fee or charge otherwise applicable to development within the County. 

L. Decision and Findings Requirement 

All Conditional Use Permit decisions under this Section shall be supported by written findings of fact based on the record. 

Such findings shall include: 

Whether the application complies with all applicable standards of this Section 

Whether sufficient infrastructure capacity exists to support the use 

Whether environmental impacts satisfy the requirements of Section 8.25.05 

Whether any identified impacts have been adequately mitigated 

Denial or approval with conditions shall be based on substantial evidence demonstrating compliance or non-compliance with these standards. 

Section 8.25.06 Application Requirements 

Each CUP request shall include: 

A. Site Plan with building layout, utilities, equipment yards, and screening. 

B. Facility Classification Statement (Class I-III). 

C. Electrical Demand Report (MW) and build out schedule. 

D. Cooling Method & Water Usage Study. 

E. Environmental Impact Report. 

F. Noise & Emissions Report. 

G. Fire Protection & Emergency Response Plan. 

H. Security Plan 

I. Proof of Compliance with all state and federal codes. 

Section 8.25.07 Decommissioning Requirements 

A. Purpose 

The purpose of this section is to ensure that Data Centers are responsibly decommissioned when operations permanently cease, that sites are restored to a safe and stable condition, and that abandoned infrastructure does not pose hazards to public health, safety, or the 

environment. 

B. Triggering Events 

A Data Center shall be considered subject to decommissioning if any of the following occur: 1. Continuous non-operation for 12 Months: 

The facility has ceased active data processing for twelve (12) consecutive months. 

2. Formal Notice: 

The owner submits written notice of permanent cessation of operations. 

3. Bankruptcy or Ownership Abandonment: 

A court or County determination that the facility has been abandoned. 

C. Decommissioning Plan Requirement 

A Decommissioning Plan shall be submitted as part of the Conditional Use Permit (CUP) application and shall include: 

1. Description of Decommissioning Activities: 

a. Removal of servers, racks, internal IT equipment 

b. Removal of generators, cooling systems, transformers, and ancillary equipment 

c. Removal of above grade structures unless repurposed with County approval 

2. Infrastructure Removal: 

a. Removal of concrete pads, foundations, and support structures to a depth of 36 inches b. Removal of utility lines, conduits, and fiber runs not required by utility providers 

c. Safe disconnection and capping of all electrical, water, and telecom connections 

3. Environmental Restoration: 

a. 

Restoration of disturbed soils, grading, and drainage flow patterns 

b. Stabilization with native vegetation 

c. Remediation of any contamination from fuel, coolant, refrigerants, or hazardous 

materials 

4. Traffic & Roadway Conditions: Repair of any offsite roadway damage caused by 

decommissioning activities 

5. Projected Timeline: All decommissioning activity shall be completed within 12 months of 

triggering event unless extended by the County Board for good cause. 

D. Financial Assurance 

To ensure proper decommissioning, the applicant shall provide financial security in a form acceptable to the County, such as: 

1. Performance Bond 

2. Irrevocable Letter of Credit 

3. Escrow Account 

Minimum financial assurance amount shall be updated every five (5) years based on inflation and any facility expansions. 

Financial assurance may not be released until the County verifies substantial completion of all decommissioning activities. 

E. Reuse or Repurposing Option 

The County Board may approve a Decommissioning Waiver if a new CUP or permitted use is approved that: 

1. Repurposes the existing buildings and infrastructure, and 

2. Does not create environmental, safety, or nuisance impacts inconsistent with this Article. F. Responsibility for Costs 

The facility owner, or if different, the property owner, is jointly and severally responsible for all decommissioning costs. The County shall bear no cost for demolition, removal, remediation, or site restoration. 

G. County Enforcement 

If the owner fails to begin or complete decommissioning: 

1. The County may draw on the financial assurance to complete the work. 

2. The County may pursue additional remedies, including liens or legal enforcement. H. Post Decommissioning Certification 

Upon completion, the owner must submit: 

1. Engineer sealed confirmation of structural and utility removal 

2. Environmental clearance report confirming no remaining contamination 

3. As-built restoration plan showing final grades and stabilization measures 

County inspection and final sign off are required before financial assurance is released. 

