Data Center Regulatory Oversight

At a glance

  • What: The City Council's Regulatory Oversight Committee is reviewing what local rules could apply to data centers, in a listening-and-learning phase before any ordinance options are drafted.
  • Where it stands: On November 9 staff presented the existing state and city rules and the City Attorney presented a national survey of data center regulation. No ordinance has been proposed.
  • Next: Committee site visits in Nebraska that week; the November 30 meeting will have presentations on electric power, water, the state Public Utilities Commission process and environmental standards. Written public input is requested by November 27.

Details

Existing rules summarized by Public Works: state law defines a data center by peak demand and requires cost reimbursement to the electric provider and water-supply notice and review; the state Public Utilities Commission regulates transmission line siting, not data centers themselves; city zoning allows data centers in light and heavy industrial districts with set lighting, noise, setback and height rules; water, wastewater and right-of-way permits are reviewed by the city.

Follow-up requests from committee members: the industrial pretreatment questionnaire, examples of what the noise limits sound like, what happened in the Wyoming wastewater incident, whether the city has ever required a performance bond, how requirements could run with the land to a later owner, closer study of rules adopted in Morton County (North Dakota), Maricopa County (Arizona) and the Pennsylvania guidance, a way to require the electric service agreement before a building permit is issued, and low-frequency noise monitoring.

Related: Hyperscale Data Center Moratorium, Sioux Falls Technology Park Data Center Site.

Sources

  • Committee meeting video and agenda for November 9, 2026 (see the meeting page).

Log

2026-11-09 - Regulatory Oversight Committee Meeting

Staff fact sheet on existing rules, City Attorney national overview, open committee discussion with questions for staff, and public input (moratorium, regulatory certainty, noise, water, jobs and tax revenue). No vote on any regulation.