El Dorado, Kansas Development News

El Dorado Commission Declares Data Center Ordinance Petition Invalid, Imposes Moratorium

The City Commission of El Dorado, Kansas, discussed an ordinance petition aiming to prohibit high-impact data centers and tier two and tier three battery energy storage systems. City Attorney Ashley Johnson advised that the petition, as drafted, was an administrative act and therefore not a legally valid vehicle for the ordinance petition process under Kansas law (KSA 12-3013). The Commission voted 5-0 to declare the petition invalid and seek a declaratory judgment from the court to clarify the legal standing of the ordinance and petition process. Subsequently, the Commission voted 4-1 to approve a resolution establishing an interim development control, enacting a moratorium on permits for high-impact data centers and tier two/three battery energy storage systems until November 30th, 2026, to allow for further legal and policy review. The moratorium's definitions for these systems were aligned with Article 3 of the city's zoning regulations.