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The Data Center Divide

Skagway Municipality

Neutral Data Center Policies

Skagway Municipality limits construction noise near homes and equipment noise at nearby property boundaries, though industrial areas may allow sound up to 80 dB(A), and some permits are available.

current law · County measure
Prohibits anyone from unreasonably making, continuing, or causing a noise disturbance, including sound that harms or threatens people, animals, or property or unreasonably disturbs others, subject to specified exceptions for activities such as public speaking, municipal work, and airport, railroad, or highway operations (Chapter 9.03).Skagway Municipal Code Chapter 9.03 (2026)

What this means

The rules add some limits on construction noise near homes and on sound from equipment at nearby property boundaries, which could require planning or noise controls (construction noise hours). The impact is likely minor overall: industrial areas may have sound levels up to 80 dB(A) at all times, and permits are available in some cases (industrial-area limit).

People behind it

  • Authorized to grant noise permits and administer permit-related requirements.

  • Receives noise permit applications and may require or conduct sound-level measurements.

  • Reviews permit applications, maintains permit decisions and reasons on public file, and establishes permit conditions.

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  • Hears long-term noise permit applications and applications with substantial potential public impact.

Restrictions & requirementsHide restrictions & requirements13
  • Data center construction work, including site preparation, assembly, erection, repair, and alteration, may not create a noise disturbance across a residential property boundary from 10:00 p.m. to 6:00 a.m. during the April 1–October 31 construction season, or from 10:00 p.m. to 7:00 a.m. during other months. The restriction does not apply to emergency work by public-service utilities or emergency-service operations. Construction noise is restricted during these hours

  • Mechanically powered saws, sanders, drills, grinders, lawn or garden tools, snow blowers, and similar equipment operated in residential areas may not create a noise disturbance across a residential property boundary between 10:00 p.m. and 7:00 a.m. Power-tool operation is restricted during these hours

  • A data center or other private-property sound source may not exceed the applicable sound-level limit at or within the receiving property's boundary for more than two consecutive minutes: 70 dB(A) during daytime and 60 dB(A) at night in residential areas; 80 dB(A) daytime and 70 dB(A) at night in commercial areas; and 80 dB(A) at all times in industrial areas. The sound-level limits are set by receiving land-use category

  • Data center-related operations may not unreasonably create, continue, or cause a noise disturbance, including sound that annoys or disturbs a reasonable person of normal sensitivities or endangers people, animals, or property. Unreasonable noise disturbances are prohibited

  • Loudspeakers, public-address systems, and similar devices may not create a noise disturbance across a residential property boundary, and amplified signals from stationary nonemergency sirens, whistles, or similar devices are likewise restricted. Loudspeaker and amplified-signal noise is restricted

  • Handling boxes, crates, containers, building materials, garbage cans, or similar objects between 10:00 p.m. and 7:00 a.m. may not create a noise disturbance across a residential property boundary. Nighttime handling of materials and containers is restricted

  • Repairing, rebuilding, modifying, idling, running, accelerating, or testing motor vehicles or auxiliary equipment may not create a noise disturbance across a residential property boundary. This could cover vehicles or attached equipment used in data center construction or operations. Vehicle and auxiliary-equipment noise is restricted

  • A noise permit may be required to conduct construction work during otherwise restricted hours or under other circumstances covered by the construction-noise provision. The police chief or designee may grant such permits, but applicants must show that compliance would cause an unreasonable hardship. Permit authority covers construction noise

  • Noise-permit applications generally must be filed with the police department at least 20 days before the noise-producing activity begins. The police chief or designee may waive that deadline under administratively established criteria. The application generally must be filed 20 days in advance

  • For a noise permit lasting more than 21 consecutive calendar days, or when there may be substantial public impact, the application is forwarded for consideration by the municipal assembly at its next scheduled meeting rather than being handled solely by the police chief. Long-term or potentially impactful permits go to the assembly

  • Noise permits may include measurement, reporting, monitoring, and other conditions, and the permit becomes effective only after the applicant agrees to all conditions. Violating a permit condition terminates the permit and subjects the holder to the ordinary noise restrictions. Permit conditions can require sound measurements and terminate upon noncompliance

  • A noise permit may not be issued for activity that violates federal or state law, another chapter of the municipal code, or another provision of the code, and no permit may initially last longer than one year. Permits cannot authorize violations and are limited to one year initially

  • Violations of the noise-control chapter are subject to civil fines established by municipal resolution, creating a potential additional operating cost for noncompliance. Violations are subject to civil fines

Benefits & exceptionsHide benefits & exceptions1
  • Construction noise for a data center project may receive a noise permit allowing otherwise restricted construction activity. The applicant must show that compliance would cause unreasonable hardship, generally apply at least 20 days before the noise begins (a deadline the police chief may waive), and accept permit conditions. Permits lasting 21 consecutive days or less may be issued by the police chief; longer permits are generally considered by the municipal assembly, and no initial permit may exceed one year. Construction noise permits and application rules

Sources

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