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The Data Center Divide

Brantley County

This restriction takes precedence while in effect. The rating below excludes temporary restrictions.

Neutral Data Center Policies

Brantley County prohibits data centers on a roughly 103-acre site for at least 20 years; elsewhere, unlisted uses are prohibited, creating uncertainty about approval.

current law · Unincorporated areas
Applies general zoning and permitting rules to development but does not specifically regulate data centers.Brantley County Land Use Ordinance (2016)

What this means

The ordinance does not mention data centers, but it requires land uses to be specifically permitted and says unlisted uses are prohibited. That creates some uncertainty and possible approval hurdles, but the document does not impose data-center-specific restrictions.

People behind it

  • Enacted and adopted the Land Use Ordinance and retains authority over amendments, special exceptions, variances, and enforcement decisions.

  • Prepared the ordinance, reviewed proposed amendments, and provided recommendations to the County Commission.

  • Provided professional assistance in preparing the ordinance.

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  • Administers and enforces the ordinance, processes permits and applications, maintains records, and supports the Planning Commission and County Commission.

Restrictions & requirementsHide restrictions & requirements8
  • Data centers are not specifically listed in the permitted-use table. The ordinance provides that uses not designated as permitted by right or by special exception are not allowed, so a data center would require an applicable ordinance or zoning amendment before it could be established. Uses not specifically designated are not allowed.

  • No land or building may be used, and no building or structure may be constructed, moved, enlarged, or structurally altered, unless it conforms to the ordinance's requirements. No building, structure, or land shall be used or occupied.

  • A building/development permit is required before construction, erection, moving, demolition, or alteration. Applications must include a scaled plat or plan showing lot dimensions, building location, dwelling-unit information where applicable, setbacks, and other information needed to determine compliance. The permit becomes void if work does not begin within six months, or if work is suspended or abandoned for six months, subject to written extensions of up to six months each; unapproved site-plan deviations prevent issuance of a certificate of occupancy. A building/development permit issued by the Land Use Administrator.

  • A certificate of occupancy is required before a newly erected building may be occupied or used, and it will be issued only if the use conforms to the ordinance and the completed building substantially complies with the approved plans. A Certificate of Occupancy issued by the Land Use Administrator.

  • A building generally must be located on a lot that abuts an open public street or an approved private street meeting current county standards, although lots of record created before November 1, 2010 are exempt from this requirement. No building shall be erected on a lot that does not abut an open public street.

  • If a proposed data-center project qualifies as a Georgia Development of Regional Impact, it must be submitted to the Southern Georgia Regional Commission for review and recommendation before the county issues a building or development permit or utility tap. These developments, known as Developments of Regional Impact.

  • For development in the Light Industrial or Heavy Industrial districts, the project must be at least 500 feet from residential districts and 200 feet from agricultural districts. Development must be 500 feet from all Residential Districts.

  • In the Business Retail, Highway Commercial, Light Industrial, and Heavy Industrial districts, a six-foot-wide screened buffer is required along the entire length of a lot that abuts a residential district, including screening of associated parking. a six (6) foot wide buffer.

Benefits & exceptionsHide benefits & exceptions7
  • Planned Development Districts allow nonresidential or mixed-use projects of at least 10 acres to use flexible site designs, integrate compatible uses, preserve open space, and request deviations from standard development requirements. Approved planned-development plans and conditions control where they conflict with other county development regulations.

  • The Light Industrial district is intended for wholesale and light industrial uses that do not create excessive noise, odor, smoke, or dust, providing a district framework for qualifying large-scale nonresidential facilities. Development must be at least 500 feet from residential districts and 200 feet from agricultural districts.

  • The Heavy Industrial district provides a designated location for industrial uses that cannot comply with Light Industrial district regulations. Development must be at least 500 feet from residential districts and 200 feet from agricultural districts.

  • The ordinance permits variances from dimensional and development standards when unusual property conditions create unnecessary hardship, provided the variance is not contrary to the public interest and does not authorize a use prohibited in the district.

  • Existing lawful nonconforming uses and structures may continue, and a nonconforming use of a structure may be changed to a similar nonconforming use or a conforming use, subject to limits against greater traffic, noise, vibration, smoke, dust, fumes, intensity, or nuisance impacts.

  • A building or development permit remains valid if work begins within six months, and the Land Use Administrator may grant written extensions of up to six months at a time. This can provide additional time to commence construction after permitting.

