Data centers must be designed and built with external noise attenuation measures. The owner must consult an architectural or design firm on an attenuation plan, and mechanical equipment must be shown on the plan and screened on all sides. (noise attenuation measures)

Before construction or operation, the owner and operator must notify residents and homeowners’ associations within a half-mile of the parcel and notify the county judge. Proof of resident and association notice must be filed with the county clerk within 30 days of giving notice. (within a half-mile radius)

The property owner must obtain a baseline sound study from a third-party acoustic engineer, including measurements at eight locations on the property line and mitigation recommendations. The report must be provided to the county judge and filed with the county clerk within 30 days of completion. (third-party acoustic engineer)

The building plan must be provided to the county judge and filed with the county clerk within 30 days of completion and before construction. Additions, changes, and expansions must also meet the ordinance’s noise-attenuation requirements and be submitted to the county judge and clerk. (prior to construction)

The operator must obtain a post-construction noise study from a third-party acoustic engineer, measuring the data center with mechanical equipment running at full capacity. The study must be provided to the county judge and filed with the clerk within 30 days of completion. The data center cannot begin operating until the study is completed and submitted, and its results show compliance. (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 sound-study report. (conduct annual noise studies)

Noise from a data center must remain below 65 dBA from 8 a.m. to 10 p.m. and below 55 dBA from 10 p.m. to 8 a.m., measured at the receiving property’s property line. (65 dBa or higher)

Operating before compliance can result in an injunction or stay on commencing operation; a noncompliant data center must cease operations until required attenuation measures are implemented and noise limits are met. (shall cease operations)

Violations are misdemeanors and may bring a $1,000 fine per specified offense, double that amount for a repeated offense, or $500 for each day a continuous violation continues. The county or a citizen may also pursue legal or equitable remedies, including injunctions and civil damages. (fine of $1,000)

Design flexibility: the owner need not adopt all noise-mitigation recommendations from the acoustic engineer if the architectural or design firm considers the proposed measures adequate to comply with the ordinance (the plan is not required to adopt any or all recommendations).