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Troup County tables data-center UDO amendments after public comment and calls for stronger protections
Summary
After staff outlined changes to a draft data-center ordinance (setbacks, sewer definition, decommission bonds) and two public commenters urged stronger community benefits and clearer sewage definitions, commissioners asked for substantive changes and voted to table the matter for additional staff work.
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Planning staff reviewed a proposed data-center ordinance and described two notable edits: removing decentralized sewer to require access to a publicly owned central sewer system and changing a primary setback to 1,500 feet measured from a sensitive receptor or property line (with a 300-foot setback for retention ponds and utility substations). Staff also confirmed decommissioning surety bonds would remain in the draft and that a special-use permit process and rezoning would apply.
Two members of the public spoke during the hearing. Cindy Hutchings urged stronger, legally binding community-benefits agreements and suggested removing data centers and crypto-mining uses from the UDO or placing the question before voters. She cited other jurisdictions' higher community-benefits packages and referenced the Supreme Court case Ambler Realty v. Village of Euclid as zoning precedent. Nathan Gaskin questioned the UDO's definition of "public sewage" and urged clearer language to prevent gaps that could allow untreated discharge.
Legal counsel and staff discussed the balance between making the ordinance more restrictive and the risk that stricter rules could invite legal challenges; the county attorney noted no ordinance is litigation-proof but described options (approve with only minor edits, table, or continue the public hearing to revise the document). Following that discussion, a motion was made and seconded to table the data-center ordinance to allow staff to draft substantive additions (such as a good-neighbor policy) and return a revised document; the motion carried.
"There are no applications in Troup County for a data center," the chair said during the hearing, adding that the board was adopting rules now to be prepared should an applicant appear. Commissioners directed staff to incorporate commissioner feedback and to return with a revised draft rather than finalizing the ordinance at this meeting.
