Concerned Neighbors for Data Center Transparency
An update on the Butler County data center regulations, following the October 6 County Commission meeting.
Thank you for your interest and staying informed. There is a lot of information here, and we have tried to organize it so it is easy to read and understand.
The Butler County Commission met on October 6 at 9:00 a.m. We took the recording of that meeting (available here), created a transcript, and prepared a digestible debrief in three documents, included on this page.
We want to be clear that we are not “anti–data center.” As Justin Smith said during citizen comments at the meeting, “we can’t stop progress, nor do we want to.” We do need proper regulations in place to protect our homes, our community and our neighbors.
Below is a brief overview of where things stand.
Stay informed
Sign up for regular updates and information. Scan the code with your phone camera, or use this link. Please share it with your neighbors.
The overview
The County Commission took public comment and voted 5–0 to table the data center regulations until Tuesday, October 27. That is the next meeting to attend.
By consensus they plan to:
Commissioner Jackson asked to remove the largest class entirely. Others preferred case-by-case review. No decision yet.
Staff said some gaps “can be resolved in the permit conditions.” We believe they belong in the regulations themselves:
Data centers are kept out of the Flint Hills eco region but allowed, with a permit, in the growth area around Andover, Augusta, Rose Hill and Douglass — about 30,000 people, or 44% of the county, and another 83,000 people just across the line in East Wichita.
If data centers are good neighbors, why does the prairie need protection from them? And if they aren’t, why are they allowed near our homes?
Every one raised concerns. At least five asked for a pause, and several thanked Commissioner Jackson for visiting data centers in person.
What you can do
Attend the County Commission meeting on Tuesday, October 27, read the three documents below for detail, and sign up for updates using the QR code above.
The full debrief
Parts 1 and 2 were prepared from an automated meeting transcript. Names and figures should be checked against the county’s official minutes.
Concerned Neighbors for Data Center Transparency · October 11, 2026
Butler County Board of County Commissioners · Data Center Regulations (Resolution 2640) · October 6, 2026
Prepared from an automated meeting transcript. Names and figures should be checked against the county’s official minutes.
| Date | Event |
|---|---|
| June 23 | First joint work session (Planning Commission and County Commission) |
| July 7 | Public meeting for comment |
| July 21 | Second joint work session |
| Aug 4 | Planning Commission public hearing; tabled to Aug 18 |
| Aug 18 | Tabled again to Sept 1 |
| Sept 1 | Planning Commission adopted Resolution PC 26.2 by a 4–3 vote (as read into the record) |
The regulations run 38 pages and require at least 19 studies or plans. The full record, including all public comments, is on the county’s Data Centers page: bucoks.gov/972/Data-Centers
Water and environment. Bans private wells and direct creek or river withdrawals. Prefers closed-loop cooling (unclear if this is required and if not, what would be allowed). Requires stormwater controls, annual water reporting and funded restoration. Not required: a water cap or water metering.
Oversight. Waivers now require a board vote with written findings, not staff approval. Inspections changed from “may” to “shall.” Mailed notice reaches 1,000 feet.
Where and how big. Data centers need a Conditional Use Permit. They are excluded from the Flint Hills eco region and from land outside the Urban Growth Area.
| Class | Setback to a home | Property-line setback | Height |
|---|---|---|---|
| Enterprise / Edge / Modular | 75 ft | 35–50 ft | 35 ft |
| Hyperscale / Co-location | 1,000 ft | 250 ft | 60 ft |
Noise. Limits were lowered 5 dB to 55 dB(A) / 60 dB(C) at night and 60 / 65 by day. Measurement at nearby homes is now required. Not included: livestock as noise-sensitive, a penalty for tonal hum, or continuous monitoring.
