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Regbase

The Data Center Divide

Scott County

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

Pro-Data Center Policies

Scott County’s enacted moratorium temporarily pauses data-center applications and approvals, delaying new projects; descriptions conflict on whether the pause ends in December 2026 or extends through March 2027.

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

Specific to Scott County only.

current law · County measure
Temporarily prohibits Scott County’s planning commission from accepting, processing, or approving data center applications and related permits through December 31, 2026.Scott County Fiscal Court Resolution 26-05 (2026) — Extension of Data Center Moratorium

What this means

The county moratorium would pause acceptance and approval of applications to establish data centers through December 31, 2026, including zoning, development-plan, and permit applications. It is temporary and does not expressly ban ongoing operations, but it would substantially delay new projects; Georgetown’s resolution supports the pause rather than adding a separate binding restriction.

Timing

Ends
Dec 31, 2026

The moratorium on accepting, processing, and approving applications for data centers expires on 2026-12-31 unless terminated earlier by the Scott County Fiscal Court. All other provisions of Resolution 26-03 remain in effect.

People behind it

  • Adopted Resolution 26-03 establishing the data-center moratorium and Resolution 26-05 extending it through December 31, 2026.

  • Scott County Judge/Executive who executed the county resolutions establishing and extending the moratorium.

  • The body subject to the moratorium and responsible for researching data-center impacts, conducting public hearings, and developing regulatory recommendations.

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  • Adopted the resolution supporting and endorsing the Scott County Fiscal Court’s data-center moratorium.

  • Mayor authorized to distribute the Georgetown resolution to relevant governmental, utility, and economic-development entities.

Restrictions & requirementsHide restrictions & requirements2
  • A moratorium immediately prohibits the Georgetown-Scott County Planning Commission from accepting, processing, or approving applications for data centers through December 31, 2026, unless the Scott County Fiscal Court ends it earlier.

  • The moratorium applies to all zoning approvals, development plan approvals, conditional-use permits, building permits, and other authorizations related to establishing a data center.

Sources

current law · County measure
Prohibits the Georgetown-Scott County Planning Commission from accepting, processing, or approving data-center applications and related permits in Scott County through December 31, 2026, while officials study possible regulations.Georgetown City Council Resolution 2026-___ — Support for Scott County Data Center Moratorium (2026)

What this means

The county moratorium would pause review and approval of data center applications and related permits through December 31, 2026, making new projects substantially harder to build during that period (moratorium expires December 31, 2026). Georgetown’s resolution supports that pause and asks planners to consider future zoning rules, but does not itself create permanent data center restrictions (encourages zoning regulations).

Timing

Ends
Dec 31, 2026

The moratorium on accepting, processing, and approving applications for data centers automatically expires on 2026-12-31 unless terminated earlier by the Scott County Fiscal Court. Resolution 26-05 extends the original six-month moratorium; all other provisions of Resolution 26-03 remain in effect.

People behind it

  • Executive Director and applicant representative for Elizabeth’s Village’s Night Market event application.

  • Applicant and organizing entity for the Night Market event.

  • Listed sponsor of ZOTA-2025-02 and ZOTA-2025-04.

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  • Listed sponsor of ZOTA-2025-02 and the FY 2025-2026 budget amendment ordinance.

  • Listed sponsor of ZOTA-2025-02 and ZOTA-2025-04.

  • Listed sponsor of ZOTA-2025-04, ZOTA-2025-05, and ZOTA-2025-06.

  • Listed sponsor of ZOTA-2025-05 and ZOTA-2025-06.

  • Listed sponsor of the FY 2025-2026 budget amendment ordinance.

  • Recommended the zoning text amendments and was responsible for reviewing and recommending related zoning regulations.

  • Adopted and extended the temporary data-center moratorium.

  • Scott County Judge/Executive who executed the Fiscal Court’s data-center moratorium resolutions.

  • Adopting body for the resolution supporting the Scott County data-center moratorium and the other council measures.

  • Party responsible for adopting and administering the LARP grant agreement, mutual-aid agreement, and 911 grant.

  • Mayor authorized to execute documents for the LARP grant, mutual-aid agreement, 911 grant, and dump-truck purchase.

  • City department representative responsible for the Local Assistance Road Program grant measure.

  • State agency party to the LARP Memorandum of Agreement providing $466,000 for the Main Avenue and Delaplain Road project.

  • City department responsible for presenting and administering the Statewide Emergency Management Mutual Aid and Assistance Agreement.

  • City department responsible for the Kentucky 911 Services Board grant measure.