  • The ordinance allows joint off-street parking facilities for two or more neighboring uses, provided the combined facility supplies at least the total number of spaces otherwise required.

Sources

Specific to Brantley County only.

current law · County measure: Parcel B048-108A, the property covered by the Development Authority's rezoning request, and Satilla Industrial Park
Requires county approval before a data center can be built under a proposed rule that is still a draft.Brantley County Industrial Park Rezoning Approval and OneGeorgia Grant Restriction

What this means

The measure bars data centers from a roughly 103-acre site for at least 20 years, a meaningful barrier to building there. Rural site grants could make some locations easier to develop, but they do not specifically target data centers, and the proposed special-approval rule’s impact is unclear.

Timing

Ends
at least 20 years

The moratorium restricts data centers, solar farms, and mini-storage facilities on the industrial park land for at least 20 years. The source does not specify when the period begins or provide a precise expiration date.

People behind it

  • Requested the rezoning and administered the related industrial-park development and grant process.

  • Introduced the motion to rezone parcel B048-108A from Agriculture to Heavy Industrial.

  • Seconded the motion to rezone parcel B048-108A from Agriculture to Heavy Industrial.

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  • Granted and approved the Development Authority’s rezoning request.

  • Presented the draft Data Center Ordinance for public review and comment and is responsible for its further review and consideration.

  • Scores and votes on eligible Rural Site Development Initiative grant awards and establishes applicable grant policies and requirements.

  • Works alongside communities implementing the initiative and administers applicable grant requirements.

Restrictions & requirementsHide restrictions & requirements4
  • The OneGeorgia grant condition prohibits locating a data center on the 102.98-acre industrial-park parcel for at least 20 years.

  • Before the property can receive GRAD certification, the Development Authority must complete engineering work, delineate wetlands, conduct endangered-species reviews, and address noise pollution and other required site-certification matters.

  • Heavy Industrial zoning requires the site to be at least 500 feet from residential districts and 200 feet from agricultural districts.

  • The proposed land-use amendment would classify data centers as a Special Exception, requiring special-exception land-use review and approval rather than allowing them as an ordinary permitted use.

Benefits & exceptionsHide benefits & exceptions4
  • Rezoning approval allows the property to be used for the proposed data-center development under applicable industrial zoning rules.

  • Rural Site Development Initiative grants may fund site-readiness improvements for qualifying industrial projects, including entry roads and other community infrastructure, subject to required community matching.

  • Eligible Rural Site Development Initiative grant uses include site studies, land grading, and other essential infrastructure for industrial-site development, subject to OneGeorgia Authority eligibility requirements and applicable laws and policies.

  • GRAD-certification scholarships may help eligible development authorities pay to certify, renew, or expand Georgia Ready for Accelerated Development industrial-site certification, subject to program requirements and approval.

Sources

Specific to Brantley County only.

pending · Properties approved for the Data Center Overlay District
Would require data centers in Brantley County to get special approval and meet rules for permits, setbacks, environmental safeguards, emergency planning, and cleanup when they close; the ordinance is still a draft.Proposed Amendment to the Brantley County Land Use Ordinance Adding Data Centers as a Special Exception Under Light Industrial Zoning

What this means

The proposal would make data-center projects much harder by requiring special zoning approval, extensive studies, large setbacks, and specific cooling and water systems. Limits on generators, plus required insurance and decommissioning funds, add major costs, though data centers would not be completely banned.

People behind it

  • Presented the draft Data Center Ordinance for public review, issued the regulation, and is responsible for enforcement.

  • Reviews proposed plans for compliance and monitors required reports and ongoing compliance; appointed by the County Commission.

  • May be appointed, contracted, or hired by the Board of Commissioners or its designee to oversee the ordinance and ensure its requirements are met.

Restrictions & requirementsHide restrictions & requirements44
  • The proposed land-use amendment would allow data centers in light-industrial zones only as a special exception.

  • In the Overlay District, only data centers, research and development facilities, and associated accessory uses are allowed (associated accessory uses only).

  • A use not listed as permitted by right or by special exception in a district is prohibited there, so a data center’s eligibility depends on how the County classifies the use and the district’s use schedule (uses not specifically indicated).

  • Obtaining Overlay District zoning requires review by the Planning Commission and Board of Commissioners, including a public hearing (subject to a public hearing).

  • The applicant must complete the Development of Regional Impact process with the Southern Georgia Regional Commission before submitting a building-permit or rezoning application (before any building permit or rezoning application). The land-use ordinance also requires regional review and recommendation before local permits or utility taps for projects meeting Georgia’s DRI criteria (official delay in the local permitting).