Economics. A fiscal impact statement is required. A permit grants no tax incentive. Decommissioning money is updated every 3–5 years, not annually. Megawatt ranges were dropped from the classification table.
| Issue | Discussion | Status |
|---|---|---|
| CUP expansion loophole (p. 98) | Draft let operators expand capacity 5%, footprint 10%, fuel storage 15% and generators 10% without board approval | Consensus to remove Any change returns to the board |
| Tax incentives (p. 84) | Draft said incentives must be applied for, not that they are barred | Consensus State that the county gives no abatements or exemptions |
| Setback for smaller classes | 75 ft called “way too close” | Leaning Toward 500 ft from homes |
| Acreage error (pp. 69, 104) | Enterprise listed as 10–20 acres in one place, 2–10 in another | Fix agreed |
| “Project area” wording (p. 86) | Should read “development area” | Fix agreed |
| “Modular” in Edge/Micro | Strike from classification table | Consensus |
| AG-40 / AG-80 lots (p. 71) | Clarify rules for older lots under 40 acres | Clarification requested |
| Hyperscale | Commissioner Jackson: “I just don’t see how a hyperscale is gonna fit Butler County” | No consensus |
See Key Issues for clarity on the sizes of data centers. We have concerns beyond just hyperscale data centers.
Stay informed
Sign up for regular updates and information. Scan the code with your phone camera, or use this link. Please share it with your neighbors.
Concerned Neighbors for Data Center Transparency · October 11, 2026
Butler County Board of County Commissioners · Data Center Regulations · October 6, 2026
Prepared from an automated meeting transcript. Speaker names may be misspelled; please check against the county’s official minutes.
Hyperscale doesn’t belong here. “Hyperscale data centers do not fit into the rural character of Butler County whatsoever.” Residents noted that homes in the growth area are limited to 35 feet tall, while large data centers may reach 60 feet tall. (See definitions of size of Data Centers)
Openness about projects. One resident read from a May 12 email in which an energy developer described a 1 GW project in Butler County and 1.2 GW in El Dorado. Residents also said some industry submissions were added to the record after the public hearing closed. Several asked the Commission to be more open about what may be coming.
Setbacks. A local home builder called 75 feet “egregious… ridiculous… farcical” — “residential-level setbacks for industrial-scale facilities.” Speakers pointed to other rules: Ellis County wind turbines at 2,000 feet; up to 2,000 feet in Douglas County. Another asked that mailed notice reach well beyond 1,000 feet, since effects can carry miles.
Noise. Speakers noted the draft allows 55 dB(A) and 60 dB(C) at night (p. 90), above what many communities allow, and cited WHO research linking night noise to health risks. One resident said her rural night is about 30 dB. Others asked for limits on generator testing and on how many generators can run at once, and for a cap of no more than 3 dB above existing background noise. A resident shared that a family living four miles from Meta’s Kansas City data center has watched neighbors move away over light and noise.
Enforcement and process. Residents asked:
Taxes and utility costs. Residents opposed any tax abatements. One raised concern that industrial revenue bonds could exempt property taxes for up to 40 years. Others asked that data centers, not ratepayers, pay for any utility upgrades.
Moratorium. At least five speakers asked for a pause of 5–10 years, citing limited long-term health research, technology moving toward smaller facilities, and water scarcity. Several pointed to El Dorado’s ballot measure in November.
Cases cited from elsewhere. QTS (Cedar Rapids, IA) fined $20,000 for unpermitted drilling; a New Jersey developer fined $1.7 million for 62 unpermitted gas generators; xAI sued by Southaven, MS residents over noise and turbines; Amazon’s $20.5 million settlement over water contamination in Oregon.
| # | Speaker | From | Main point |
|---|---|---|---|
| 1 | Amy Gardner | Butler County | Hyperscale doesn’t fit; need long-term safety studies |
| 2 | Annette Price | — | Noise; who pays for utilities? |
| 3 | Sarah Hinshaw | — | Industry changes; enforcement; 24-month permits; 3 dB cap |
| 4 | Megan Wright | Butler County | Energy developer email; record submissions |
| 5 | Crystal | Towanda | Transparency |
| 6 | (name not captured) | — | Data centers should pay for utility upgrades |
| 7 | Sarah Hagerst | Rose Hill | Openness; 10-year moratorium |
| 8 | Jennifer Harder | Rural Towanda | Meta Kansas City neighbors moving away |
| 9 | Deborah Hill | Andover | Tax exemption risk; moratorium |
| 10 | Justin Smith | Andover | 75-ft setbacks; noise |
| 11 | Julie Winslow | Rose Hill | No abatements; reuse of sites after closing |
| 12 | Erin Smith | Andover | Night noise and health; low-frequency hum |
| 13 | (name not captured) | — | Enforcement cases; half-mile setback |
| 14 | Christy Bauman | Butler County | Technology shifting; moratorium |
| 15 | LaDonna Johnson | — | Hyperscale; where each commissioner stands |
| 16 | Nancy Herring | Rose Hill | Height; wider notice; generators; light |
| 17 | Nicholas Tong | El Dorado | Water scarcity; moratorium |
| 18 | Danica Dixon | El Dorado | Transparency |
Stay informed
Sign up for regular updates and information. Scan the code with your phone camera, or use this link. Please share it with your neighbors.
