Barren County lacks authority to impose data center moratorium, attorney says

Barren County has no countywide zoning system, limiting its ability to regulate large-scale industrial development such as data centers.

Barren County lacks authority to impose data center moratorium, attorney says
Photo by Tingey Injury Law Firm / Unsplash

What to know:

  • Barren County cannot legally impose a moratorium on data center development because it lacks countywide zoning authority.
  • County Attorney Mike Richardson says moratoriums require existing zoning laws, which the county does not have.
  • While Cave City is moving toward a one-year data center moratorium, that authority does not extend to the county level under current law.
  • Kentucky remains without data center regulations.

GLASGOW, Ky. — Barren County cannot legally impose a moratorium on data center development because it does not have countywide zoning authority, according to County Attorney Mike Richardson.

“The County cannot issue moratoriums without legislative backing,” Richardson said.

At the center of the issue is the fact that Barren County does not have countywide planning and zoning regulations, which are typically the legal foundation local governments use to regulate land use, set development rules, or temporarily pause certain types of construction while policies are reviewed.

“Without zoning rules to change, there cannot be a moratorium,” he said.

In Kentucky, moratoriums are generally used by cities and counties that already have zoning authority in place. Those tools allow local governments to temporarily pause permits or approvals for specific types of development while updating land-use regulations.

Cities such as Glasgow, Cave City and Park City operate under zoning ordinances that regulate where and how development can occur within their city limits. That framework gives them legal authority to manage growth in ways the county government does not currently have.

Barren County Attorney Mike Richardson.

This week, Cave City voted to move forward with a one-year moratorium on data center development, a step intended to temporarily halt consideration of such projects while the city evaluates its zoning and development policies.

The measure still requires a second reading before it can take effect.

Data centers, large facilities that house computer servers and data storage systems, have become a growing focus across Kentucky as communities weigh their land use impacts, infrastructure demands and potential economic benefits.

At the state level, Kentucky does not currently have a comprehensive regulatory framework specifically governing data centers.

A recent effort to create statewide protections for utility customers and set guardrails for development was removed from legislation in the final days of the 2026 session, leaving the issue unresolved.

The provisions called for large data center operators to cover infrastructure costs tied to their service demands and adding application fees for new projects, but those measures were removed before passage.

State lawmakers could reintroduce a bill next legislative session that would place an indefinite moratorium on data centers in Kentucky until state regulations are developed, according to WKYU-FM.

Barren County has no countywide zoning system, limiting its ability to regulate large-scale industrial development such as data centers.

The county has previously taken narrower regulatory steps for specific energy-related projects, including merchant electric generating facilities such as solar farms. Those rules apply only to certain types of energy infrastructure and do not extend to broader industrial land use.

Since July 2023, Kentucky law has allowed counties to adopt limited requirements for energy projects, including setback standards, licensing fees and decommissioning plans.

However, those regulations cannot exceed state law, Richardson said.

“Even after that, there is a long road through the Public Service Commission to get approval,” Richardson said. “Data centers are not regulated at all at the state level so the only laws that can have any effect on where a data center goes would be zoning laws.”

Cave City’s moratorium will require two readings before it becomes official. The first reading is scheduled for May 18 at 5 p.m.


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