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County attorney says moratorium likely legally vulnerable; zoning regulation is available tool
Summary
Smyth County's attorney told the hearing that courts often overturn blanket moratoria and that the practical regulatory route is stricter zoning and special-use standards rather than a ban; county staff said a moratorium is not legally viable under current state interpretations.
During the hearing a speaker asked whether the county could adopt a moratorium to halt data centers immediately. The county attorney answered directly: "Courts consistently overrule moratoriums… My interpretation for as the county attorney is we can't do a moratorium." (County Attorney).
Legal staff explained the county's authority is constrained by state law and case precedent; while zoning tools can regulate where and how a use occurs, courts have historically rejected blanket prohibitions that effectively block an entire industry without a tailored regulatory basis. Staff emphasized that the draft ordinance's approach — defining data centers and moving them to a special-use process — is the practical regulatory option available now.
Audience members pushed back, asking how the county would prevent a near-term application if one arose. County staff said outcome depends on technical definitions in the existing ordinance and the timing of any submittal; they urged residents to stay engaged and to contact their supervisors.