Concerned Neighbors for Data Center Transparency · October 11, 2026
This document looks at some of the key issues in the current regulations, as well as bringing some additional research and data for the benefit of everyone involved.
01
The draft keeps data centers out of the Flint Hills and most rural county land. It leaves them eligible, with a Conditional Use Permit, inside the Urban Growth Area of southwest Butler County, around the county’s largest towns.
| Town (2020 census) | Population |
|---|---|
| Andover | 14,899 |
| Augusta | 9,251 |
| Rose Hill | 4,187 |
| Douglass | 1,552 |
| Total | About 29,900, or 44% of Butler County’s 67,376 |
These numbers do not include the homes impacted in the Wichita area, which are estimated at another 83,000 people just across the line in East Wichita.
Source: CityPopulation.de, Butler County (2020 census)
The draft bans data centers outright from the Flint Hills ecoregion, roughly the eastern two-thirds of Butler County (about 600,000 acres, estimated from the county’s exclusion map). The county’s comprehensive plan now says it will “protect the Flint Hills ecoregion from large-scale industrial and commercial projects,” and Kansas has long protected the tallgrass prairie for its wildlife, ranching and tourism.
Those are good reasons. But the same draft sends data centers to the growth area around Andover, Augusta, Rose Hill and Douglass, home to about 30,000 people, and allows smaller ones 75 feet from a house.
02
Sizes are from the September 1 draft. Setbacks and heights are as county staff read them into the record on October 6. The September 1 draft listed 72 feet for the larger classes; staff read 60 feet.
| Class | Building size | Site size | Setback to a home | Height |
|---|---|---|---|---|
| Hyperscale | 100,000+ sq ft | 40–640 acres | 1,000 ft (250 ft to property line) | 60 ft |
| Co-location | 20,000–100,000 sq ft | 20–40 acres | 1,000 ft (250 ft to property line) | 60 ft |
| Enterprise | 10,000–20,000 sq ft | 10 to under 20 acres | 75 ft | 35 ft |
| Edge / Micro | 5,000–20,000 sq ft | under 10 acres | 75 ft | 35 ft |
| Modular / Container | under 5,000 sq ft | under 5 acres | 75 ft | 35 ft |
For scale: a football field with end zones is 57,600 sq ft, about 1.3 acres. 100,000 sq ft is about 1¾ football fields. 40 acres is about 30 football fields. 640 acres is one full square mile, about 485 football fields. And 60 feet is estimated as a 5–6 story building.
03
In short
Problems are documented at 600 feet. The draft allows 75 feet for smaller classes and 1,000 feet for the largest.
04
How loud is 55 here?
Every 10 dB sounds about twice as loud. City of Cupertino So 55 dB against a 30–40 dB rural night would sound roughly three to six times louder than our nights do now.
05
06
07
Residents in other towns have pushed back on data centers near their homes. Each effort stopped a specific project, but the developers moved on or the fight is still pending.
What this means for Butler County
Pushback can stop a site, but projects move to the nearest place with weaker rules. Lasting protection comes from strong regulations, which is why the county’s rules matter so much.
Stay informed
Sign up for regular updates and information. Scan the code with your phone camera, or use this link. Please share it with your neighbors.
Butler County, Kansas · Section 20 Data Center Regulations
The county is finishing the rulebook for data centers on unincorporated land. Rose Hill sits inside the area where they would be allowed.
About this page
This is the working summary as of 8 October, kept as written. For what was said on 6 October, see Part 1 and Part 2; for research and benchmarks, see Key Issues.
The meeting
6 October — delayed, unanimously
After more than two hours of discussion and public testimony from 18 residents, the Butler County Commission voted unanimously to delay action until 27 October. Many of those who spoke urged caution; some opposed data centers outright. No regulation was adopted and no part of the text was finalised.
