The ordinance applies to noise disturbance originating in unincorporated Baxter County and requires data centers built within its jurisdiction to include external noise attenuation measures. applies to limit the noise disturbance

Before construction or operation, the owner and operator must notify residents and homeowners’ associations within a half-mile of the parcel, notify the County Judge, and file proof of resident notification with the county clerk within 30 days after giving notice. notify all residents within a halfmile radius

The property owner must obtain a baseline sound study from a third-party acoustic engineer, measuring at eight locations on 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. sound study performed by a third-party acoustic engineer

Before construction, the owner must consult a third-party architectural or design firm on a building plan with noise attenuation measures, and provide the plan to the County Judge and file it with the county clerk within 30 days of completion. consult with a third-party architectural or design firm

Mechanical equipment must be fully screened on all sides; equipment not screened by the building façade must have a visually solid fence, screen wall, panel, or parapet wall. must be fully screened on all sides

Additions, changes, and expansions must meet the ordinance’s noise-attenuation requirements and be designed and submitted to the County Judge and filed with the county clerk. Any additions, changes, or expansions

After construction, the operator must obtain a third-party acoustic engineer’s study with mechanical equipment running at full capacity, using the original eight measurement locations, and submit the report to the County Judge and county clerk within 30 days. The center cannot begin operating until the study is completed and submitted, and its results show compliance. shall not begin operations until the completion

The operator must conduct annual noise studies under the baseline and post-construction study requirements and submit the results within 30 days after the anniversary of the first sound-study report. must conduct annual noise studies

Noise from a data center is prohibited from reaching 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 line. 65 dBa or higher during the hours of 8 A.M. to 10 P.M.

Violations can result in misdemeanor penalties: a $1,000 fine for an offense, double that amount for a repeat offense, and $500 per day for a continuing violation. A noncompliant center must cease operations until it meets the requirements; an injunction may also be sought. shall cease operations

A data center’s noise plan does not have to adopt all recommendations from the acoustic engineer’s study; it may use noise-attenuation measures the third-party design firm considers adequate to meet the ordinance.