Section 8.25.08 Infrastructure Cost Responsibility for Electrical Service 

A. Purpose 

To ensure that the development and operation of Data Centers do not result in increased utility rates, surcharges, or infrastructure burdens on Cass County residents, rural water customers, or other ratepayers. This section requires Data Center applicants to fully fund all infrastructure necessary to provide adequate and reliable electrical service to the facility. B. Onsite Power Generation Prohibited 

Except as expressly permitted for emergency backup purposes, no Data Center shall install or operate onsite power generation facilities intended to provide primary, continuous, or non-emergency electrical service. All normal and operational electrical demand shall be served exclusively by a public electric utility authorized to operate within Cass County. C. Emergency Backup Power 

Standby generators solely for emergency life-safety, fire protection, testing, and temporary outage response may be permitted, provided such generators are not used for peak shaving, load management, grid export, or routine operational power, and comply with all applicable noise, emissions, and safety standards. 

D. Applicant Responsibility for Electrical Infrastructure Costs 

1. Full Cost Obligation 

The applicant shall pay 100% of all costs associated with electrical infrastructure improvements required to serve the Data Center, including but not limited to: 

a. Substations or substation upgrades 

b. Transmission or distribution line extensions or enlargements 

c. Poles, transformers, switchgear, and relay systems 

d. Protective devices or system upgrades required for grid stability 

Redundant or looped service lines required by the facility's MW load 

f. Undergrounding of lines where required by the County or utility 

All infrastructure improvements required in whole or in part to serve the Data Center, including improvements that provide incidental, secondary, or system-wide benefits, shall 

be deemed project-specific and shall be funded solely by the applicant. 

2. Infrastructure Cost Responsibility 

The applicant shall be responsible for funding all project-specific electrical infrastructure improvements required to serve the Data Center, including any transmission, distribution, substation, interconnection, or related facilities determined necessary by the serving 

utility provider. 

The applicant shall provide written documentation from the serving utility identifying: a. The electrical infrastructure required to serve the project; 

b. The party responsible for funding such infrastructure; 

c. Any agreements or arrangements regarding construction, ownership, operation, or 

maintenance of such infrastructure; and 

d. Any conditions or requirements imposed by the utility in accordance with applicable 

law. 

The County shall require written verification from the utility that the project's infrastructure costs will not increase rates for residential, commercial, agricultural, or industrial customers. 

Nothing in this Section shall be construed to regulate utility rates, rate-making authority, cost-recovery mechanisms, or matters within the jurisdiction of the utility provider, the Nebraska Power Review Board, or other state regulatory authority. 

E. Utility Coordination & Verification Requirements 

The applicant shall provide written verification from the applicable electric utility provider(s), in a form acceptable to the County, confirming the following: 

1. The anticipated electrical load (MW) of the facility, including full build-out conditions 2. All transmission, distribution, and substation improvements required to serve the facility 3. That all project-specific infrastructure costs will be borne solely by the applicant 

4. The applicant shall provide documentation identifying the proposed allocation of project- 

related infrastructure costs and the party responsible for those costs. 

5. A timeline for construction, energization, and service availability 

Such verification shall be signed by an authorized representative of the utility or provider and shall constitute a formal and binding commitment for purposes of Conditional Use Permit approval and infrastructure planning, and shall not be based on preliminary, conceptual, or non-binding estimates. 

The County may rely on such written verification in making its determination and shall not be responsible for independent validation of utility system representations. 

If the utility revises its determination of load, capacity, required infrastructure, or cost allocation at any time, the applicant shall be responsible for all resulting additional requirements and costs. 

All infrastructure requirements, capacity determinations, and cost obligations shall be based on the maximum approved buildout of the facility, regardless of phasing, sequencing, or timing of construction. 

No phase, segment, or interim operation shall be evaluated independently in a manner that reduces or defers required infrastructure or associated costs necessary to support full buildout conditions. 

