Cochise County adopts ordinance to regulate data centers after lengthy public hearing
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Summary
After hours of testimony and debate, the Cochise County Board of Supervisors approved Ordinance 2609 to define and regulate data centers, requiring special-use review, utility and water disclosures, operational standards and decommissioning guarantees; residents urged stronger water and enforcement measures.
The Cochise County Board of Supervisors voted to adopt Ordinance 2609 on April 7, establishing a countywide framework to define, review and regulate data centers in specified zoning districts. The ordinance requires a special-use permit, detailed project submittals — including utility demand, water-use projections, noise and fire-protection plans — and gives the county tools to require decommissioning and financial assurances.
Why it matters: County staff said the rules are intended to ensure any future data-center proposal undergoes a site-specific review rather than being processed under generic development rules. “This item does not approve or authorize a data center project,” county planner McLaughlin told the board. “It establishes the framework the County would use to evaluate a proposal if one is submitted in the future.”
Public concerns: Dozens of residents spoke at the public hearing, focusing on water, health, noise, and long-term enforcement. Mary Ann Bowles, a Bisbee landowner, said data centers can use “up to 5,000,000 gallons of water per day” and warned the county’s aquifers are stressed. Other speakers urged a moratorium, independent hydrological studies, baseline testing and binding financial assurances to prevent abandoned, contaminated sites.
Board response and legal caution: Supervisors emphasized the county must balance protective standards with legal constraints. The chair noted previous litigation in Phoenix where post‑submission zoning actions led to costly settlements, and warned that unreasonable restrictions could trigger takings claims under Arizona law. The board said the ordinance is a “living framework” that can be amended during scheduled work sessions.
Key provisions: Staff highlighted that data centers would require special-use authorization and would not be allowed in residential zones; potable water for routine cooling would be restricted except where nonpotable alternatives were infeasible; applicants must demonstrate utility capacity and may be required to post decommissioning bonds and annual certifications where justified.
What’s next: The ordinance was approved by the Board (recorded as carrying on the record). County staff and the Planning & Zoning Commission will compile public comments and schedule follow‑up work sessions over the next weeks to consider amendments and additional guardrails requested by residents.
Authorities and legal references cited during the hearing include ARS 11-8-33 (statute governing moratoriums) and references to Prop 207 (voter-protected limitations on regulatory takings) as constraints on overly burdensome conditions. The county said the regulation is intended to preserve local decision-making while avoiding legally vulnerable prohibitions.
The board also announced additional public work sessions to consider suggested changes and to solicit more technical studies where needed.
