Simpson County KY data center CUP ordinance (2025/2026)
Simpson County, KY — Fiscal Court data center ordinance: heavy-industrial zoning + conditional use permit for data centers and integrated energy systems (Dec 2025; amended Ord. 920.133, May 5, 2026; under challenge in TenKey LandCo v. Simpson County)
Simpson County, KY · Simpson County, KY Ordinance No. 920.133 (amended, adopted May 5, 2026; original data center CUP ordinance Dec 2025); TenKey LandCo I LLC v. Simpson County (Simpson Cir. Ct., filed Jan. 20, 2026)
- Status
- In effect
- Took effect
- May 5, 2026
- Applies to
- Data center and integrated energy system developers in Simpson County, including within Franklin
- Enforced by
- Simpson County Fiscal Court; Simpson County Planning and Zoning Commission
Simpson County, Kentucky requires large data centers and on-site power systems to get a conditional use permit and limits them to heavy-industrial land, countywide including inside the city of Franklin. The developer of a proposed Franklin data center sued to strike the rule down, arguing the county cannot impose conditions inside city limits; a judge is expected to rule in October 2026.
Who is protected: Simpson County and Franklin residents near proposed large data centers and on-site energy facilities
Legal detail
Simpson County Fiscal Court adopted an ordinance in December 2025 requiring 'advanced technology' data storage centers and integrated energy systems to obtain a conditional use permit and restricting them to Heavy Industrial (I-2) zones in incorporated and unincorporated areas, with oversight of energy/water use, noise and emissions. On May 5, 2026 the court adopted (majority vote, second reading) amended Ordinance No. 920.133 defining 'advanced technology centers' (incl. data centers) as conditional uses countywide. LITIGATION: TenKey LandCo I LLC (developer of the OTN Group Franklin project) filed suit in Simpson Circuit Court on Jan 20, 2026 arguing the county planning commission lacks authority under KRS ch. 100 to impose conditions within Franklin city limits; Chief Circuit Judge Thurmond took the case under submission Aug 6, 2026 with an opinion expected Oct 14, 2026. A separate April 2026 citizens' suit (Franklin Citizens for Responsible Development) challenges the Franklin P&Z Commission's March 2026 preliminary plan approval.
Key facts
| Jurisdiction | Simpson County, KY |
|---|---|
| Level | County |
| Strength | Moderate |
| Enacted | December 1, 2025 |
| Citation | Simpson County, KY Ordinance No. 920.133 (amended, adopted May 5, 2026; original data center CUP ordinance Dec 2025); TenKey LandCo I LLC v. Simpson County (Simpson Cir. Ct., filed Jan. 20, 2026) |
| Private right of action | No, agency enforcement only |
| Penalties | Development not permitted without a conditional use permit |
| Topics | data-center siting and energy · government use of AI |
| News report | Simpson County approves amended ordinance regulating data centers amid lawsuit — WNKY |
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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