Loading map…
Regbase

The Data Center Divide

Habersham County

Anti-Data Center Policies

Habersham County requires data centers to obtain special-use permits and meet strict location, noise, water, fire-safety, and public-notice rules, including certain 1,000-foot setbacks and closed-loop cooling.

current law · Unincorporated areas
Requires data center projects and associated power plants to get county special-use approval and follow rules on location, noise, water and power needs, fire safety, and cleanup when they close.Habersham County Unified Development Ordinance (2026)

What this means

Data centers could still be built, but each would need a special-use permit and meet demanding rules for location, noise, water, fire safety, and public notice. Requirements such as 1,000-foot setbacks from certain uses and closed-loop cooling could make projects significantly harder and more costly.

People behind it

  • Habersham County Planning Director who developed and presented the proposed Unified Development Ordinance.

  • Made the motion to approve the Unified Development Ordinance and the FLOST intergovernmental agreements.

  • Seconded approval of the Unified Development Ordinance and sponsored motions approving the proposed zoning map and FLOST resolution.

Show 6 more peopleShow fewer people
  • Seconded approval of the proposed zoning map and FLOST intergovernmental agreements and sponsored the motion approving the FLOST resolution.

  • Habersham County Manager who presented and administered the proposed FLOST/PTRLOST referendum and intergovernmental agreement.

  • Adopted the Unified Development Ordinance, zoning map, FLOST intergovernmental agreements, and resolution calling the FLOST election; it is the governing body responsible for final action on related zoning matters.

  • Chairman authorized to execute the FLOST intergovernmental agreement on behalf of Habersham County.

  • Maintains and implements the county’s land development and land use regulations, including administering standards and processing development applications under the measure.

  • Responsible for implementing and finally interpreting the Unified Development Ordinance, administering its standards, and reviewing or processing applications under it.

Restrictions & requirementsHide restrictions & requirements24
  • Data centers and data center power plants may not operate unless explicitly approved by the Board of Commissioners through a special-use permit: explicitly approved ... via issuance of a special use permit.

  • The special-use-permit application must be complete and include approximately four pages of supporting information before staff will schedule the hearing.

  • A data center power plant must be located on a lot of at least 20 acres, and a data center must be located on a lot of at least five acres: No data center power plant shall be erected on any lot less than twenty acres.

  • Data center and power plant structures must be at least 60 feet or 1.25 times the structure height from property lines and public rights-of-way, whichever is greater, and at least 1,000 feet from residentially zoned lots, existing residences, schools, churches, parks, rivers, trout streams, and historic sources: must be located at least one thousand feet from.

  • The maximum height of data center structures is established through the special-use-permit process, although structures 35 feet or less are always permitted: maximum height for all structures shall be established through the special use permit process.

  • Data centers and power plants must provide perimeter security or livestock fencing, with the fence height and material established through the special-use-permit process, and must provide Knox boxes and keys for emergency access: an appropriate security/livestock fence.

  • Before construction or operation, the owner must obtain a third-party acoustic-engineer baseline noise study measuring eight locations around the site and submit it to the County within 30 days of completion: conduct a sound study performed by a third-party acoustic engineer.

  • Before construction, the owner must consult a third-party acoustical engineer and submit a noise-attenuation building plan using measures such as soundproofing, screens, enclosures, or buffer yards: develop a building plan that includes necessary noise attenuation measures.

  • Operating noise is limited to 55 dBA at neighboring residentially zoned property lines, 50 dBA at existing neighboring residences from 9 p.m. to 7 a.m., and 65 dBA at project boundary lines, unless a written, legally binding agreement allows a higher boundary level and is submitted with the special-use-permit application: Fifty-five dBA.

  • Exterior appearance, mechanical equipment, landscaping, screening, and lighting are subject to special-use-permit review; mechanical equipment must be fully screened, and exterior lighting must be shielded and directed downward: Mechanical equipment must be shown on any proposed plan and must be fully screened on all sides.

  • Electrical interconnection and distribution lines smaller than 20 kV within the project boundary must be underground, unless the Board of Commissioners grants an exemption because of severe environmental constraints, distance, or other project factors: all electrical and interconnection and distribution lines smaller than twenty kV.

  • Applicants must submit a fire protection plan, maintain County-approved defensible space, and provide any specialized firefighting equipment or training required by the Emergency Services Director: prepare and submit a fire protection plan.

  • Data center projects must obtain all applicable federal, state, and County permits, including permits identified for data center power plants by the Georgia Environmental Protection Division and other agencies: required to obtain all necessary permits.

  • Emergency generators are allowed only as accessory equipment; they may not provide primary electrical generation or sell electricity commercially, must be disclosed in the special-use-permit application, and may be tested no more than 50 hours per generator per calendar year, excluding emergencies: shall be permitted only as accessory equipment.

