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Jefferson County committee to draft performance-based rules for data centers after executive order
Summary
County staff, directed by an executive order from County Executive Gannon, will draft performance-based zoning and operational rules for data centers in unincorporated Jefferson County; staff proposed a timeline that includes additional committee meetings, draft language in January and a Planning & Zoning hearing in March.
Mitch Baer, director of county services and an AICP-certified planner, told the Economic Development Objectives Committee that County Executive Mr. Gannon’s executive order "directs myself and staff to work with the county council, to prepare a report and recommended legislative language" for regulating data centers in unincorporated Jefferson County. Baer said staff will produce draft legislative language and a report to guide potential changes to the county’s Unified Development Ordinance (UDO).
Baer described the proposed approach as performance based and specific to data centers: defining the use, setting performance standards for lighting, noise and water, and permitting data centers in appropriate industrial frameworks while excluding floodplains and environmentally sensitive areas. "We should regulate data centers as a independent specific land use," Baer said, and recommended both primary and accessory-use pathways so rules can apply whether a data center is the primary occupant or an accessory use of a building.
Why it matters: committee members and residents said they want rules in place before any developer submits applications. Baer told the committee the work is intended to "remove any confusion as to who does what and provide a substantial commitment" and to give prospective developers clear requirements they must meet.
Details and process: Baer outlined additional procedural steps: a second committee meeting within about two weeks to refine technical standards (lighting, noise, appearance, wastewater, stormwater and site design); staff will circulate draft language the week of Jan. 12; and the Planning and Zoning Commission public hearing is tentatively set for March 12. That hearing would be followed by County Council consideration.
Baer said staff will use the Visualize Jefferson County master plan as a guide for siting and that the county will require third-party peer review and applicant‑funded compliance testing where necessary. He emphasized that proposed code language will aim to place compliance costs on the developer or operator rather than the county.
Next steps: Staff will return to the committee with more technical detail and additional experts (lighting specialists, air‑quality experts and others) as requested by members and the public; the committee signaled interest in adding topics such as labor standards and community benefits to future policy discussions.
Ending: The committee scheduled further meetings and staff will publish draft language and hearing notices as they become available.