  • Applicant and project entity for the 911 phone-system grant.

  • State agency through which the 911 grant was awarded.

  • Granting body for the 911 phone-system project.

  • Department that proposed the replacement dump-truck purchase.

  • Authorized vendor and proposed seller of the Kenworth T480 dump truck and related equipment.

Restrictions & requirementsHide restrictions & requirements1
  • A moratorium immediately prohibits the Georgetown-Scott County Planning Commission from accepting, processing, or approving applications for data centers through December 31, 2026, unless ended earlier by the Scott County Fiscal Court. It applies to zoning approvals, development plan approvals, conditional-use permits, building permits, and other authorizations related to establishing a data center.

Sources

current law · Unincorporated areas
Proposes to restrict data centers in unincorporated Scott County to heavy-industrial zones, require multiple approvals, and impose extensive siting, environmental, noise, utility, and decommissioning standards.Kentucky Scott County Data Center Moratorium and Extension

What this means

The draft would make data centers very difficult to build: it limits them to heavy-industrial areas and adds rezoning, permits, a community-benefits agreement, large setbacks, and strict land and operating rules (draft requirements). The county also approved extending its application moratorium through March 2027 (moratorium extension), adding a temporary delay.

Timing

Ends
through March 2027

Resolution 26-09 extends the existing moratorium on data center applications through March 2027. The sources do not specify an exact calendar date.

People behind it

  • Requested the extension of the Scott County data center moratorium and developed the proposed data center regulations.

  • Adopted Resolution 26-09 extending the existing data center application moratorium through March 2027.

  • Approved a resolution supporting the Scott County Fiscal Court’s data center moratorium.

Restrictions & requirementsHide restrictions & requirements28
  • The existing moratorium on data-center applications was extended through March 2027. moratorium on data center applications

  • In unincorporated Scott County, a data center may be located only in the I-2 Heavy Industrial District and requires a zoning-map amendment, a conditional-use permit, preliminary and final development-plan approval, and a Community Benefits Agreement. only be allowed in the I-2 Heavy Industrial Zoning District

  • The minimum data-center parcel size is 50 acres. parcel smaller than 50 acres

  • Data centers are barred on land with slopes over 20 percent, flooding, soil or geologic instability, or where releases could affect karst terrain. slopes over 20%

  • Data centers may not be located in wetlands or within 50 feet of a wetland boundary. within 50 feet of the boundary of any wetland

  • Data centers may not be built on parcels containing more than zero percent prime farmland or farmland of statewide importance. parcels containing more than 0% prime farmland

  • Data centers are prohibited where they could take threatened or endangered species or adversely affect critical habitat. taking of a threatened or endangered species

  • Data centers may not be located south of the Greenbelt. South of the Greenbelt

  • Data centers must be at least 1,000 feet from schools, childcare facilities, public parks, and public recreational facilities. Within 1,000 feet from all schools

  • Principal, accessory, and energy-system structures generally must be at least 500 feet from the site's outer perimeter and 1,000 feet from Residential, Commercial, or Agricultural District boundaries; greater setbacks may be required to meet noise limits. At least 500 feet from all outer perimeter property lines

  • Data centers must meet extensive site and building-design requirements, including employee and visitor parking, stormwater controls, fire-resistant equipment enclosures, façade changes, fenestration, landscaping, and rear or side placement of loading areas. House the equipment used in any Data Center

  • Exterior lighting must be fully shielded or aimed downward, remain at or below 0.1 footcandle at perimeter lines, use fixtures no higher than 20 feet, and generally be extinguished or reduced overnight. shall at no time exceed 0.1 footcandle

  • The required setback must function as a landscaped buffer; parking and roads within it require berming and vegetation, and accessory structures and energy systems must be screened with at least 80 percent year-round visual blockage. fully screened on all sides

  • Security fences may not exceed 10 feet and chain-link, slatted-insert, barbed-wire, and razor-wire fencing is prohibited along public streets or external perimeter property lines. Fences shall not exceed ten (10) feet

  • Noise at every external perimeter property line may not exceed 40 dBA or 60 dBC from 10 p.m. to 7 a.m., or 45 dBA or 65 dBC at other times; perceptible vibration, oscillation, or infrasound causing specified adverse effects is also prohibited. shall not exceed 40 dBA or 60 dBC

  • A conditional-use application must include baseline and projected noise analyses, an acoustical study, and continuous monitoring and mitigation plans; post-construction compliance testing is required within six months of operation, and a conditional-use permit may be suspended or revoked after an exceedance and opportunity to cure. post-construction during operation compliance testing within six months