This is the second consecutive meeting at which the County Commission has declined to act, after taking no vote on 15 September. Read it plainly: the room is working. Commissioners who intended to adopt a recommended text on the first pass do not spend two hours on it and then delay twice.
It is a reprieve, not a result. The regulations are still live, still substantially as drafted, and still headed for a vote.
| Date | Tuesday, 27 October 2026 |
| Body | Butler County Board of County Commissioners — five members |
| Where | 205 W. Central Ave., 4th Floor, El Dorado, KS 67042 |
| Time | To be confirmed. This board has met at 9:00 a.m. and at 6:00 p.m. during 2026 — check the posted agenda or call 316-322-4325 |
| What is at stake | Adoption, amendment, a further delay, or a pause. The Planning Commission approved the text on 10 September and is finished; these five are the whole decision |
27 October falls exactly one week before the 3 November El Dorado ballot, where Butler County voters in the county’s largest city decide whether to ban large data centers inside city limits for ten years.
Which turns the request into the smallest version of itself: you have already waited seven weeks. Wait seven more days, and hear what this county’s voters say about this exact question before you finish writing our rules. A commissioner who has already voted twice to take more time has no obvious ground for refusing a third week — and Sedgwick, Harvey, Saline, Miami, Kingman, McPherson, Riley, Leavenworth and Geary counties, along with Lawrence, Topeka and El Dorado, have all paused for longer.
Residents speaking on 15 September and 6 October have already put the substance on the record: pause while the county studies water, noise, decommissioning and tax incentives; stop staff from waiving required technical reports; widen the setbacks from homes; commission an independent cost-benefit analysis of utility impacts; and cap noise against measured ambient rather than a flat number. One speaker, Sarah Hagerst, warned the draft as written could allow a data center within 75 feet of homes.
A county survey of roughly 1,300 respondents reportedly put water use and electric demand at the top of residents’ concerns about large projects. That is the county’s own instrument, and neither concern is capped anywhere in the draft. It is the most useful single fact available, because it cannot be dismissed as the view of the people who show up.
Rose Hill sits inside the Urban Growth Area, where a data center is permitted with a Conditional Use Permit. If the rules are adopted as drafted, a project within a square mile of this town could lawfully run cooling equipment around the clock at 55 decibels at the property line — where the night now measures 30 to 40; test generators on most weekdays with no notice to anyone; run them without limit through an outage; draw power and water with no ceiling written anywhere; and place that equipment 250 feet from a property line rather than 1,000 feet from a house, because screening it by a building is enough to qualify.
Notice is the part that surprises people. Mailed notice reaches 1,000 feet, and shrinks to 200 feet inside city limits — so for a project sited just outside Rose Hill, most of the town would receive nothing. If power comes from Butler Rural Electric, the cost of serving a load like this falls across a few thousand co-op members rather than millions of regulated ratepayers.
None of that describes a proposal, because there is no proposal. It describes what the rulebook would permit once there is one.
Before the 27th
Written comment enters the permanent record; phone calls do not. File it ahead of the meeting, lead with the seven-day pause, and keep the fallback to three numbered amendments. Then fill the room again — eighteen speakers bought three weeks, and the same room on the 27th is the argument that a delay was not a one-off.
01 · The short version
Section 20 of the Butler County Zoning Regulations, drafted over the summer. Hearings in July and August; tabled 19 August; approved by the Planning Commission on 10 September. The only remaining step is a vote of the Board of County Commissioners — which has now declined to act twice, taking no vote on 15 September and voting unanimously on 6 October to delay until 27 October.
Parts of it are genuinely protective. But by excluding the Flint Hills, it says where data centers can go: the Urban Growth Area on the west side of the county. If the goal is “not here,” this document does not deliver it. It delivers here, with conditions.
Adoption is the only moment when the rules themselves change. Everything after it turns on whether a company followed rules already fixed. There is no project to oppose yet, which is why this stage draws no crowd, and why it decides the outcome.
Not rejection. A moratorium until after the 3 November El Dorado vote, and until the county has looked at the result. Sedgwick, Harvey, Saline, Miami, Kingman, McPherson, Riley, Leavenworth and Geary counties have all paused, as have Lawrence, Topeka and El Dorado. A moratorium is the Kansas mainstream, not the radical position.
