Commissioner Jonathan Elliot walks away from protestors after the Mercer County Joint Planning and Zoning Commission voted in favor of an ordinance that would create zones where data center development would be allowed at a commission meeting at the Campbellsville University Harrodsburg Athletic Center in Harrodsburg, Kentucky, on Thursday, July 30, 2026. Hannah Piedad/The Watchdog

The Mercer County Joint Planning and Zoning Commission unanimously voted to approve an ordinance related to data centers.

On Thursday, July 30, the commission continued the previous week’s adjourned meeting, where they heard the community’s concerns about the ordinance.

If adopted, the ordinance would create Industrial Technology Zones where data center development would be allowed.

Commission Chairman Bobby Upchurch said some changes were made to the draft ordinance based on evidence presented the week before.

One change, according to Henry Smith, counsel for the commission, would clarify the ordinance’s section that required data center projects to enter into a community benefit agreement to fund “necessary community investments,” such as increased staff and equipment for fire crews and emergency services.

Smith said the ordinance was changed to specify that data center developers will be responsible for the cost of vehicles and training for fire crews and first responders.

The ordinance was also changed to further address water cooling systems used by data centers and wastewater from such developments, according to Smith.

“It (the ordinance) says the draining of the water cooling system shall constitute a waste stream permitted as a significant categorical industrial user by the publicly owned treatment work,” Smith said, “or if under a KPDES permit, a unique outfall separate from domestic wastewater.”

A KPDES, or Kentucky Pollutant Discharge Elimination System, permit, is required for all wastewater discharged to state waters, according to the Kentucky Energy and Environment Cabinet.

Mercer County residents react as the Mercer County Planning and Zoning Commission votes in favor of an ordinance regarding data centers at a commission meeting at the Campbellsville University Harrodsburg Athletic Center in Harrodsburg, Kentucky, on Thursday, July 30, 2026. Hannah Piedad/The Watchdog

Before the commission voted, Commissioner ​​Jonathan Elliott spoke about why he decided to vote yes on the ordinance.

The planning and zoning commission focused on concerns about how a data center would affect the “character” of Mercer County, according to Elliot. He said he believed the radius the ordinance outlines is the most feasible and least impactful spot for a development.

The site has also been narrowed down to not include A-1 zoned farmland, according to Elliot.

“This is intended to protect as much farmland as possible, thus maintaining our rural and agricultural continuity,” Elliot said.

Elliot also pointed to potential financial benefits a data center could bring, saying a strongly regulated ordinance, in conjunction with a “well-planned community benefit agreement,” could economically improve the area.

“I concentrated on establishing as strong of a framework as possible to protect future consequences,” Elliot said. “I believe this ordinance creates a very rigid outline of what any future development can look like.”

Commissioners were met with boos from the crowd after voting to approve the ordinance.

Mercer County residents hold signs protesting against an ordinance that would allow for data center development in the county during a Mercer County Joint Planning and Zoning Commission meeting at the Campbellsville University Harrodsburg Athletic Center in Harrodsburg, Kentucky, on Thursday, July 30, 2026. Hannah Piedad/The Watchdog

Julie Six, a Mercer County resident, said some community members had hoped the commission would redraft the ordinance before bringing it to a vote to address other concerns, such as protecting Shaker Village of Pleasant Hill and the radius for IT zones.

The land where IT zones would be allowed “can’t be the safest place” for a development, according to Six, who said the land consists of terrain that is more susceptible to groundwater contamination.

As the ordinance heads to Mercer County Fiscal Court for approval, Six said many community members are asking for the Fiscal Court to enact a moratorium.

The Fiscal Court approved the first reading of a data center moratorium ordinance on Tuesday, July 28. If passed, the moratorium would remain in effect for 12 months, or until the Fiscal Court adopts permanent data center regulations.

A protestor holds a sign advocating for farmland protection during a Mercer County Joint Planning and Zoning Commission meeting regarding a data center ordinance at the Campbellsville University Harrodsburg Athletic Center in Harrodsburg, Kentucky, on Thursday, July 30, 2026. Hannah Piedad/The Watchdog

The current proposed moratorium, according to Six, passes the responsibility onto the Mercer County Joint Planning and Zoning Commission.

“They’re not really protecting,” Six said. “They’re just saying, ‘Here, planning and zoning, you make a determination. You tell us what’s safe, and then we’ll vote on it.’”

Six said she, along with other Mercer County residents, hope the Fiscal Court sends the ordinance back to the planning and zoning commission to make it more effective and establish more restrictions.

“It’s really frustrating that they didn’t take the heat off of planning and zoning, enact a moratorium, so that planning and zoning had at least a year to truly get and deep dive into all the information and get valuable resources,” Six said.