  • A land-disturbance permit and compliance with Georgia erosion and sediment-control requirements are required before building permits or land clearing (before any building permit or land clearing).

  • Construction, erection, moving, demolition, or alteration requires a building or development permit; applications must include a site plan and information showing compliance (building/development permit).

  • A permit becomes void if work does not begin within six months of issuance, or is suspended or abandoned for six months after starting; written extensions may be granted for periods of up to six months each (permit expiration).

  • A Certificate of Occupancy is required before a newly erected building is occupied or used, and before occupancy of a building altered in a way that affects its height or front, side, or rear yard (certificate required before occupancy).

  • A granted special exception must be executed within 12 months or it becomes void (12-month deadline).

  • After the County Commission denies a land-use district amendment for a parcel, another amendment application for that parcel cannot be accepted for at least six months (six-month waiting period).

  • Development-review applications received by 4 p.m. Tuesday enter that week’s processing schedule; later applications may be delayed based on availability or handled with the following week’s applications (Tuesday submittal cutoff).

  • Applications that do not meet minimum processing requirements are returned for correction, and qualifying applications are reviewed by relevant county and outside agencies (minimum requirements for processing).

  • The Planning Director determines whether an application materially meets applicable ordinances; applications that do may proceed to the next step and, when required, the next available Planning Commission or Board of Commissioners agenda (applicable requirements).

  • For projects in Light Industrial or Heavy Industrial districts, development must be at least 500 feet from residential districts and 200 feet from agricultural districts (industrial-district setbacks).

  • Overlay District buildings and associated structures generally must be at least 75 feet from property lines, or 500 feet next to residential or agricultural property; the latter distance may be reduced to 300 feet along a state highway or major arterial bordering the property (setback distances).

  • Overlay District building coverage is capped at 50%, height at 75 feet subject to a technical-necessity allowance, and road frontage must be at least 125 feet (coverage, height, and frontage limits).

  • Sites next to residential, agricultural, or public-use property must provide a landscaped buffer at least 125 feet wide; major and campus centers also face transitional-buffer, wall, and landscaping requirements (landscaped buffer).

  • Overlay District applications must include electrical-consumption and transmission-line impact assessments, noise studies, water-consumption and drought-management plans, sewer, stormwater and lighting plans, a tree plan, and a GDOT-compliant traffic study (required technical submissions).

  • If a site contains wetlands, Army Corps of Engineers permitting must be documented; fire-safety, lithium-battery suppression, and environmental compliance must be demonstrated before permit approval (compliance before permit approval).

  • The Board may require additional agreements it deems necessary (additional agreements).

  • Specified redevelopment requires a new permit, including replacement or repurposing for a medium, major, or campus data center, or an increase of more than 15% in impervious area or building footprint; alterations or expansions of existing permitted centers also require a new building permit (more than fifteen (15) percent).

  • HVAC equipment and generators must be screened and at least 100 feet from adjacent property lines, and servers and other listed equipment must be inside buildings (equipment placement).

  • Exterior lighting must be shielded and full-cutoff, poles may not exceed 25 feet, and light at property lines is limited to 0.5 foot-candles (lighting limits).

  • Parking must provide two spaces for every part-time and full-time employee (parking requirement).

  • Buildings must use specified durable materials and muted, non-reflective earth-tone finishes; shipping containers cannot be used for storage (building materials and storage restriction).

  • Substations must be screened from ground-level view from adjoining properties and public streets, and vehicles or materials cannot be stored in them (substation screening).

  • The water plan must address demand, drought vulnerability, conservation, and mitigation; developers must connect to public water if available, meter private wells, and obtain an EPD- and Board-approved withdrawal cap for each center (withdrawal cap).

  • All data centers must use closed-loop cooling and gray water for cooling; ethylene glycol and automotive antifreeze are prohibited (cooling requirements).

  • Before a building permit or business license, the applicant must obtain written utility-provider verification that supply and related electrical infrastructure can safely meet proposed maximum demand; installations require third-party inspection before occupancy (utility verification and inspection).

  • Operations may not emit detectable dust, smoke, glare, heat, or humidity beyond property lines; wells within one mile must undergo water-quality monitoring at the data center’s expense (well monitoring).

  • Server-farm structures must meet specified fire-protection requirements, including clean-agent suppression, smoke detection, an exterior emergency electrical shutoff, fire-rated containment, and engineered systems; lithium-ion installations also face containment, suppression, responder-training, planning, and annual-exercise requirements (fire-protection requirements).