The rules get settled while there is nothing to argue about. The project arrives after. By then the only question left is whether the company followed the rules, not whether the rules were right.
02 · How we got here
El Dorado’s fight runs inside city limits. The county’s rulemaking governs everything outside them. Legally separate; the same five commissioners answer to both electorates.
The most useful sentence in the record
Butler County was being marketed to developers as the accommodating county, specifically because neighboring counties were pushing back. It is documented, it is quotable, and it describes a posture that does not stop at a city line.
03 · The regulation
This is a county zoning amendment, not a Rose Hill ordinance. It governs unincorporated Butler County — the farm ground outside city limits, which is most of what surrounds us. Adopting it approves no data center; it is the rulebook a Conditional Use Permit applicant would have to satisfy, case by case, after a public hearing.
Exhibit A draws a Project Exclusion Area. The Flint Hills Ecoregion is off limits outright; so are unincorporated areas outside the Urban Growth Area. Inside the UGA, a data center is allowed with a CUP. Rose Hill sits inside the UGA, alongside Andover, Augusta and Douglass. The practical effect of protecting the Flint Hills is to channel these projects into the western growth corridor.
A drafting defect worth raising in writing: the text excludes unincorporated areas outside the UGA “the boundaries of which are shaded in blue,” but on the map only small patches are blue while large white areas also sit outside the line. Text and map do not agree.
An honest account matters here. Overstating the case is how credibility gets spent.
At the 640-acre cap and the 50% impervious coverage limit, a hyperscale site could hold 320 acres of buildings, pavement and equipment yards — roughly 485 football fields.
| Class | Building size | Site acreage |
|---|---|---|
| Hyperscale | 100,000+ sq ft | 40–640 acres |
| Colocation | 20,000–100,000 sq ft | 20–40 acres |
| Enterprise | 10,000–20,000 sq ft | 10–<20 acres |
| Edge / Micro | 5,000–20,000 sq ft | <10 acres |
| Modular / Container | <5,000 sq ft | <5 acres |
The definitions section at the back gives different numbers than this table, and gives Hyperscale “more than 40 acres” with no ceiling at all. An applicant will cite whichever helps.
04 · The gaps
Every item below is numeric, technical and narrow. None requires arguing that the project should not exist — which is what makes them hard to dismiss and useful whichever way the larger fight goes.
The four that matter most
Generators, transformers, fuel systems and cooling equipment must sit 1,000 feet from any home, school or church. Unless they are inside the main building, or attached to it, or enclosed by it, or merely screened by it — then the distance drops to 250 feet from the property line. One sentence undoes the most important number in the document.
The clause says data centers “should” use closed-loop circulation. Should, not shall. The sentence itself is garbled — “an alternative cooling technology or any alternative cooling technology” — so nobody proofread the central water protection in a forty-page document. And the performance test has no baseline: equal or lower water use than which closed-loop system?
The deeper problem is that closed loop describes the server-side circuit only. The heat still has to leave the building, and it can leave through a cooling tower that evaporates millions of gallons a year. Ask for the heat rejection method, not whether the loop is closed.
No ceiling anywhere on electrical demand, IT load, or annual water use. Both are left to case-by-case negotiation, with the numbers landing in a permit after the public part is over. No maximum PUE — efficiency only has to be reported. WUE, the water metric, is never mentioned at all.
Once one building permit issues, all development rights “vest and remain valid in perpetuity.” Two sections declare they supersede any more restrictive provision elsewhere in the county code — contradicting §2(b), a few pages earlier, which says the more restrictive rule always controls. Both cannot be true.
Noise, generators and light
Real rural nighttime ambient around Rose Hill is 30–40 dB(A). A facility could sit fully within the law and be permanently audible from a porch. The dB(C) limits sit only 5 dB above the dB(A) limits, generous for exactly the low-frequency hum that carries farthest. Fix: tie the limit to measured baseline ambient plus 5 dB, and specify the measurement methodology in the regulation itself.
Eight hours per generator per month. Sixty generators means roughly 480 generator-hours available monthly, with nothing requiring consolidation and nothing requiring notice to anyone. Notice of long load-bank tests goes to the Zoning Administrator, not to neighbors.
