Fairfield County Council approves first reading of 12-month moratorium on data centers

Fairfield County Council on July 20 gave first reading to an ordinance that would impose a 12-month temporary moratorium on data centers in Fairfield County, approving the measure by voice vote, 7-0.

The chair read the ordinance title aloud and said the first reading was procedural: "This is 1st reading, so there's no public comments on this," and that the public would be allowed to speak at the second and third readings and at planned town halls over the coming 12 months.

The county's attorney, participating by phone, told the council the pause would give members time to study differences among data centers and consider county-level rules on matters such as water use and discharge, noise and pollutants. "Unless the state tells us otherwise, we've got some pretty broad latitude in setting regulations that could affect and determine what kinds of data centers, how they use water, how they discharge their water, ground water, surface water, recycled water," the attorney said, adding that invoking the "pending ordinance" doctrine at first reading would prevent permit filings while the ordinance moves through additional readings.

The attorney also cautioned about legal limits on moratoria, saying courts typically require moratoriums to be reasonable in duration and have noted that six to 12 months is commonly seen in precedent; multi-year blanket bans are often struck down. The attorney said short extensions may be permissible if the county is actively completing its work.

Several council members voiced support for the pause. One asked whether the council could visit existing data centers across the state to "get some eyeball experience," noting facilities in York, Spartanburg and Berkeley counties. Another council member said, "I fully support this 12 month moratorium," and urged the council to use the time to engage residents and learn about the technologies and issues involved.

Council member Miss Bale said members had not been furnished a copy of the ordinance and moved to have the ordinance read verbatim at the next meeting for the record: "That's why I'm making a motion that the ordinance be read verbatimly for the record." The council approved a motion to have the ordinance read at the second meeting by a recorded vote of 7-0.

Because this action was a first reading, no public comments were taken during the session; the chair said the council will accept public comment at later readings and will hold town halls over the 12-month moratorium period. The meeting ended after the council approved adjournment by voice vote, 7-0.

Next steps: the ordinance will proceed to additional readings that allow public comment and a final vote; the county plans outreach and, as discussed, informational site visits and town halls to inform any subsequent rules the council may adopt.