  • A utility and infrastructure plan must identify electric, gas, water, wastewater, stormwater, transmission, pipeline, and grid-interconnection requirements. Utility and Infrastructure Plan

  • Applicants must document that utility capacity will not adversely affect other customers and must complete required utility improvements before the project begins operation. enhancements or improvements required

  • On-site sustainable alternatives must offset at least 25 percent of total power use and 10 percent of water use. offset at least 25% of total power usage and 10% water usage

  • Backup diesel generators must meet Tier IV or the highest available applicable standard; generators may be used only for backup or emergencies, tested no more than weekly per unit, and tested only from noon to 5 p.m. Monday through Friday. Generators shall be tested no more than once per week per unit

  • Liquid-cooled equipment must use closed-loop systems, cooling water may not come from private wells, and cooling-system discharges must comply with treatment and permitting requirements. All liquid cooled equipment must be designed to utilize a closed-loop system

  • The application must include a water and wastewater management plan, certification of supply capacity, documentation of water-efficiency and recycling measures, and proof that applicant-funded utility improvements will be made. Water and Wastewater Management Plan

  • Waste heat, exhaust, and thermal discharges may not cause thermal discomfort, hazards, property or vegetation damage, or raise ambient temperature above naturally occurring conditions at any external perimeter property line. shall not raise the ambient temperature

  • Emissions, dust, smoke, glare, exhaust, heat, and humidity must be designed and operated so they are not perceptible at or beyond the external perimeter property line. not be perceptible at or beyond the external perimeter property line

  • A conditional-use application must include a detailed site plan, one-mile zoning information, traffic study, emergency-response certification, permit list, waste plan, emissions assessment, water and wastewater assessment, and other specified technical materials. A proposed site development plan

  • Applicants must submit a professional-engineer-prepared decommissioning plan and provide a performance bond, letter of credit, or other financial assurance before construction. financial assurance shall be provided prior to commencement of construction

  • Data-center applications must comply with the Subdivision and Development Regulations and include a concept plan when applying for a zone change. A Concept Plan for the overall development

  • The Georgetown City Council unanimously approved a resolution supporting the Scott County Fiscal Court data-center moratorium. Support for Scott County Fiscal Court Data Center Moratorium

Benefits & exceptionsHide benefits & exceptions2
  • Data centers are expressly allowed as conditional uses in the I-2 Heavy Industrial District, providing a defined path to approval through a zoning-map amendment, conditional-use permit, development-plan approvals, and a Community Benefits Agreement. The site must meet the ordinance’s requirements, including a minimum 50-acre parcel and other location restrictions. Data Centers as defined in 2.5.XX

  • Backup power generation for a data center is expressly allowed using diesel fuel, natural gas, or battery energy-storage systems. Generators are generally limited to backup or emergency use, with testing allowed no more than weekly per unit and only from noon to 5 p.m. Monday through Friday; diesel generators must meet applicable emissions standards and use compliant fuel storage. Backup power generation using diesel fuel, natural gas, or Battery Energy Storage Systems are allowed

Sources

current law · County measure: Areas subject to the Georgetown-Scott County Planning Commission
Bars the Georgetown–Scott County Planning Commission from accepting or reviewing applications to establish data centers for six months.Scott County Fiscal Court Resolution 26-03 (2026) — Data Center Moratorium

What this means

If enacted, this would prevent the planning commission from accepting or reviewing data-center applications for six months, delaying projects that need its approval. It is a serious but temporary restriction, not a permanent ban (six-month moratorium).

Timing

Ends
six months after adoption

Resolution 26-03 establishes a six-month moratorium on the Planning Commission’s acceptance and review of applications for establishing data centers. No extension condition or other provisions are stated.

People behind it

  • Requested the county attorney interns, presented the second reading of Ordinance 26-01, read Resolutions 26-02 and 26-03, and presented the opioid settlement participation item.

  • Presented the provisional proposal to hire four firefighters.

  • Requested the hiring of two Road Department employees.

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  • Presented the request for proposals for an inmate communications and tablet program.

  • Presented the EMS maintenance agreement, billing-agreement addendum, and compliance-services agreement.

  • Requested authorization to submit a letter of support for the Kentucky Product Development Initiative regional project.

  • Presented a revised drug-free workplace policy for future consideration.

  • Made the motions approving the county attorney interns and the EMS compliance-services agreement.

  • Made the motions approving the fire-department hiring proposal, Ordinance 26-01, Resolution 26-02, the Speclin billing addendum, and participation in the opioid settlement.