Note the arithmetic: 8 × 12 = 96 hours a year, just under the roughly 100 hours of non-emergency operation federal rules allow an “emergency” engine before it risks losing that classification. If that is the origin of the number, the county chose the maximum an applicant could use without triggering stricter federal permitting.
No hour cap, no time-of-day limit, notification only “if feasible.” During an ice storm or a summer peak an entire campus could run for days, through the night. “Emergency” is never defined, and running generators for demand response or economic dispatch is never prohibited.
The 0.1 foot-candle spillover cap at the boundary is a real and reasonably strict standard — about three to ten times a full moon. But it caps spillover, not skyglow: no lumens cap, no uplight limit, no curfew. Cool white LEDs scatter far more blue light than warm ones at identical brightness, and every serious dark-sky ordinance caps color temperature at 3000K. This one never mentions it. The security exception could swallow the standard.
Water chemistry — the quietest gap
The draft bans the facility from using private wells but never requires it to prove it has not contaminated the neighbors’. A closed loop carries glycol, corrosion inhibitors, biocides and scale inhibitors; chillers carry refrigerants and oils; immersion designs have historically used PFAS-based dielectric fluids. Nothing requires the actual chemicals to be named, there is no PFAS provision, no disposal tracking for spent fluid, and no pretreatment standard.
The strongest framing borrows the county’s own logic: you required a baseline noise study because you cannot prove an increase without a “before.” The same is true of water, and water damage is permanent.
Process and procedure
Any setback can be reduced by a recorded agreement between the developer and one adjoining owner. No county approval, no hearing, no notice to anyone else on the road.
The hearing notice radius is 1,000 feet, cut to 200 feet wherever the notification area reaches inside a city’s limits. For a project just outside Rose Hill, most people in town would receive no mailed notice at all. A one-line correction.
The one public event where neighbors question the company directly can be expressly waived by the Board.
Required plans and studies may be pushed to platting or permitting, meaning the Commission can approve a CUP before seeing them. Core submittals can also be waived in writing.
It must be submitted. Nothing says a net-negative project must be denied.
Foreign-ownership screening through the Kansas Intelligence Fusion Center uses “may disclose” and “may provide,” not “shall.” Review criteria in §8 are “guidelines,” not binding findings. Ratepayer impact is required only “if known.” Property values are never addressed at all.
640 acres is a per-project limit. Nothing caps how many projects, and two genuinely unaffiliated applicants could each take a square mile across the road from one another.
One tell in the redline
Between the two drafts circulated this summer, maximum building height rose from 60 feet to 72. With 12 feet of rooftop screening that is an 84-foot structure — roughly seven stories — in farmland. Nobody moves a number twelve feet on a whim. Somebody’s engineer asked for it, and it is fair to ask who.
05 · Comment letters
A letter has been filed with the county commenting on Section 20 clause by clause. We hold one page of it — the last one — a phone photo circulated on Facebook, carrying the tail of item 8, all of item 9, and the closing. The substantive pages are missing.
Even from one page, three things are clear. It is a sophisticated, numbered edit request: item 8 argues a “facility of this kind commonly operates above that range” and asks for a linear interpolation rule above 60 cps, with compliance demonstrable by peak particle velocity instead of displacement in inches. Item 9 asks the county to add due-process protections around the thermal provision §10(h)(2) — a measurable standard, notice, written findings, a cure period, proportionality, and an opportunity to be heard before conditions are imposed. And the closing offers the county a qualified acoustical consultant, at no cost, to help develop the measurement protocol.
The letter is polite, technically competent, and framed throughout as helping the county. Every request nonetheless runs one direction: standards harder to enforce, easier to comply with, and the regulated party helping write the measurement protocol. Set that against the county administrator’s “very stringent” comment on 19 August, and the direction of internal pressure is no longer inference.
The counter on the consultant offer
Not to object to expertise. To ask that any measurement protocol be developed by an independent acoustical consultant selected and directed by the county — the structure Section 20 already uses for decommissioning estimates and third-party technical review, both applicant-funded and county-selected. The precedent is already in the document.