F. Construction and Ownership of Utility Improvements 

1. Improvements may be constructed by: 

a. The utility provider, 

b. A certified contractor authorized by the utility, or 

c. The applicant under utility supervision. 

2. Ownership of completed electrical infrastructure shall be transferred to the utility provider unless otherwise agreed in writing between the utility and the applicant. 

G. Financial Assurance for Infrastructure Construction 

1. The applicant shall provide financial security sufficient to cover 125% of project specific 

electrical infrastructure costs. 

2. Financial assurance may include: 

3. 

Performance bond 

Irrevocable letter of credit 

Escrow account 

The County may call upon financial assurance if the applicant fails to deliver required infrastructure before facility energization. 

H. Prohibition of Facility Operation Prior to Completion of Infrastructure 

No Data Center may commence operation, load testing, equipment commissioning, or ramp up until all required electrical improvements: 

1. Are constructed, 

2. Are energized, 

3. Have passed utility inspections, and 

4. Have been verified by the County as fully funded by the applicant. 

Phased or partial infrastructure completion shall not satisfy this requirement unless full capacity to meet approved demand is available without reliance on temporary, interim, or emergency measures. 

I. Ongoing Capacity Expansion Responsibility 

If the facility expands or increases electrical demand beyond the original MW approval: 1. The applicant must pay for all additional electrical infrastructure upgrades triggered by 

the increased load. 

2. No load increase may occur until utility and County approval is obtained. Impacts shall include, but not be limited to, measurable reductions in electrical system capacity, reliability, load-serving capability, or infrastructure performance, as documented by the utility or a qualified professional engineer retained by the utility or the County. 

J. No Vested Right 

Approval of a Conditional Use Permit or electrical demand allocation shall not create a vested right to continued service levels or system capacity. 

Ongoing compliance with this Section shall be a continuing condition of operation, and the County's authority to enforce, modify, or impose additional requirements shall not be limited by prior approvals. 

Section 8.25.09 Infrastructure Cost Responsibility for Water Service 

A. Purpose 

The purpose of this Section is to ensure that the development and operation of Data Centers do not result in increased water rates, diminished service reliability, reduced system capacity, or adverse impacts to existing residential, agricultural, municipal, or industrial water users within Cass County. 

This Section further ensures that all infrastructure required to support Data Center water demand is funded solely by the applicant and that the County retains continuing authority to protect public health, safety, welfare, and water resources. 

B. Applicability and Baseline Determination 

Water demand, cooling system design, water source selection, and operational characteristics approved pursuant to Section 8.25.05 (Water Usage & Cooling Restrictions) shall establish the baseline for determining required infrastructure capacity and improvements under this Section. 

All determinations shall be based on: 

Maximum projected annual usage 

Peak daily and peak hourly demand 

Emergency and backup operating conditions 

Full buildout conditions, including all phased expansions 

1. Full Buildout Standard. All infrastructure requirements, capacity determinations, and 

cost obligations shall be based on the maximum approved buildout of the facility, regardless of phasing, sequencing, or timing of construction. 

2. Anti-Phasing Requirement. No phase, segment, or interim operation shall be evaluated independently in a manner that reduces or defers required infrastructure or associated costs necessary to support full buildout conditions. 

3. Applicability to All Water Sources. This Section shall apply to all water sources used directly or indirectly to support Data Center operations, including municipal systems, rural water districts, groundwater wells, surface water withdrawals, and any private or alternative supply. 

Use of alternative or private water sources shall not exempt the applicant from any requirement of this Section, including infrastructure obligations, impact mitigation, or County oversight. 

C. Full Cost Responsibility 

The applicant shall be responsible for one hundred percent (100%) of all water infrastructure costs required to serve the Data Center, including but not limited to: 

1. Transmission and distribution lines 

2. Pumping stations and booster facilities 

3. Storage tanks, reservoirs, and pressure systems 

4. Treatment or pretreatment systems 

5. Metering, monitoring, and control systems 

6. Fire flow and suppression-related infrastructure 

7. Redundant or backup supply systems 

8. Upgrades required to maintain service levels for existing users 

All infrastructure improvements required in whole or in part to serve the Data Center, including improvements that provide incidental, secondary, or system-wide benefits, shall be deemed project-specific and shall be funded solely by the applicant. 

