Ouachita County
Anti-Data Center Policies
Ouachita County requires data centers to study and control noise, give advance notice, test annually, and meet noise limits before operating. These rules may add costs or delay or prevent operation, but do not ban data centers.
current law · County measureRequires data centers in unincorporated areas to limit noise and complete sound studies before and during operation.Ouachita County data center noise attenuation ordinance (2023)
What this means
The measure requires noise studies, advance notice, sound-control plans, annual testing, and compliance with noise limits before a data center can operate (ordinance). These requirements add costs and could delay or prevent operation if a facility cannot meet the limits, but they do not ban data centers outright.
People behind it
- Ouachita County Quorum Court
County legislative body that enacted and unanimously passed the ordinance concerning external noise attenuation and data centers.
- County Judge
Receives required notices, noise studies, and building plans and approves the ordinance.
- County Clerk
Receives and files required notices, noise studies, and building plans.
Restrictions & requirementsHide restrictions & requirements18
A data center must obtain approval through the county permitting process before it may be built or operated.
The approval process requires public notice and a public hearing.
Before construction or operation, the owner and operator must notify all residents and homeowners' associations within one-half mile of the parcel, file proof of notice with the county clerk within 30 days, and notify the county judge. notify all residents within a half-mile radius
Data centers must meet specified site requirements, including setbacks from neighboring properties or residences.
The operator must address impacts on utilities and infrastructure, including electricity, water, roads, and drainage.
The facility must provide security, fencing, and screening measures.
All data centers must be designed and built with external noise-attenuation measures. All Data Centers constructed within this jurisdiction
Before construction, the owner must obtain a noise-attenuation building plan from a third-party architectural or design firm, submit it to the county judge and clerk within 30 days of completion, and include measures sufficient to meet the ordinance's noise limits. develop a building plan that includes necessary noise attenuation measures
Mechanical equipment must be shown on the proposed plan and fully screened; equipment not screened by the building facade must be enclosed by a visually solid fence, screen wall, panel, or parapet wall compatible with the facade. Mechanical equipment must be shown on any proposed plan and must be fully screened on all sides
The property owner must obtain a third-party acoustic-engineer baseline sound study, including measurements at eight locations along the property line, and file it with the county judge and clerk within 30 days of completion. conduct a sound study performed by a third-party acoustic engineer
After construction, the operator must pay for and obtain a third-party postconstruction noise study with all HVAC units and generators operating at full capacity, using the same eight measurement locations, and file it within 30 days of completion. postconstruction noise study performed by a third-party acoustic engineer
A data center may not begin operating until the postconstruction study is completed, filed, and shows compliance; if it fails, operations must wait until required attenuation measures and noise limits are met. shall not begin operations until the completion of the postconstruction noise study
The operator must conduct annual noise studies under the baseline and postconstruction-study specifications and file the results within 30 days after each anniversary of the first sound-study report. conduct annual noise studies
Noise 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 by a third-party acoustic engineer. 65 dba or higher during the hours of 8 A.M. to 10 PM. or 55 dBa or higher during the hours of 10 PM. to 8 A.M.
Any addition, change, or expansion of a data center must comply with the noise-attenuation requirements and be submitted to the county judge and filed with the county clerk within 30 days of completing the report. Any additions, changes, or expansions of the Data Center must comply
The owner or operator must provide financial assurances or a decommissioning plan covering removal of the facility if operations cease.
Failure to incorporate approved attenuation measures, file required studies or plans within the specified 30-day periods, or otherwise comply is a violation, and a noncompliant data center may be subject to an injunction or stay preventing commencement of operations. All data centers shall be in compliance with the requirements of this Ordinance before commencing operation
Violations are misdemeanors punishable by a $1,000 fine per specified offense, $2,000 for a repeated offense, and $500 for each day a continuing violation remains; courts may also order an injunction, and citizens may pursue legal or equitable remedies. shall be punished by fine of $1,000
Benefits & exceptionsHide benefits & exceptions3
Data centers may operate in the county’s unincorporated areas if noise stays 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 line.
Owners do not have to adopt every noise-mitigation recommendation from the acoustic engineer if the building plan includes measures that a third-party architectural or design firm considers adequate for compliance.
Data centers may be added to, changed, or expanded, provided they meet the noise-attenuation requirements and submit the required reports and filings.
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