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Regbase

The Data Center Divide

Clarke County

Slightly Pro-Data Center Policies

Georgia offers qualifying data centers sales-tax breaks on equipment through 2031, subject to investment, job, and reporting requirements, with repayment and interest possible if targets are missed. Large new power users may also face extra charges and stricter billing terms.

Rating and summary from Georgia statewide as there are no scored current or future laws outside temporary restrictions for Clarke County.

Specific to Clarke County only.

expired · County measure
Prohibits new data centers in Athens-Clarke County during a temporary moratorium, while allowing legally vested or already-operating facilities to continue; the county approved an extension on March 3, 2026.Athens-Clarke County Ordinance 25-12-117 (2025)

What this means

If enacted, the measure would temporarily stop new data centers from being established; the original moratorium ran through March 6, 2026, and the March agenda records approval of an extension. Existing data centers with vested rights or operations that began before the moratorium are protected, but the extension’s duration is not given in these sources.

Timing

Ends
2026-03-06 at 23:59

The original moratorium expires on 2026-03-06 at 23:59, unless it ends earlier by majority Commission action or effective Title 9 amendments. The March 3, 2026 agenda shows that an extension was approved, but the provided source does not state the extension's new expiration date. The moratorium may also be extended further if deemed necessary.

People behind it

  • Applied for and would administer the 2025 Byrne Justice Assistance Grant supporting four police investigator positions.

  • Authorized to commence judicial in rem tax-foreclosure proceedings and file the related court petitions.

  • Applicant representative for the rezoning request at 255 Smithonia Road.

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  • Applicant representative for the rezoning request at 255 Smithonia Road.

  • Owner identified in connection with the rezoning request at 255 Smithonia Road.

  • Applicant representative for the master planned development request at 2415 Jefferson Road.

  • Applicant representative for the master planned development request at 2415 Jefferson Road.

  • Owner and applicant party for the master planned development request at 2415 Jefferson Road.

  • Applicants for the special-use permits for short-term rentals at 250 Little Street, Units A208 and A303.

  • Owner and applicant party for the special-use permits at 250 Little Street, Units A208 and A303.

  • Applicant representative for the rezoning and special-use requests at 115 McClung Road.

  • Applicant representative for the rezoning and special-use requests at 115 McClung Road.

  • Owner and applicant party for the rezoning and special-use requests at 115 McClung Road.

  • Applicant representative for the rezoning request at 1065, 1075, and 1085 Hull Road.

  • Applicant representative for the rezoning request at 1065, 1075, and 1085 Hull Road.

  • Owner and applicant party for the rezoning request at 1065, 1075, and 1085 Hull Road.

  • Proposed the Title IX amendments concerning short-term rentals and the data-center zoning amendment and introduced the temporary data-center moratorium.

  • Introduced the temporary data-center moratorium ordinance.

  • Seconded the motion introducing the temporary data-center moratorium ordinance.

  • Charged with considering and developing zoning and land-use standards related to data centers.

  • Authorized, together with designated staff, to enforce and implement the temporary data-center moratorium.

  • Applicant representative for the special-use request at 166 W. Clayton Street.

  • Owner identified in connection with the special-use request at 166 W. Clayton Street.

  • Applicant representative for the special-use and variance requests at 458 E. Clayton Street.

  • Owner identified in connection with the special-use and variance requests at 458 E. Clayton Street.

  • Applicant representative for the rezoning request at 295 E. Dougherty Street.

  • Applicant representative for the rezoning request at 295 E. Dougherty Street.

  • Owner and applicant party for the rezoning request at 295 E. Dougherty Street.

Restrictions & requirementsHide restrictions & requirements3

  • A temporary moratorium prohibits the establishment of new data centers in Athens-Clarke County through March 6, 2026, at 11:59 p.m. The moratorium may end earlier if the Commission terminates it or data-center zoning amendments take effect, and it may be extended.

  • The moratorium applies broadly to facilities or portions of facilities with any floor area devoted to commercial data-processing or computing equipment, including cryptocurrency mining, data mining, cloud computing and storage, and artificial intelligence.

  • Data centers with legally vested operating rights, and data-center operations that legitimately began before the moratorium’s effective date, are exempt from the moratorium; however, the property owner bears the burden of proving the vested entitlement or prior lawful operation.

Benefits & exceptionsHide benefits & exceptions3

  • The moratorium does not apply to spaces primarily devoted to otherwise permitted commercial uses, including professional services and offices, retail sales and service, wholesale sales, and warehouses.

  • The moratorium does not affect property where the right to operate a data center has already become legally vested.

  • The moratorium does not disturb or hinder data center operations that legitimately began before the ordinance’s effective date.

Sources

Specific to Clarke County only.

expired · County measure
Defines data centers broadly, including facilities that host IT equipment and supporting systems, while excluding server rooms used by an organization for its own equipment.Athens-Clarke County Ordinance 26-03-19 (2026)

What this means

This section defines what counts as a data center and distinguishes it from a server room, but it does not set rules that limit or encourage development or operation. The data center definition alone has no meaningful practical effect.

Benefits & exceptionsHide benefits & exceptions5

  • Data centers are expressly recognized as a land-use category. The definition includes enterprise, colocation, hyperscale, and edge facilities; supporting cooling, uninterruptible power supply systems, standby generators, and fuel storage; and both stationary and mobile facilities. Data centers may be either primary or auxiliary uses.

  • Utility substations serving power transmission, natural gas, telephone, telecommunications, water, or sewer may be located in any zoning district and are exempt from the requirements listed in Chapter 9-17. Self-contained equipment such as pad-mounted transformers and cross-boxes is also allowed in any district and exempt from those requirements.

  • The code recognizes onsite power generation at the location where electricity is consumed, including gas or diesel generators, solar panels, combined heat and power systems, and geothermal energy. This provides an expressly defined category for on-site data-center power infrastructure.

  • The overall structure-height limitation does not apply to rooftop mechanical equipment, including heating and air-conditioning equipment and other listed building-support equipment. This exemption can apply to qualifying rooftop equipment serving a data-center structure.

  • Basic utilities include electricity, natural gas, telephone, water, and sewer infrastructure and associated structures, provided the gross area of those services and structures does not exceed 5,000 square feet. Telecommunications towers and structures associated with their operation are excluded from this definition.

Sources

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