No public funding or ratepayer-supported funding mechanism shall be used, directly or indirectly, to subsidize such infrastructure. 

D. Prohibition on Cost Transfer 

No cost associated with water infrastructure improvements required for the Data Center shall be allocated to other users. 

Prohibited cost transfers include: 

1. General rate increases 

2. Capital improvement surcharges 

3. System development charges imposed on existing users 

4. Special assessments or district-wide allocations 

5. Cost-sharing arrangements not fully reimbursed by the applicant 

Compliance shall be verified in writing by the applicable water provider(s). 

This prohibition shall apply to all present and future ratemaking, cost recovery, or regulatory proceedings. No infrastructure cost associated in whole or in part with the Data Center shall be recoverable from any other customer class at any time. 

E. Provider Verification and Infrastructure Commitment 

The applicant shall provide written verification from all applicable water providers, including municipal systems, rural water districts, or private providers, in a form acceptable to the County, confirming the following: 

1. The anticipated water demand of the facility, including maximum annual usage, peak 

demand, and full build-out conditions 

2. Existing system capacity and available surplus capacity 

3. All infrastructure improvements required to serve the facility, including transmission, 

distribution, storage, pumping, and treatment systems 

4. That all project-specific infrastructure costs will be borne solely by the applicant 5. That no costs will be allocated to or recovered from other ratepayers through rates, 

surcharges, special assessments, or cost-sharing mechanisms 

6. A timeline for construction and service availability 

Such verification shall be signed by an authorized representative of the utility or provider and shall constitute a formal and binding commitment for purposes of Conditional Use Permit approval and infrastructure planning, and shall not be based on preliminary, conceptual, or non-binding estimates. 

The County may rely on such written verification in making its determination and shall not be responsible for independent validation of provider system representations. 

If any provider revises its determination of capacity, required infrastructure, or cost allocation at any time, the applicant shall be responsible for all resulting additional requirements and 

costs. 

The County may require an independent third-party engineering analysis, at the applicant's expense, where water demand is substantial or may affect regional supply. 

F. Construction, Ownership, and Acceptance 

Water infrastructure improvements shall: 

1. Be constructed by the provider, an approved contractor, or the applicant under provider 

supervision 

2. Be inspected and approved by the water provider prior to operation 

Ownership shall transfer to the provider unless otherwise agreed in writing. 

G. Financial Assurance 

The applicant shall provide financial assurance in an amount not less than one hundred twenty-five percent (125%) of the total estimated infrastructure cost. 

Financial assurance shall: 

1. Be maintained until construction is complete 

2. Ensure completion of all required improvements 

3. Be callable by the County if obligations are not met 

H. Prohibition on Operation Prior to Infrastructure Completion 

No Data Center shall commence operation, including cooling system activation, testing, or commissioning, until all required water infrastructure: 

1. Is fully constructed 

2. Is operational 

3. Has passed all required inspections 

4. Has been verified by the County as fully funded by the applicant 

Phased or partial infrastructure completion shall not satisfy this requirement unless full capacity to meet approved demand is available without reliance on temporary, interim, or emergency measures. 

I. Ongoing Responsibility and Expansion 

Any increase in water usage beyond approved levels under Section 8.25.05 shall require: 1. Prior County approval 

2. Updated capacity verification 

3. Full funding of any additional infrastructure 

4. No increase shall occur until compliance is achieved. 

J. Protection of Existing Users and System Integrity 

Data Center water usage shall not: 

1. Reduce system pressure below acceptable levels 

2. Impair fire flow capacity 

3. Reduce availability for existing residential, agricultural, or municipal users 

4. Compromise system reliability 

Impacts shall include, but not be limited to, measurable reductions in system pressure, flow, storage levels, service reliability, or water availability, as documented by the applicable 

provider or a qualified professional engineer. 

K. No Vested Right 

Approval of a Conditional Use Permit, water usage level, or cooling system shall not create a vested right to continued water usage. 