  • Applicants must document projected initial and ultimate electrical demand, electrical-service sources, required infrastructure, and upgrades; the Board may condition or deny approval if demand or infrastructure needs would significantly affect public services or the electrical grid: documentation of the projected electrical demand.

  • A closed-loop water cooling system is required, and the applicant must provide a professional hydrologist's water-demand analysis; the Board may impose drought water-use caps or deny or condition approval for material impacts on water infrastructure or regional water resources: A closed-loop water cooling system is required.

  • The special-use-permit application must address project rationale, siting, environmental and wildlife impacts, scenic and historic resources, transportation, public safety, noise, hazardous waste, visual effects, and other probable significant impacts; significant visual impacts that cannot be adequately mitigated are grounds for denial: Significant visual impacts that cannot be adequately mitigated are grounds for denial.

  • The project must submit a transportation plan prepared by a licensed transportation engineer, including construction and operating traffic, oversized loads, roadway conditions, and required improvements; the County may require financial guarantees for roadway or infrastructure restoration: Transportation Plan shall be performed by a licensed Transportation Engineer.

  • Applicants must notify residents and homeowners associations within one-half mile of the site and hold two neighborhood meetings, with notice and an approved posted sign at least 15 days before each meeting: must schedule and attend two neighborhood meetings.

  • A decommissioning plan is required, covering triggers, removal, restoration, waste disposal, cost estimates, and financial assurance; the Board may require a bond, letter of credit, escrow, or other security sufficient to complete removal and restoration: submit a decommissioning plan.

  • After completion, the operator must conduct a full-capacity post-construction noise study and submit it within 10 days; operations may not begin until the study demonstrates compliance. Annual noise studies are also required and must be submitted within 10 days after each anniversary: shall not begin operations until the completion of the post-construction noise study.

  • A data center project exceeding the Development Impact Study thresholds, including commercial or industrial development over 2,000 square feet, more than 100 projected peak-hour trips, or a determination of potentially significant impacts, must submit a study covering transportation, utilities, schools, public safety, community compatibility, and neighboring impacts: Commercial or industrial developments exceeding 2,000 square feet.

  • The developer must fund, bond, or complete all improvements identified as necessary in the Development Impact Study before development approval is granted: No development approval shall be granted until.

  • A certificate of occupancy cannot be issued unless the data center complies with the section, including its noise requirements and required studies; violations may result in an injunction, a stay on operations, or denial of occupancy: before the county will issue a certificate of occupancy.

Benefits & exceptionsHide benefits & exceptions11
  • Data centers, including cryptocurrency-mining and similar digital-data operations, are recognized as a land-use category and may be proposed in the General Industrial District through a special use permit.

  • A data center may be treated as ancillary to another primary use when it occupies no more than 10% of the building footprint, serves only the on-site owner's enterprise functions, provides no leased services to third parties, and is not in a separate standalone structure; special-use-permit approval is still required.

  • Data-center and data-center-power-plant height is established through the special-use-permit process, with structures up to 35 feet expressly permitted.

  • For electrical interconnection and distribution lines within a data-center project boundary, lines smaller than 20 kV generally must be underground, while the Board of Commissioners may exempt lines larger than 20 kV from burial based on environmental, distance, or other project factors.

  • Special-use-permit applications for substations or transmission lines serving a data center are preferred for review with the data-center application, but may be reviewed later if project details are unavailable.

  • A neighboring property owner may agree in writing to a noise level above the ordinary 65 dBA project-boundary limit, subject to Board of Commissioners approval and a legally binding contract or easement lasting for the project's life.

  • Emergency backup generators are allowed as accessory equipment for a data center, but may not be used for primary generation or commercial electricity sales; testing is limited to 50 hours per calendar year per generator, excluding emergency operations.

  • A valid, complete legislative or quasi-judicial application submitted before the UDO's effective date may proceed under the prior ordinance at the applicant's option, subject to application-validity and expiration requirements.

  • A valid, complete land-disturbance or building-permit application submitted before the UDO's effective date, or a permit issued before that date, may proceed under the prior ordinance at the applicant's option, subject to commencement, expiration, diligent-pursuit, and strict-compliance requirements.

  • When multiple related applications are required and at least one was lawfully filed before the UDO's effective date, the related applications may be reviewed under the prior ordinance if ownership and applicants remain the same or are properly assigned, the project remains substantially conforming, the related applications are filed within 24 months with a possible 12-month extension, and the applications were identified as related.

  • Conditions attached to previously approved legislative or quasi-judicial decisions remain in force after the UDO is adopted, and those districts and conditions are not treated as nonconforming; later amendments must comply with the current UDO.

Sources

Data provided by Regbase · Cookie preferences · Report missing data