Before this can be used we need the remaining pages, the signature block, and a comparison of its numbered items against the text approved on 10 September. If BREC is Butler Rural Electric Cooperative, a member-owned utility is lobbying to soften the ordinance, and its members can ask about that at a board meeting. If it is developer counsel or an industry group, it is the first documentary evidence of commercial interest in this ground. Those are very different facts, and neither should be asserted until the signature is in hand.
A neighbour’s comment letter, parsed separately in the project file. Three of his four asks already appear in our amendment list. Two are genuine additions worth taking into the group letter: explicitly excluding traffic noise from the sound baseline, which is concrete because a busy road sits near the site; and mailing the annual compliance report to everyone within three miles, which is cheap, additive, and makes the draft’s complaint-driven enforcement actually usable.
His strongest ask he undersold. §5(d)(2)(B) already requires certified-mail notice to every city and township within three miles — so the county has already decided three miles is the relevant radius of impact. It simply chose to notify institutions rather than people. The reframe writes itself: you already picked three miles; mail the same notice to the people who live inside the circle you drew.
06 · Leverage
The permitting path runs eleven stages from groundwork to operations. Leverage is steeply front-loaded, and most of it is either behind us or about to be.
| Gate | Moment | Leverage |
|---|---|---|
| 0 | Groundwork — land assembly, utility talks, drafting | None |
| 1 | Adoption of Section 20 | Highest · closing |
| 2 | Utility boards — running in parallel | High · unused |
| 3 | Pre-application blackout, 60+ days | Very low |
| 4 | Application and community meeting | Moderate |
| 5 | Completeness review, 30 business days | Narrow |
| 6 | Planning Commission hearing on the CUP | High |
| 7 | County Commission vote on the CUP | High |
| 8 | Incentive proceedings | Separate bite |
| 9 | Building permit — rights vest | None |
| 10 | Operations and compliance | Long game |
Gate 1 is the trap. It decides the rules while there is no project to oppose, so it attracts no constituency. By Gate 7, when there is something concrete, the rules are fixed and the only question is compliance.
Gate 2 is the most available leverage in this situation and the least used. Butler Rural Electric must agree to serve, and Rural Water District No. 5 must certify capacity in writing. Both decisions get made before any application is filed, because the application requires their letters — which means they happen during the blackout, invisibly. If you get power from the co-op you are a member, not a customer: members elect that board, may run for it, and generally may inspect its bylaws and books. Those seats are often decided by a few hundred votes.
Gate 6 is the procedural fact to memorize. If the Planning Commission recommends denial of a CUP, the County Commission needs a two-thirds vote to approve it anyway.
Gate 8 is a genuinely separate fight with a different audience. Any abatement, exemption, industrial revenue bond or development agreement requires its own application, notice, cost-benefit study and vote. Because school funding comes out of the same tax base, the school district has real standing there.
Correction on record
An earlier estimate in this project of one to five million gallons a day was wrong for a closed-loop design; that figure describes open-loop evaporative cooling. The consequence is that the water district’s capacity veto is weaker than first assessed and the leverage moves to power, because dry heat rejection trades water for a great deal more electricity. Do not build the case on water scarcity. Build it on load.
07 · Precedent
El Dorado did not win a ban. It won the right to vote on one, inside city limits, on 3 November. The precedent is live rather than settled, and its substantive reach stops at the city line.
The statute. K.S.A. 12-3013 is a citizen initiative right for cities. Every Kansas victory this year is a city petition against a city government under a city statute. Whether Kansas gives county residents an equivalent right is unresolved — the first question for an attorney, and the answer shapes everything else. If the answer is no, five county commissioners are the whole decision.
A Rose Hill city ordinance. A city has no zoning authority over unincorporated county land. A city-limits ban would be a statement of position, not a barrier, and should not absorb effort that belongs at the county.
Formal standing §5(d)(2)(B). The applicant must give certified-mail notice to all cities and townships within three miles. The City and the township can pass a resolution, file written comment, appear at the hearing as institutions, and retain their own experts. A city speaking is a kind of voice that forty individual letters do not replicate, and it costs nothing but the asking.
A caution worth planning for
Edgerton, El Dorado and Emporia have each sued residents this year, with organizers named personally for circulating petitions. The defense is the Kansas Public Speech Protection Act, the state anti-SLAPP statute, which allows fee-shifting. Identify counsel before any petition is filed. That exposure attaches to petition organizers only — not to someone who writes a comment letter, calls a commissioner, or attends a meeting. Do not let it discourage ordinary participation.
