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The Data Center Divide

Polk County

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

Slightly Pro-Data Center Policies

Polk County’s ordinance is labeled enacted, though its description calls it a proposal; it requires hearings, utility assurances, noise and environmental reports, and decommissioning plans, plus a 60-day moratorium and strict operating rules, but does not permanently ban data centers.

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

Specific to Polk County only.

current law · County measure
Requires new data centers in Polk County to obtain county approval and meet standards for design, noise, water and power capacity, environmental protection, safety, security, and eventual decommissioning; the county also approved a 60-day moratorium on data centers.Polk County, Georgia Ordinance amending Chapter 33 — Data Centers (2026)

What this means

The proposal would make data center projects significantly harder by requiring public hearings, utility assurances, noise and environmental reports, and a decommissioning plan (public hearing and approval). It also adds a 60-day moratorium and strict design and operating rules, though it does not permanently ban data centers (60-day moratorium).

Timing

Ends
60 days after adoption

The March 3, 2026 meeting minutes state that approval included a 60-day moratorium on all data centers. The sources do not state a separate calendar expiration date. The Chapter 33 data-center regulations remain in effect.

People behind it

  • Moved to approve the ordinance amendment adding Chapter 33 on data centers, including a 60-day moratorium.

  • Seconded the motion to approve the ordinance amendment.

  • Governing authority that approved and enacted the ordinance amendment.

Restrictions & requirementsHide restrictions & requirements23
  • A 60-day moratorium on all data centers was approved, temporarily preventing their development during the moratorium period. addition of a 60-day moratorium on all data centers

  • No data center may be developed without a public hearing and approval by the Board of Commissioners, and an official site plan review must occur before building permits are issued. No data center may be developed without a public hearing and approval

  • Data centers must comply with applicable local, state, and federal requirements, including Georgia's proposed DRI rules for technological facilities requiring disclosure of projected energy and water demands. Georgia's proposed DRI rules

  • All structures must have permanent concrete foundations, use compliant exterior facades, and may not use shipping containers, railroad cars, semi-truck trailers, or similar storage units. Use of shipping containers, railroad cars, semi-truck trailers, or similar storage units are prohibited

  • Road-facing exterior facades must consist of at least 70% stone or masonry products. Exterior facades facing the roadway shall consist of 70% or more of stone or masonry products

  • Mechanical equipment must be screened with fencing, and rooftop equipment must be screened with parapets. All mechanical equipment shall be fully screened with fencing

  • Before permits are issued, the applicant must provide full utility availability statements for water, sewer, natural gas, and electricity from the relevant utility companies, and a cooling system is required. Full utility availability statements

  • Data centers may not exceed 60 dBA from 7 a.m. to 10 p.m. or 50 dBA from 10 p.m. to 7 a.m. at the nearest listed sensitive use, including a residence, school, religious institution, hospital, or public park. shall not cause or permit noise exceeding 60dBA

  • Before receiving a certificate of occupancy, the operator must submit written verification from a licensed noise-control engineer, based on Type 1 sound-level meters with 15-minute averaging; the applicant must pay for the study. written verification must be submitted

  • The County may require additional noise barriers or mitigation devices. Additional barriers or mitigation devices may be required

  • Generator testing is limited to Monday through Friday between 9 a.m. and 5 p.m. Generator testing shall only take place Monday Friday

  • Before a permit is issued, the applicant must obtain written confirmation from the Polk County Water Authority that the facility will not impair local water supply during droughts or peak-demand periods. will not impair local water supply during droughts or peak demand times

  • Before a permit is issued, the applicant must obtain written confirmation from the electrical utility provider that sufficient grid capacity exists for peak-hour demand, including redundancy for outages. sufficient grid capacity for peak-hour demands

  • All electrical equipment must be housed in electrically grounded structures with fire-rated enclosures providing at least 30 minutes of resistance and automatic fire baffles. minimum of 30-minute resistance

  • For facilities larger than 100,000 square feet, a licensed environmental engineer must submit a report before the building permit is issued evaluating water withdrawal, energy demand, and runoff. For facilities over 100,000 square feet

  • No air emissions, dust, smoke, glare, heat, or humidity may extend beyond the property lines. No emissions (air, dust, smoke, glare, heat, or humidity) is permitted beyond property lines

  • Data centers must install active clean-agent fire-suppression systems and high-sensitivity smoke detectors. active clean-agent fire suppression systems

  • Data centers must provide an exterior emergency electrical termination switch that is clearly accessible for public-safety use. exterior emergency electrical termination switch

  • An 8-foot security fence is required around the perimeter of the primary data-center structure. 8-foot security fence

  • Each facility must install a Knox Box and display 24-hour emergency-contact signage at the entrance of the primary structure. display 24-hour emergency contact signage

  • Before any building permit is issued for the site, the owner or developer must submit a decommissioning plan to the Planning and Zoning Department covering the timeline, hazardous-material handling and disposal, site remediation, and health and safety measures. must submit a decommissioning plan

  • The County may obtain an independent assessment of the decommissioning plan to verify regulatory and industry-standard compliance. County reserves the right to have an independent assessment

  • Violations may result in warnings and citations, with fines of up to $1,000 per day for each violation. fine up to $1,000 per day for each violation

Benefits & exceptionsHide benefits & exceptions5
  • Existing data centers are not covered by this chapter: it applies only to data centers constructed after the chapter’s effective date. all data centers constructed after the effective date

  • Prefabricated structures are expressly permitted, provided they have permanent concrete foundations, compliant exterior facades, and do not use shipping containers, railroad cars, trailers, or similar storage units. Pre-fabricated structures are permitted

  • The ordinance creates a formal utility-documentation pathway at permitting: relevant utility companies must provide statements addressing water, sewer, natural gas, and electricity availability when the permit is issued. Full utility availability statements

  • A facility may proceed through permitting when the Polk County Water Authority verifies that it will not impair local water supply during droughts or peak-demand periods and the electrical provider verifies sufficient peak-hour grid capacity, including outage redundancy. sufficient grid capacity for peak-hour demands

  • The additional environmental-engineering report is required only for facilities over 100,000 square feet; facilities at or below that size are not subject to this specific report requirement. facilities over 100,000 square feet

Sources

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