  • Made the motions approving the Road Department hires, the jail communications RFP, Resolution 26-03, and the Corvus maintenance agreement.

  • Made the motion authorizing submission of the Kentucky Product Development Initiative regional-project support letter.

  • Administers the grant for which the Scott County Sheriff's Office submitted an application under Resolution 26-02.

  • Applicant for the grant addressed by Resolution 26-02.

Restrictions & requirementsHide restrictions & requirements1
  • A six-month moratorium prohibits the Georgetown-Scott County Planning Commission from accepting or reviewing applications to establish data centers. six-month moratorium

Sources

pending · Draft ordinance applies to unincorporated areas; the moratorium resolution's geographic scope is unclear.
Proposes extending the moratorium that bars the Planning Commission from accepting applications to establish data centers.Kentucky Georgetown-Scott County Data Center Ordinance (Draft)

What this means

The measure would make new data centers very difficult: the moratorium would stop the Planning Commission from accepting applications, and the draft ordinance would require industrial zoning, multiple approvals, and a community benefits agreement (moratorium; draft zoning and approval rules). The draft also bars many locations and sets substantial setbacks, so the overall effect would be a severe barrier to development.

Timing

The agenda identifies Resolution 26-09 as a moratorium extension prohibiting the Planning Commission from accepting data-center applications, but the provided source does not state an expiration date, ending condition, or extension terms.

People behind it

  • Introduced Resolution 26-03 on its agenda, proposing a six-month moratorium on data-center applications.

  • Published the draft Data Center Ordinance and is assigned responsibility for administering applications, development-plan approvals, and related zoning requirements.

Restrictions & requirementsHide restrictions & requirements50
  • A moratorium extension directs the Planning Commission not to accept any application for establishment of a data center. The agenda does not state an end date.

  • Data centers are allowed only in the I-2 Heavy Industrial District and require a zoning map amendment, a Conditional Use Permit from the Board of Adjustment, preliminary and final development-plan approval from the Commission, and a Community Benefits Agreement with the County.

  • A data center may not be located on a parcel smaller than 50 acres.

  • Data centers are prohibited on land with slopes over 20 percent or land prone to flooding, soil instability, or geologic instability.

  • A data center may not be located where a hazardous-substance, pollutant, or contaminant release could affect karst terrain.

  • A data center may not obstruct a 100-year flood flow, reduce floodplain storage, or be located in a way likely to increase flood frequency, velocity, or height.

  • Data centers are prohibited in wetlands and within 50 feet of a wetland boundary.

  • Data centers are prohibited on parcels containing more than zero percent prime farmland or farmland of statewide importance.

  • Data centers may not be located where they could contribute to the taking of a threatened or endangered species or adversely affect critical habitat.

  • Data centers are prohibited south of the Greenbelt.

  • Data centers must be at least 1,000 feet from schools, childcare facilities, public parks, and public recreational facilities.

  • Principal structures, accessory structures, and energy systems generally must be at least 500 feet from the data center site's external perimeter property lines and at least 1,000 feet from any Residential, Commercial, or Agricultural District.

  • The Commission may require setbacks greater than the stated minimums when necessary to meet the ordinance's noise limits.

  • Buildings and site development must comply with the applicable I-2 or general standards for maximum height, lot coverage, and impervious surface.

  • A data center must provide at least one parking space per employee on the largest shift and three visitor spaces.

  • Equipment must be housed in a metered, electrically grounded, pre-engineered metal-encased structure with at least a 30-minute internal electrical-fire rating and automatically closing fire baffles.

  • Public-road-facing or residential-facing facades must meet detailed design requirements, including material or surface changes at least every 150 horizontal feet, fenestration covering at least 30 percent of the facade, a differentiated main entrance, and specified plantings.

  • Loading and unloading areas and overhead doors must be oriented toward side or rear property lines and may not be located in front or street-side yards.

  • Ground-mounted equipment, including generators, fuel tanks, and substations, is prohibited in front yards and may not be adjacent to residentially zoned or residentially used property.

  • Exterior lighting must be fully shielded or otherwise controlled, may not exceed 0.1 footcandle at any external perimeter property line, and generally may not be mounted more than 20 feet above the illuminated surface.

  • Parking-area and vehicular-traffic lighting must be extinguished within 30 minutes after nightly facility closing, subject to limited after-hours security or reduced-activity exceptions; after-hours security lighting may not exceed 25 percent of regular fixtures, and continued nighttime activity requires at least 50 percent dimming after 11 p.m. or after regular business hours.