  • Server-farm containment temperatures may not exceed 120°F, and people may not regularly work in areas above 90°F; when the average daily temperature is below 40°F, no more than 20% of mining heat may be released directly outside (temperature limits).

  • Garbage collection or delivery sites, landfills, and incinerators may not be developed within 10 miles of a data center site (10-mile restriction).

  • Generators are limited to backup or emergency use; testing is limited to weekdays from 9 a.m. to 5 p.m., for no more than two hours a day and once per calendar month, excluding federal holidays. Diesel generators must remain below 10% of annual primary operating time (generator limits).

  • The noise assessment must evaluate the site from 500 feet and specify mitigation if operating noise exceeds 50 dB by day or 45 dB at night at the property line; certified annual compliance reports are required (noise limits and reporting).

  • An SMR may be used for future power generation only with Nuclear Regulatory Commission and Public Service Commission approval (required approvals).

  • If natural-gas pipelines are unavailable, the developer must initiate the process to provide them (pipeline requirement).

  • Facilities must provide 24-hour emergency contact signage and maintain cybersecurity controls, staff training, documented programs, and regular penetration testing and vulnerability assessments (cybersecurity requirements).

  • Before construction, the operator must post financial assurance equal to net decommissioning costs plus 10%; an independent certified engineer must estimate costs after the first year and every five years thereafter (financial assurance before construction).

  • The operator must maintain general liability insurance of at least $3 million per occurrence and $3 million aggregate (insurance minimums).

  • Before operations begin, the business must obtain an occupation-tax business license; renewals require documentation showing annual compliance and monitoring (license requirement).

  • After official notice of abandonment, the owner must remove equipment within three months; noncompliance can lead to fines up to $10,000 per day per violation, permit revocation, legal action, or suspension of operations (three-month deadline and penalties).

  • A Planned Development application for a non-residential or mixed-use proposal requires at least ten acres, a stated $300 base application fee, at least 14% of gross acreage reserved as open space or outdoor recreation, and compliance with county street, parking, and utility standards without deviation (Planned Development requirements and fee).

Benefits & exceptionsHide benefits & exceptions13
  • A proposed land-use amendment would allow data centers as a special exception in light industrial zones.

  • The ordinance establishes a dedicated Overlay District for data centers, research and development facilities, and related accessory uses; projects remain subject to required zoning approval and a public hearing. The Overlay District is established

  • Permitted accessory uses include offices, storage, power supply, battery energy storage, security facilities, employee amenities, solar energy systems, and substations. Office, storage, power supply

  • A data center under 2,000 square feet may be an accessory use, and minor data centers under 20,000 square feet do not require a substation. Minor data centers shall be under 20,000 square feet

  • The usual 75-foot building-height limit may be exceeded when the Building and Zoning Department finds taller elements technically or mechanically necessary. may allow taller elements

  • The 500-foot setback from residentially or agriculturally zoned or used properties may be reduced to 300 feet along a boundary bordering a state highway or major arterial road. may be reduced to 300 feet

  • If public water is unavailable, a project may use wells, subject to applicable rules and a withdrawal cap approved during permitting. if public water is unavailable, wells may be installed

  • If public sanitary sewer is unavailable, a septic system may be installed under state and county environmental-health rules. a septic system may be installed

  • Natural gas may be used as part of a data center’s energy strategy; if a pipeline is not available, the developer must initiate the process to provide one, which may be addressed during site plan review. If natural gas pipelines are not already available

  • Backup or emergency generators are allowed, but testing is limited to once a month on weekdays from 9 a.m. to 5 p.m., for no more than two hours per day, and not on federal holidays; diesel generators may operate for less than 10% of annual primary operating time. generator use is limited to backup/emergency use only

  • Geothermal energy may be considered as a future power source if it becomes reliable and safe and receives Nuclear Regulatory Commission approval. could be considered a future power source

  • Small nuclear reactors may provide future power, subject to approval by the Nuclear Regulatory Commission and Public Service Commission. contingent upon approval by the NRC

  • The development-review manual coordinates application review: complete applications received by 4 p.m. Tuesday are generally handled on the weekly schedule, comments are due within a week of distribution, and county-agency comments within two weeks. The Review Coordinator may arrange meetings to resolve issues. This applies to development applications generally, and timing may depend on completeness and availability. The manual’s purpose is to facilitate development review.

Sources

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