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The Data Center Divide

Toombs County

Anti-Data Center Policies

Toombs County’s enacted ordinance requires permits, at least 10 acres, 500-foot setbacks, noise limits, utility approval, and decommissioning financial assurance, making projects harder but not banning them. The description’s “if enacted” wording conflicts with the listed enacted status.

current law · County measure
Requires new or modified data centers in Toombs County to obtain permits and meet siting, noise, environmental, safety, utility, and decommissioning requirements.Toombs County Cryptocurrency, Data Mining, and Data Centers Ordinance

What this means

If enacted, this would create significant hurdles for new or expanded data centers: it requires permits, a 10-acre minimum lot, 500-foot setbacks, strict noise limits, utility approval, and financial assurance for decommissioning (permit and site requirements). It does not ban data centers, but the combined costs and conditions could make projects much harder to build and operate.

People behind it

  • Adopted and approved the Cryptocurrency, Data Mining, and Data Center Ordinance and is responsible for administering related financial-assurance requirements.

  • Administers permit applications, inspections, approvals, compliance notices, permit revocations, and enforcement under the ordinance.

  • Receives timber-harvesting notices and surety bonds or letters of credit under the Timber Harvesting, Right of Way Protection and Bond Requirement Ordinance.

Restrictions & requirementsHide restrictions & requirements30
  • The ordinance applies to all data centers installed, constructed, or modified after its effective date. Existing facilities are generally exempt unless they are abandoned, expanded, closed, replaced, or altered. Applicability requirements

  • A data center may not be installed within one nautical mile of an airport or helipad without prior approval from the appropriate authority. Airport restrictions

  • All applicable building permits must be obtained before constructing a data center. Building permit requirement

  • A data center site must have at least 110 feet of road frontage, 110 feet of lot width at the building line, and 10 acres of land. Minimum site requirements

  • Data centers must comply with the National Electric Code, applicable residential and commercial building codes, the State Fire Code, local regulations, and additional requirements imposed by the local utility or county Code Enforcement Department. Design compliance standards

  • Electrical interconnection and distribution lines within the site generally must be installed underground, unless the County Code Enforcement Department grants a written exception for severe environmental constraints. Underground electrical-line requirement

  • Before construction or operation, a data center must have a written emergency response plan approved by the County Code Enforcement Department, sheriff's office, fire department, and emergency management agency. The plan must be updated annually by January 1. Emergency response plan requirement

  • Data center equipment must be housed in a metered, electrically grounded, pre-engineered metal structure with a fire rating that resists an internal electrical fire for at least 30 minutes and with automatically closing fire baffles. Equipment enclosure requirements

  • The perimeter must have a black or green vinyl-coated chain-link fence at least six feet high, a locking gate, and a Knox Box entry system meeting International Fire Code specifications. Fencing and emergency-access requirements

  • At least one 20-foot ground-monitoring well must be installed for each data center, with testing for heavy metals and regulated contaminants. Testing is required biannually for two consecutive years, may then shift to a five-year schedule if results are clear, and is also required before decommissioning. Groundwater monitoring requirements

  • Exterior lighting must use fully shielded fixtures that direct light downward and away from adjacent roads and properties. Lighting restrictions

  • Noise may not exceed 50 decibels during the day or 35 decibels at night, measured 25 feet from the property line. A preconstruction noise study and postconstruction study are required, and the postconstruction level may not exceed the baseline at adjoining property lines. Noise limits and study requirements

  • Air, dust, smoke, glare, exhaust, heat, humidity, and similar effects must be controlled so they are not perceptible at or beyond the property line. Pollution restrictions

  • Data center buildings must be set back at least 500 feet from the property line. Setback requirement

  • Perimeter signs at least one foot by two feet must be posted every 100 feet and must identify the owner, operator, installer, and a 24-hour emergency contact. The signs must be maintained for the life of the facility. Signage requirements

  • Data center structures must have concrete foundations and meet specified architectural standards, including façade articulation, height variation, projections or recesses, material or color changes, and at least 30 percent fenestration on walls visible from public rights-of-way. Shipping containers may not be used as structures. Structure and appearance requirements

  • A data center may provide no more than two parking spaces per employee assigned to the facility, and all on-site roadways, driveways, and parking areas must be curbed and guttered for drainage. Traffic and parking requirements

  • A data center may not connect to an electric utility grid without prior utility approval. Before operation, electrical connections must be inspected and approved, and the applicant must provide written utility verification of adequate capacity, properly sized infrastructure, no harmful electrical interference or voltage fluctuations, and successful final inspection. Utility-grid connection requirements

  • Natural vegetation clearing is limited to what is necessary for construction, operation, and maintenance, and required visual buffers must generally provide at least 75 percent screening, reach at least six feet above the tallest structure or component, and be maintained for the facility's life. Vegetation and visual-buffer requirements

  • Before operation, the owner or operator must obtain a county permit and submit documentation including property and ownership information, a comprehensive site plan, visual-buffer plan, threatened-species information, a facility-removal plan, and certifications of compliance with applicable laws. Permit application requirements

  • Construction or operation may not begin until the property has been inspected by the County Code Enforcement Department and the required permit has been issued. Pre-operation inspection requirement

  • The comprehensive site plan must be approved in writing by the County Code Enforcement Department, with additional copies provided to the sheriff's office, fire department, and emergency management agency. Written site-plan approval requirement

  • Each permit application requires a non-refundable fee of $2,500. Permit fee

  • Before a building permit is issued, a data center owner or developer must submit a decommissioning plan covering removal timelines, equipment and hazardous-material handling, site remediation, and soil and groundwater testing. Decommissioning-plan requirement

  • A developer must provide financial assurance for decommissioning, removal, remediation, and site restoration. The amount is periodically reviewed to cover 125 percent of estimated decommissioning costs, and the assurance may be a bond, escrow account, letter of credit, or another approved financial instrument. Decommissioning financial assurance

  • A data center that is not operated continuously for 12 months and has no pending permit application is considered abandoned. Its facilities and equipment must be removed within a reasonable period of no more than 90 consecutive days after notice, or the County may remove them and place a lien on the property. Abandonment and removal requirement

  • Water-use controls require closed-loop or similar systems that minimize potable-water consumption and eliminate continuous discharge or evaporative loss. If actual water use exceeds the amount initially disclosed by more than 10 percent, the permit is forfeited and a new application is required. Water-consumption restrictions

  • The County Code Enforcement Department may revoke a permit for noncompliance after giving seven days' written notice. If the deficiencies are not corrected within that period, the facility must submit a new application before resuming operations. Permit-revocation procedure

  • The County may conduct inspections without notice when there is an established risk of immediate harm or injury; otherwise, it must make reasonable efforts to provide 24 hours' advance notice. Inspection authority

  • For a violation, the owner receives seven days to correct the issue before a first-offense citation may be issued. Upon conviction, penalties may include a fine of up to $1,000, imprisonment for up to six months, or both, and continuing violations may be charged separately each day. Enforcement penalties

Benefits & exceptionsHide benefits & exceptions5
  • Existing mining operations and data centers are generally exempt from the ordinance’s new requirements unless they are abandoned, closed, replaced, altered, or expanded.

  • Facilities may be installed within one nautical mile of an airport or helipad if the airport or helipad’s appropriate authority approves the construction.

  • Routine inspections require reasonable efforts to provide 24 hours’ advance notice, except when there is an established risk of immediate harm or injury.

  • A permit cannot be revoked without seven days’ written notice of deficiencies and an opportunity to correct them before revocation.

  • A violation receives seven days to be corrected before a first-offense citation is issued, although continuing violations may result in separate offenses.

Sources

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