Residents press Athens-Clarke County to extend moratorium as planners propose data-center rules

Planning staff presented a package of zoning text amendments on Feb. 17 to regulate data centers in Athens-Clarke County, recommending that data centers be treated as automatic level-three industrial uses that must obtain special-use approval from the Mayor and Commission.

Planning director Bruce Lonnie told commissioners staff added six definitions (including data center, closed-loop and open-loop cooling, on-site power generation, renewable energy and server room), proposed design and buffering standards, and a reporting framework requiring pre- and post-construction energy and water reporting for higher-impact facilities. He said staff intentionally focused on the local utilities they control — public water use, stormwater, and on-site infrastructure — and sought to create durable rules for a range of facilities from small, decentralized centers to large hyperscale campuses. "We've had data center proposals without a code definition," Lonnie said. "This will give us predictable terms and binding site plans for any data center that comes forward." (Planning Director Bruce Lonnie)

The presentation emphasized operational features that drive local impacts, especially cooling systems and backup generation, and staff described a requirement in the draft that data centers use closed-loop cooling (to avoid high evaporative water use). Staff also described phasing rules to prevent developers from intentionally undersizing early phases in order to later expand without review. The staff draft included an energy-scale threshold (5 megawatts) tied to on-site renewable-energy expectations; the Planning Commission removed that threshold and instead recommended treating all data centers as special uses subject to detailed special-use criteria.

Public comment was extensive. More than a dozen residents and local advocates spoke during the planning-item public comment period to press the commission to extend a temporary moratorium adopted in December and to require stronger public reporting, oversight and protections for vulnerable neighborhoods. "I urge you to extend the moratorum a few more weeks so that we can have more time to investigate and explore this extremely complex and consequential issue," said resident Sally Kunan, calling for additional study on drought impacts, transmission capacity and decommissioning plans (Sally Kunan). Several asked staff to require public energy-use reporting, to prohibit secrecy (NDAs), to require binding community-benefit agreements and to form a citizen oversight body. A number of speakers recounted door-to-door outreach in Spring Valley — a mobile-home community near a proposed site — and warned of life-or-death electricity access issues for residents who rely on medical equipment.

Commissioners largely signaled support for more time and additional analysis. Several asked the county attorney to research legal questions raised during the meeting, including the extent of local authority over: (a) banning or highly restricting data centers, (b) requiring on-site renewable energy, (c) monitoring and enforcing post-construction performance, and (d) regulating emissions from backup generators. County Attorney Jud Drake advised any moratorium must be time-limited under Georgia law and recommended specifying deliverables for any extension; he said an outright ban would likely be difficult and took on assignments to research authorities around renewable requirements and pollutants.

Next steps: staff will return with a recommended scope and timeline for any moratorium extension or remand, plus follow-ups on the legal and technical questions commissioners raised. The Planning Commission recommended approval of the text amendments with revisions and urged development of data-center-specific special-use criteria; the Mayor and Commission will consider whether to remand the language back to Planning staff and the Planning Commission with explicit tasks and deadlines.