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The Data Center Divide

Arkansas County

Anti-Data Center Policies

Arkansas County’s enacted mining-specific rules make operations harder through stricter noise and other requirements, but do not ban facilities; earlier noise limits also remain in place.

current law · County measure
Limits data-mining facilities to 65 decibels during the day and 55 at night; the county’s stricter October amendment was later blocked and rescinded.Arkansas County Data Center Sound Ordinance (July 2023)

What this means

The county ordinance added stricter noise and other rules aimed specifically at digital-asset mining, and the court said the noise limit could be impossible to meet if background noise counted (the October ordinance’s noise requirements). That would make operating a facility significantly harder, though it was not a ban on building one; the county’s earlier 65-decibel daytime and 55-decibel nighttime limits were still in place (the original limits).

People behind it

  • Adopted the original noise rules, amended them in October 2023, and later adopted an ordinance formally rescinding the October amendment.

Restrictions & requirementsHide restrictions & requirements1

  • The county’s noise ordinance set operating limits of 65 decibels during the day and 55 decibels at night; the October amendment lowered the decibel limits for data-mining facilities, but the sources do not specify the amended thresholds. The original ordinance was for 65 decibels in a day and 55 decibels at night.

Benefits & exceptionsHide benefits & exceptions8

  • Defendants may not enact or enforce a law or practice that intentionally or effectively imposes an unlawful or retaliatory discriminatory industry-specific regulation or tax directed against Jones Digital. The restriction applies to discriminatory regulation or tax

  • This protection is independent of Act 851 and is not limited by amendments to that act or later-enacted state statutes. The restraint arises independently from Act 851

  • Defendants may not unlawfully or retaliatorily inhibit, constrain, or interfere with Jones Digital’s lawful business operations in Arkansas County, or attempt to do so. The provision protects lawful business operations

  • Defendants may not act in concert with others to unlawfully or retaliatorily interfere with Jones Digital’s lawful operations in Arkansas County. Defendants shall not act in concert

  • Defendants may not take retaliatory action or inaction against Jones Digital, or its employees, agents, lessors, or vendors, for seeking redress in the lawsuit. The protection covers the company and listed associates

  • Defendants may not unlawfully or retaliatorily interfere with Jones Digital’s access to utility services generally available to commercial actors in Arkansas County. The provision protects access to generally available utility services

  • Defendants must indemnify Jones Digital for costs, fees, and damages from certain civil actions concerning its lawful operations if a defendant, another Arkansas County elected official, or a person acting in concert with them directed, encouraged, or facilitated the action. The provision excludes actions brought by the State of Arkansas and also covers costs, fees, and damages after a successful action to enforce the decree or injunction. The decree sets out the indemnity and its limits

  • Defendants must pay Jones Digital $90,000 for fees and costs, including reasonable attorneys’ fees, within 14 calendar days after the decree is entered. The decree requires payment of $90,000

Sources

Specific to Arkansas County only.

repealed · Unincorporated areas
Requires data centers in unincorporated Arkansas County to notify nearby residents, conduct noise studies, use noise-reduction measures, and meet daytime and nighttime noise limits.Arkansas County Data Center Sound Ordinance Amendment (October 10, 2023)

What this means

The ordinance would require data centers to give nearby residents notice, commission sound studies, submit noise-control plans, and complete a compliant post-construction study before operating; it also requires annual noise studies. These steps add costs and could delay opening or expansion, but they do not prohibit data centers outright.

People behind it

  • Enacted the data-center noise ordinance.

Restrictions & requirementsHide restrictions & requirements10

  • Before construction or operation, the owner and operator must notify residents and homeowners’ associations within a half-mile of the property, notify the County Judge of the proposed location, and file proof of resident notification with the County Clerk within 30 days. Notice residents within a half-mile radius

  • Before construction, the property owner must obtain a baseline sound study from a third-party acoustic engineer, measuring at eight specified points along the property line and including mitigation recommendations. The report must be provided to the County Judge and filed with the County Clerk within 30 days of completion. Conduct a sound study

  • The owner must consult a third-party architectural or design firm to prepare a building plan with noise-attenuation measures, then provide the plan to the County Judge and file it with the County Clerk within 30 days of completion and before construction. Consult with a third-party architectural or design firm

  • Mechanical equipment must appear on the proposed plan and be fully screened on all sides; equipment not screened by the building façade must be screened by a visually solid fence, wall, panel, or parapet compatible with the building’s design. Mechanical equipment must be shown

  • After construction, the operator must pay for a third-party acoustic engineer to study noise with mechanical equipment running at full capacity, including HVAC units and generators, at the same eight property-line locations. The study must be submitted to the County Judge and filed with the County Clerk within 30 days of completion. Upon the Data Center’s completion

  • A data center cannot begin operating until the post-construction study has been completed and submitted, and its results show compliance with the ordinance’s noise requirements. If the study shows noncompliance, operation must wait until required attenuation measures and noise limits are met. shall not begin operations

  • The operator must conduct annual noise studies under the baseline and post-construction study specifications and provide and file the results within 30 days after the anniversary of the first study report. conduct annual noise studies

  • Noise from a data center may not reach 65 dBA or higher from 8 a.m. to 10 p.m., or 55 dBA or higher from 10 p.m. to 8 a.m., measured at the receiving property’s property line. 65 dBA or higher

  • Additions, changes, and expansions must meet the ordinance’s noise-attenuation requirements, be designed accordingly, and have the required materials submitted to the County Judge and filed with the County Clerk within 30 days of completion of the report. Any additions, changes, or expansions

  • Violations can result in a misdemeanor conviction and a fine of $1,000 per specified offense, doubled for a repeat offense; a continuing violation carries a $500-per-day penalty, and a court injunction may be sought if it continues after conviction. fine of $1,000

Benefits & exceptionsHide benefits & exceptions6

  • Defendants are permanently barred from enacting, enforcing, or carrying out laws or practices that unlawfully or retaliatorily impose discriminatory, industry-specific regulations or taxes on Jones Digital. The restriction is stated to operate independently of Act 851 and not be limited by later amendments or state statutes.

  • Defendants may not unlawfully or retaliatorily interfere with, or attempt to interfere with, Jones Digital’s lawful business operations in Arkansas County, or act in concert with others to do so.

  • Defendants may not unlawfully or retaliatorily interfere with Jones Digital’s access to utility services generally available to commercial actors in Arkansas County.

  • Defendants must pay Jones Digital $90,000 for fees and costs, including reasonable attorneys’ fees, within 14 calendar days after the decree is entered.

  • Defendants must indemnify Jones Digital for costs, fees, and damages from certain civil actions concerning its lawful county business if a defendant, another county elected official, or someone acting in concert with them directed, encouraged, or facilitated the action. This does not cover actions brought by the State of Arkansas. The decree also provides indemnification for costs, fees, and damages after a successful action to enforce it.

  • The decree’s protections apply to defendants’ successors-in-interest, and its terms also benefit any successor-in-interest of Jones Digital.

Sources

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