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Regbase

The Data Center Divide

Irwin County

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

Slightly Pro-Data Center Policies

Irwin County’s enacted ordinance, though described in future terms, requires water studies, utility approval, closed-loop cooling, lighting rules, inspections and fines; it adds costs and delays but does not ban data centers.

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

Specific to Irwin County only.

current law · Unincorporated areas
Requires Irwin County data centers to follow rules on where they can be built and approved, how they use and manage water, what utility needs they report, outdoor lighting, and inspections and fines.Irwin County Ordinance No. 1 of 2026 — Data Centers

What this means

The measure would add meaningful costs and possible delays by requiring water-use studies and utility approval before opening, along with closed-loop cooling and lighting rules. Inspections and fines add operating duties, but the requirements do not ban data centers.

Timing

Ends
180 days after adoption

The moratorium expires after 180 days from adoption. All other provisions remain in effect.

People behind it

  • Proposed, held the public hearing for, added provisions to, adopted, enacted, and passed the final data-center ordinance.

  • Responsible for administering the ordinance's zoning provisions.

  • Responsible for conducting reasonable inspections to verify compliance with the ordinance.

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  • Authorized to issue warnings or citations for ordinance violations.

  • Authorized to issue warnings or citations for ordinance violations.

Restrictions & requirementsHide restrictions & requirements15
  • Requires county approval before a data center may be constructed, expanded, or operated.

  • Requires public review and a public hearing as part of the data-center approval process.

  • Restricts data-center locations through zoning, site-layout, setback, buffering, and screening requirements.

  • Requires applicants to submit plans addressing utilities, water use, drainage, traffic, emergency access, and other infrastructure impacts.

  • Requires data centers to use only closed-loop cooling systems.

  • Prohibits discharge of cooling water into public sewers or onto the ground unless the water is treated.

  • Requires an independent third-party hydrogeologic study estimating annual water use and comparing it with the prior property user or similar surrounding areas before issuance of a certificate of occupancy.

  • Requires a utility-provider letter of intent confirming preliminary coordination and the feasibility of electrical service, subject to final engineering, before issuance of a certificate of occupancy.

  • Imposes operating requirements for noise, security, fencing, landscaping, backup generators, and other equipment.

  • Requires exterior lighting to use full-cutoff, fully shielded fixtures with zero uplight, preserve existing night-sky darkness, and prevent light trespass; lighting must be at least four times its mounting height from adjacent property lines, no higher than 20 feet above finished grade, and no more than 0.05 footcandles at ground level along property lines adjoining residential uses.

  • Requires financial assurances or other measures for decommissioning and removing a data center if it is abandoned or ceases operation.

  • Makes data-center applicants responsible for specified application, review, inspection, and related permitting costs.

  • Allows county or authorized-agent inspections at times and intervals determined by the county to verify compliance.

  • Treats violations as infractions, with each day or incident constituting a separate violation.

  • Allows fines of up to $1,000 per day for continuing violations, in addition to other relief permitted by Georgia law.

Benefits & exceptionsHide benefits & exceptions7
  • Allows data centers as a permitted use in designated zoning districts, subject to the ordinance’s approval requirements.

  • Provides an expedited or administrative permitting process for qualifying data-center projects instead of requiring a separate legislative zoning change.

  • Allows an applicant or data-center owner, before receiving a certificate of occupancy, to submit a letter of intent from the applicable utility provider confirming preliminary coordination and the feasibility of utility service, subject to final engineering.

  • Permits data centers to use public sewer service when available.

  • Allows data centers to operate closed-loop cooling systems, subject to the ordinance’s water-use standards.

  • Allows electrical and energy infrastructure serving a data center, subject to the ordinance’s electrical and energy standards.

  • Provides compliance and enforcement procedures allowing a data center to continue operating while violations are addressed through notice, corrective action, or other specified enforcement steps.

Sources

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