08 · Self-assessment
The approach is sound: lead with a moratorium, hold numbered amendments as the fallback, work the utility boards in parallel, file open records requests now, and use 3 November as the reason to wait. These are the thin places, set down plainly so they can be fixed rather than discovered.
Two delays in three weeks, and 27 October now sits one week before the El Dorado ballot. That is a better position than this effort has held at any point. It is also the end of the runway: a third delay would push past 3 November, which removes the cleanest argument we have.
Eighteen speakers and two hours bought three weeks. The risk now is the ordinary one — a room that was full in October is thinner in late October, and a commissioner reads that as the pressure having passed. The same room on the 27th is itself the argument.
The fallback needs to be three, in priority order, one sentence each: close the equipment-inside-the-building loophole; tie the noise limit to measured baseline ambient; strip perpetual vesting and the override clauses. Everything else goes in an appendix. A commissioner who remembers three things can act on three things.
No list, no group name, no assigned roles, nobody who has attended a utility board meeting — despite Gate 2 being identified as the highest available leverage. The citizen letter is the first step, and the reason its only ask should be signing up.
Whether Kansas gives county residents anything like the city initiative right. One hour of an attorney’s time, not more research.
The water estimate was off by an order of magnitude because it described the wrong cooling architecture. It was caught internally, which is the system working. But against an opponent with an acoustical engineer on call, one overstated number spent in public costs more than it buys.
They have counsel, consultants, and the patience to comment clause by clause. We have volunteers and evenings. That argues for narrow, verifiable, numeric asks that are expensive to refuse in public — not for volume.
The plan treats the Butler Rural Electric board as a lever we can reach as members. If the letter to the county turns out to be from the cooperative, that needs rethinking — though it also becomes a question members are entitled to ask on the record.
Most of the research, drafting and follow-through traces to one person. Fine for six weeks; not fine for the eighteen months this could run.
KWCH, KAKE and KSN have covered El Dorado steadily all year. The county-level angle — a rulebook finished with no project and no notice — is a story they would likely take. Nobody has offered it to them.
09 · Unknowns
Nothing below is research. Each one has a person who can answer it.
| Question | Who answers it |
|---|---|
| What time does the 27 October meeting start, and is a vote scheduled or further discussion? | Butler County Community Development, 316-322-4325, or the posted agenda |
| What did commissioners actually say on 6 October — which provisions are they reconsidering, and what did they ask staff to bring back? | The 6 October minutes or meeting recording |
| Does the text approved on 10 September differ from the 9/1 draft this brief cites? | Community Development, or the posted packet |
| The county survey of ~1,300 respondents — the full results and methodology | The county; a records request if it is not published |
| Who signed the letter to the county, on whose behalf, and where are the other pages? | Whoever posted the photo; or a KORA request for all comments received |
| Does Kansas give county residents a K.S.A. 12-3013 equivalent? | A Kansas land-use attorney |
| Does a protest petition reach a text amendment, not just a map amendment? | Same attorney, same hour |
| Which township contains the likely site, and when does that board meet? | County GIS or Community Development |
| Butler Rural Electric’s wholesale supplier and KCC rate-regulation status | Co-op bylaws and board; member inspection rights |
| Is ~100 hrs/yr the federal ceiling for “emergency” engine classification? | Air-permit counsel |
| Which “Flint Hills” — the ecoregion, or the golf community in Andover — and is Andover inside the UGA? | Exhibit A of the approved text |
| Has any developer been named, anywhere? | KORA; Register of Deeds; Secretary of State LLC filings |
The three records requests to file now, modeled on what broke El Dorado open: the Section 20 drafting file including who drafted it, at whose request, and all comments received on the drafts; any executed nondisclosure agreements held by the county or its economic development partners; and all communications with any economic development organization regarding data centers.
Ask while a “no” is still easy to give, and easy to check later.
10 · Action
In order. The first item unblocks most of the others.
Adoption is the most important moment. It is not the last one. None of this requires believing anyone acted in bad faith — only noticing that the decisions with the longest consequences are being made at the quietest moment.
Stay informed
Sign up for regular updates and information. Scan the code with your phone camera, or use this link. Please share it with your neighbors.