El Dorado KS data center/BESS ban ballot question
El Dorado, KS — Citizen-Initiated 10-Year Ban on High-Impact Data Centers and Tier 2/3 Battery Storage on the Nov. 3, 2026 Ballot
El Dorado, KS · El Dorado, KS initiated ordinance prohibiting High Impact Data Centers and Tier 2/3 BESS (Nov. 2026 ballot)
- Status
- Proposed / pending
- Applies to
- Data center and battery storage developers in El Dorado, KS (if approved)
- Enforced by
- City of El Dorado, KS
El Dorado, Kansas voters will decide in the November 2026 general election whether to adopt a citizen-proposed 10-year ban on high-impact data centers and on Tier 2 and Tier 3 battery energy storage systems. The group Protect the Heartland gathered about 700 signatures. The city went to court to argue the petition was invalid and lost on Aug. 21, 2026. The City Commission then voted unanimously to put the measure on the ballot. Earlier, on June 1, 2026, the Commission had unanimously updated the zoning code to define data centers and battery storage and to set standards for them.
Who is protected: El Dorado, KS residents
Legal detail
Initiated ordinance: 10-year prohibition on 'High Impact Data Centers' and Tier 2/Tier 3 BESS. ~700 signatures (Protect the Heartland). City sought a ruling that the measure was administrative; the district court held on Aug. 21, 2026 that it is legislative and eligible for initiative. Ballot resolution adopted 5-0 at a special meeting on Aug. 25, 2026; the ballot will carry the ordinance title, the definitions and the 10-year duration. Separate, earlier action: a zoning code amendment defining data centers/BESS with standards, adopted unanimously at the June 1, 2026 Commission meeting (ordinance number not reported). NOT ESTABLISHED: data center MW/water thresholds, whether the city appealed.
Key facts
| Jurisdiction | El Dorado, KS |
|---|---|
| Level | City / local |
| Citation | El Dorado, KS initiated ordinance prohibiting High Impact Data Centers and Tier 2/3 BESS (Nov. 2026 ballot) |
| Private right of action | No, agency enforcement only |
| Topics | data-center siting and energy |
| News report | El Dorado voters to have say on potential future of data centers — KWCH 12 (Aug. 27, 2026) |
Related data-center siting and energy rules elsewhere
- Superior WI Data Center Moratorium (1-year) · In effect
- Dane County WI Hyperscale Data Center Moratorium · In effect
- Madison WI Data Center Moratorium (1-year) · In effect
- Manitowoc County WI Data Center Moratorium · In effect
- WA SB 5982 (Data Center / Clean Energy) · In effect
- Dayton OH data center moratorium (180-day, Apr 2026) · In effect
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