Pahrump’s ban stands as Nye County adopts data center regulations.

With the approval of Nye County Bill No. 2026-14, the county will soon have a new set of regulations addressing data center development in all parts of the county outside of Pahrump’s hydrographic Basin No. 162.

Addressed at a public hearing held during a special meeting of the Nye County Commission on Thursday, October 8, the bill establishes an entirely new section in Nye County Code Chapter 17.10, which was originally created to regulate large-scale infrastructure developments such as solar and other renewable energy projects.

Under the initial draft of the bill, there was no acknowledgement that Pahrump’s Basin No. 162 would be excluded but it was clear that the commission did not intend to do away with the ban that had recently been approved for the area. As soon as the public hearing opened, commissioner John Koenig immediately made a motion to amend and adopt the bill by adding language to clarify that the bill does not apply to Basin No. 162. Commissioner Ian Bayne then asked Nye County District Attorney Brian Kunzi to reiterate what the amendment would do, for the public’s understanding.

“The purpose of the amendment is to make sure it is very, very clear that the ban that was previously put in place by this board is not getting overridden by this ordinance,” Kunzi responded. “I want it to be crystal clear moving forward for any developer who may try to use this as a weapon against us. By putting language, particularly in regard to hydrographic Basin No. 162, anybody within that basin is not going to be able to use this ordinance against us to try to argue that this allows them to put a data center here.”

Despite this clarification, during the public comment portion of the hearing, several speakers focused their concerns on Manse Technology Campus, whose developers are now suing over the Pahrump ban. Others spoke about the possibility of data centers being developed over the county border and using water from Basin No. 162, which extends into Clark County. Some critiqued certain sections or stipulations and made recommendation for changes while others expressed their support for the bill but in the end, it was up to the commission to make the final decision. However, it was far from a straightforward vote.

Before the motion to amend and adopt could be put to a vote, Bayne said he wanted to separate it into two parts, one for the amendment and another for the adoption, per Robert’s Rules of Order. Kunzi interjected to suggest that the board temporarily suspend Robert’s Rules of Order and the commission approved a motion to that effect, with commissioners Bayne and Koenig against.

Koenig then added another amendment to his motion, shifting the effective date to Wednesday, October 28. Nye County Manager Brett Waggoner had also requested a change in the water consumption limits, decreasing it from one-and-a-half acre-feet of water annually to just one-quarter acre-foot per year per acre of developed site.

Commissioner Debra Strickland offered a second and the motion to amend and adopt passed 4-0. Bayne did not participate in the vote, citing the suspension of Robert’s Rules of Order.

Specifications of the new regulations

Under the definitions of the Nye County’s new data center regulations, a data center is defined as, “A facility or group of facilities not located within hydrographic Basin No. 162, including one or more buildings, used primarily to house computer systems, servers, network equipment, data storage, and associated electrical, mechanical, and cooling infrastructure for the processing, storage, management, and transmission of digital data, together with all accessory structures and equipment that are a direct functional part of the facility, including without limitation electrical substations, backup electrical generation, fuel storage, batter energy storage, cooling systems, water treatment and storage, security infrastructure, and administrative space.

“The term does not include a renewable energy generation facility, an above-ground transmission line, a battery energy storage system, an electrical substation or a gen-tie connection regulated under sections 17.10.030 through 17.10.150 of this chapter, except where such facilities are accessory to and/or located on (or adjacent to) the same site as a data center,” the definition continues. “This section does not apply to server rooms, telecommunications closets, or similar computing facilities that are accessory to a primary non-data center use, provided such facilities occupy less than 25% of the total building square footage and have a critical IT power load of less than 500 kilowatts.”

The term “data centers” has been inserted throughout various sections of Nye County Title 17.10 but the main provisions specific to data center developments are contained under section 17.10.155, which covers roughly 10 pages.

Under this section, data centers must secure a Special Use Permit (SUP) and a development agreement with Nye County. In order to obtain an SUP, a developer’s application must first be considered at a public hearing before the Nye County Commission. The application must contain a project summary, zoning justification, maps, a preliminary site plan and various studies and reports, to include: power supply study; water system conceptual master plan; sewer system conceptual master plan; traffic and access assessment; fiber and telecommunications connectivity assessment; site, architectural elevations, screening and landscape plan; an acoustic study; drainage and flood report; and a natural and cultural resources review.

As for water, the ordinance requires proof of water rights or a will-serve letter from a utility, as well as a Nevada-licensed engineer’s estimate of the amount of water that will be used, both during construction and during operation. No data center will be permitted to use more than one-quarter acre-foot – or about 81,400 gallons – of water per year for each acre of developed site area.

Data center developers must also request to present their project to the town board of any community in which the project will be located – with the exception of Pahrump, where data centers are banned – and seek a letter of support, opposition or acknowledgement from that body. If a letter is not forthcoming within 45 days, the applicant can then provide proof of the request for a letter and move forward with the county process.

Once an SUP is obtained, the developer has several more requirements to meet, including approvals for a transportation plan and road remediation agreement, drainage plan, safety and security plan, state and federal permits, as well as providing proof of insurance and paying all applicable fees. Development standards are outlined, stipulating requirements such as the site being fully enclosed by a fence at least eight feet in height and lighting to be fully shielded and down-cast, along with setbacks, height limitations, noise limits, a restriction against evaporative cooling system and more.

When it comes to enforcement, the ordinance allows for a $1,000 fine or imprisonment for not more than six months per violation, with each day of non-compliance constituting a separate violation.

To view the bill as drafted, go to NyeCountyNV.gov and visit the Meeting Center . The document is included with the October 8 Nye County Commission agenda.

Contact reporter Robin Hebrock at rhebrock@pvtimes.com