Ongoing compliance with this Section shall be a continuing condition of operation, and the County's authority to enforce, modify, or impose additional requirements shall not be limited by prior approvals. 

The County retains continuing authority to impose additional conditions or requirements necessary to protect public health, safety, welfare, infrastructure capacity, and water 

resources. 

Section 8.25.10 Security Requirements 

A. Purpose 

The purpose of this section is to ensure that Data Centers maintain adequate physical, technological, and operational security measures to protect critical infrastructure, prevent unauthorized access, reduce risk to the public, and ensure safe and secure facility operation consistent with the high-value and continuous operation nature of these uses. 

B. Minimum Physical Security Standards 

1. Perimeter Security Fencing 

a. All Data Centers shall install a minimum 8-foot-tall perimeter security fence 

constructed of materials designed to prevent climbing or breaching. 

b. Barbed wire or razor wire may be permitted only in accordance with County 

regulations and applicable state law. 

c. Fencing must fully enclose all operational and mechanical areas, including 

generators, cooling equipment, and loading zones. 

2. Access Control Points 

a. All vehicle and pedestrian access points shall be controlled with card readers, 

keypads, biometric systems, or equivalent high security mechanisms. 

b. Visitor access shall be strictly managed through a credentialing system. 

All access control systems must support emergency service override access, such as an approved Knox Box or electronic authorization. 

3. Lighting Requirements 

a. Security lighting must be provided around the building perimeter, access points, and 

mechanical yards. 

b. Lighting shall comply with dark sky and light trespass standards of the County. c. Backup lighting shall be provided to remain functional during power outages. 

C. Surveillance & Monitoring Requirements 

1. Video Surveillance System 

a. Continuous 24/7 high resolution video surveillance must cover: 

All site entrances and exits 

• Parking and loading areas 

Mechanical yards 

Critical electrical and cooling infrastructure 

b. Recorded video shall be retained for a minimum of 90 days. 

C. 

Surveillance systems must be designed to ensure visibility under low light or nighttime conditions. 

2. Onsite or Remote Security Monitoring 

Facilities shall maintain continuous security monitoring, either onsite or through a 

dedicated offsite monitoring center. 

b. Monitoring shall provide immediate notification to facility operators and emergency 

responders in the event of unauthorized access or system alerts. 

D. Cyber-Physical Security Measures 

1. All network access points, building control systems (including HVAC, fire, and access 

control), and SCADA (Supervisory Control and Data Acquisition) type systems shall be secured against unauthorized access through industry standard security protocols. 

2. Remote access to facility control systems shall require multifactor authentication. 3. Backup power systems, cooling controls, and emergency shutdown procedures must be 

protected from cybersecurity vulnerabilities. 

E. Security Staffing Requirements 

1. Each Data Center must maintain sufficient onsite or contracted security personnel to 

monitor and respond to incidents. 

2. Security personnel must be trained in: 

Emergency shutdown procedures Initial fire response protocols 

Access control system operation 

Site evacuation procedures 

3. Security personnel shall coordinate with local law enforcement on incident reporting 

protocols. 

F. Security Plan Submission Requirements 

As part of the CUP application, applicants must submit a Security Plan containing: 

1. Perimeter security layout, fencing materials, and access gate locations. 

2. Surveillance system specifications, including camera placement and retention policies. 

3. Access control technology and visitor management procedures. 

4. Cyber-physical security measures to safeguard building systems and critical operations. 

5. Security staffing plan, site patrol schedules (if applicable), and incident response 

procedures. 

6. Emergency responder access features, including maps, credentials, and override 

mechanisms. 

G. Security Plan Updates & Compliance 

1. Any significant change to the facility layout, infrastructure, or operations requires an 

updated Security Plan submission to the Zoning Administrator. 

2. The County may require third-party security review for Class III (Hyperscale) Data 

Centers or facilities of regional significance. 

3. Failure to maintain required security measures constitutes a violation of the Conditional 

Use Permit and may result in enforcement actions, including suspension of operational approvals.