Calloway County
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Pro-Data Center Policies
Calloway County’s enacted ordinance bars new data centers and physical expansion in unincorporated areas for 12 months, while allowing existing facilities to operate. The Fiscal Court may grant exceptions at its discretion.
Rating from Kentucky statewide as there are no scored current or future laws outside temporary restrictions for Calloway County.
Specific to Calloway County only.
current law · Unincorporated areasTemporarily prohibits new data centers and physical expansions of existing ones in unincorporated Calloway County for up to 12 months, unless the Fiscal Court grants an exception.Calloway County Ordinance 26-1021-A — Temporary Moratorium on Data Centers
What this means
The proposed measure would stop new data center development and physical expansion in unincorporated Calloway County for 12 months, though existing facilities could keep operating. The Fiscal Court could grant exceptions, but only at its discretion, so this would still be a major temporary barrier to building and expanding.
Timing
- Ends
- 12 months from the effective date of the Ordinance, unless terminated earlier by action of the Fiscal Court
The moratorium applies to establishing, constructing, expanding, or developing data centers in unincorporated Calloway County. Existing lawful facilities may continue operating, subject to limits on physical expansion. The newer draft also allows the Fiscal Court to grant a written exception for an individual project.
People behind it
- Calloway County Fiscal Court
Proposed, adopted, and is responsible for administering the one-year data center moratorium and conducting the related regulatory review.
Restrictions & requirementsHide restrictions & requirements6
For 12 months from the ordinance’s effective date, no county application, permit, license, approval, authorization, or other county action may be accepted, processed, reviewed, approved, or granted for establishing, constructing, expanding, or developing a data center in Calloway County’s unincorporated areas. The moratorium may end earlier if the Fiscal Court acts to terminate it.
Under the draft provision allowing exceptions, a proposed data center must submit a written petition with detailed plans and supporting information addressing site development, utilities, traffic, drainage, environmental impacts, emergency services, noise, construction and operating timelines, and mitigation measures. The Fiscal Court has discretion to grant, conditionally grant, or deny the exception.
An exception may be conditioned on a performance bond, letter of credit, escrowed funds, or other financial security, and the exception does not become effective until all conditions and required security have been provided.
Existing data centers may continue operating as previously authorized, but during the moratorium they may not construct new buildings or structures, increase building floor area, expand onto additional property, increase approved electrical service capacity, or otherwise materially expand their physical footprint.
Existing data centers may install, replace, upgrade, or reconfigure equipment inside existing buildings only if the activity does not increase approved electrical service capacity or otherwise create a prohibited physical expansion.
Routine maintenance, inspections, testing, repairs, equipment replacement, emergency repairs, and similar activities at existing data centers are allowed only if they do not constitute a prohibited physical expansion.
Benefits & exceptionsHide benefits & exceptions6
An entity may petition the Fiscal Court for an exception allowing it to establish, construct, or operate a data center during the moratorium. The Fiscal Court may grant or conditionally grant the exception after reviewing detailed plans and supporting information, and may require financial security such as a bond, letter of credit, or escrowed funds.
A data center that was lawfully established and operating before the ordinance took effect may continue operating as previously authorized.
The ordinance does not impair or revoke permits, approvals, or vested development rights that existed before the ordinance took effect.
Existing data centers may perform routine maintenance, inspections, testing, repairs, equipment replacement, emergency repairs, and other activities needed for safe and efficient operation, provided those activities do not create a prohibited physical expansion.
Existing data centers may install, replace, upgrade, or reconfigure servers, computers, networking equipment, and other data-processing equipment inside existing buildings, as long as the work does not increase approved electrical service capacity or create a prohibited physical expansion.
Facilities whose primary purpose is supporting a governmental entity, financial institution, office building, retailer, educational institution, hospital, utility, manufacturer, or other commercial enterprise are excluded from the data-center definition, as are accessory or incidental server rooms and data infrastructure. Those facilities are therefore outside the moratorium's data-center restrictions.
Sources
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