Lawmakers to Remove Controversial Land Use Provision from Data Center Bill

Senate Republicans will drop a measure that could have allowed farmland to be used for any purpose without public input.

Feb. 5, 2026 at 5:07pm

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Senate Republicans in Indiana have decided to remove a controversial provision from a data center bill that would have allowed some farmland to be used for any purpose, including data centers or oil refineries, without requiring public hearings or zoning approvals. The measure had faced significant pushback from the agricultural community and advocacy groups.

Why it matters

This decision reflects the broader concerns raised about the impact of data centers and other industrial facilities on local communities and farmland. It highlights the importance of maintaining public input and oversight on major land use decisions, especially those that could affect agricultural resources.

The details

The data center bill originally included language that would have permitted any use on land zoned for agriculture but with little active farming. This would have eliminated requirements for public hearings, variances, or zoning approvals. Critics argued this could have opened the door for data centers, refineries, and other facilities to be built on farmland without community input. After hearing from the agricultural community and discussing the issue internally, Senate Republicans decided to remove this controversial provision from the bill.

  • The data center bill narrowly passed the Indiana House on Monday, February 3, 2026.
  • On Thursday, February 5, 2026, Senate Republicans announced they would remove the farmland use provision from the bill.

The players

Sen. Eric Koch

The Senate sponsor of the data center bill, who said the farmland use language will be removed in committee.

Rep. Kenneth Culp

The original author of the data center bill in the Indiana House of Representatives.

Sen. Rod Bray

The Indiana Senate President pro tempore, who was involved in discussions about removing the farmland use provision.

Kerwin Olson

The executive director of the Citizens Action Coalition, an advocacy group that raised concerns about the farmland use provision.

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What they’re saying

“Certainly data (centers) are a concern, but so are other things that create radioactive and hazardous waste. Certainly, local communities should have a voice in those type of projects.”

— Kerwin Olson, Executive Director, Citizens Action Coalition (wishtv.com)

“We're looking at different options, but clearly, that language will not be moving forward. The bill came over from the House and after that, we heard from a lot of the agricultural community and we discussed it among ourselves as members and decided that was not appropriate language to move right now.”

— Sen. Eric Koch, Senate Sponsor, Data Center Bill (wishtv.com)

What’s next

Since the Senate is making changes to the bill, it will have to go back to the House if it passes the full Senate.

The takeaway

This decision by Indiana lawmakers demonstrates the importance of maintaining public input and oversight on major land use decisions, especially those that could impact agricultural resources. It reflects the broader concerns raised about the effects of data centers and other industrial facilities on local communities.