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Brewer Council adopts detailed limits and requirements for data centers under 20 MW
Summary
The Brewer City Council on May 12 adopted amendments to Chapter 24 that allow data centers under 20 MW in specified zones and impose performance standards covering noise, water use, emergency power, decommissioning and financial assurance.
The Brewer City Council voted unanimously on May 12 to adopt ordinance amendments establishing siting, permitting and operational requirements for Tier 1–3 data centers under 20 megawatts, while prohibiting facilities of 20 MW and above.
The amendment (2026-C010) adds Article 4, Section 446 to the City’s Land Use Code and defines three tiers of data centers by electrical load. The code requires Tier 2 and Tier 3 centers to meet a target Power Usage Effectiveness (PUE) of 1.6 or less and requires an Energy Impact Statement for Tier 3 projects describing electrical demand, utility coordination and peak-load measures.
The law sets numerical noise limits for mechanical equipment (55 dBA at residential property lines, 65 dBA at commercial, 70 dBA at industrial) and restricts weekly generator testing to one hour per week on weekdays; Tier 3 centers must use acoustically enclosed generators or equivalent mitigation. Applicants must disclose cooling technology, maximum daily consumptive water demand, and planned recycling or reuse systems, and must submit a water-use study prepared by a consultant approved by the Brewer Water Department.
Other provisions require screening of mechanical equipment, limits on outdoor storage, emergency-power safety measures for fuel storage and BESS (battery energy storage systems), cybersecurity summaries for on-site substations, and traffic and employment disclosures (sites expecting over 25 employees must provide a Traffic Impact Analysis). A decommissioning plan and 120% financial assurance of estimated removal costs are required before operations commence.
The Planning Board held a public hearing on April 13 and unanimously recommended the amendment; the Council enacted the change on the consent calendar with no public comments recorded during the Council meeting.
The ordinance also requires annual reporting — including energy and water use, PUE, noise monitoring, and generator testing logs — to the Brewer Code Enforcement Office as part of the Brewer business license process. The new rules take effect following the Council’s unanimous vote at the May 12 meeting.
The action responds to the City’s effort to permit smaller-scale data centers while managing impacts on neighborhood noise, water and electrical infrastructure and ensuring funds for decommissioning if a facility ceases operation.