  • The setback area must function as a buffer, with no data center structures or facilities in the setback; limited parking and interior roads are allowed only within the first 100 feet of the setback area and must be bermed and vegetated.

  • Landscape buffers must use a berm at least four feet high, and required accessory-structure and energy-system screening must be at least 25 feet wide and block at least 80 percent of visibility year-round.

  • The owner and operator have an ongoing duty to maintain all required buffering, screening, and landscaping.

  • Perimeter fences may not exceed 10 feet, and chain-link, slatted-insert, barbed-wire, and razor-wire fencing is prohibited along public streets or external perimeter property lines.

  • Noise may not exceed 40 dBA or 60 dBC from 10 p.m. to 7 a.m., or 45 dBA or 65 dBC at other times, measured at the external perimeter property line.

  • Operations may not create perceptible vibration, oscillation, or infrasound that causes building resonance or adverse human-health effects at an external perimeter property line.

  • A Conditional Use Permit application must include baseline and projected noise analyses, a qualified acoustical engineer's study, frequency-spectrum analysis, nighttime testing, mitigation measures, continuous monitoring, and a vibration study when mechanical or cooling equipment is within 2,000 feet of a Residential, Commercial, or Agricultural District.

  • The County must require post-construction operating compliance testing within six months after operations begin, and may later conduct testing; exceedances require corrective measures and may lead to suspension or revocation of the Conditional Use Permit after notice and an opportunity to cure.

  • A Conditional Use Permit application must include a Utility and Infrastructure Plan covering all electric, gas, water, wastewater, stormwater, transmission, pipeline, power-generation, and grid-interconnection infrastructure.

  • Applicants must document that utility capacity will be sufficient without adverse effects on other customers and that required utility enhancements will be completed before the data center begins operating.

  • On-site sustainable alternatives must offset at least 25 percent of total power usage and 10 percent of water usage.

  • Battery energy storage systems must comply with NFPA 855 or similar standards and include fire-suppression systems designed for battery storage.

  • Backup generators may operate only for backup or emergency use, except for testing or commissioning; continuous generation outside power outages is prohibited.

  • Generators may be tested no more than once per week per unit and only from noon to 5 p.m. Monday through Friday.

  • Backup diesel generators must meet at least Tier IV standards, or the highest available Environmental Protection Association industry standard at the time of application.

  • Diesel-fuel applications must demonstrate non-peak daytime delivery, compliant storage, and secondary containment for the fuel-storage vessel.

  • Liquid-cooled equipment must use closed-loop systems; cooling water must come from a public or semipublic water system rather than a private well; and discharges must be treated when required and comply with applicable discharge and water-quality requirements.

  • A Water and Wastewater Management Plan must identify water demand and supply, certify that the site is outside a wellhead protection planning area, document water-efficiency and recycling measures, and address cooling-system discharge and wastewater treatment.

  • The applicant must pay for water or wastewater infrastructure improvements needed to serve the proposed data center.

  • Waste heat may not cause thermal discomfort, hazards, or damage beyond the external perimeter, and thermal discharge may not raise ambient temperature at the perimeter above naturally occurring conditions when measured four feet above ground.

  • Emissions, dust, smoke, glare, exhaust, heat, and humidity must be designed and operated so they are not perceptible at or beyond the external perimeter and do not exceed ordinance or legal standards.

  • A Conditional Use Permit application must include a site development plan showing zoning within one mile, parcels, access, all data center and utility facilities, roads or railways, utilities, setbacks, floodplains, wetlands, rights-of-way, and cultural or historic resources within 500 feet.

  • The application must include a scenic-compatibility evaluation, a construction and operational traffic study, and fire or explosion information with certification from local fire and emergency-response agencies.

  • The application must identify all other required permits and authorizations and include copies or links to those applications.

  • The application must include a waste-management plan covering solid waste, electronic waste, hazardous materials, cooling by-products, packaging, equipment replacements, storage, recycling, processing, and disposal.

  • The application must assess anticipated construction and operational emissions, including transportation, and assess water use, wastewater generation, wastewater characteristics, and stormwater management.

  • A registered professional engineer must prepare a decommissioning plan estimating removal costs and procedures for structures, foundations, equipment, conduit, interconnection facilities, and roads, including site restoration or compatible reuse.

  • Before construction begins, the applicant must provide a performance bond, letter of credit, or other financial assurance sufficient for a third party to complete decommissioning if the applicant defaults.

  • Data center applications must follow all Subdivision and Development Regulations, and a concept plan for the overall development is required with the zoning-change application.

Benefits & exceptionsHide benefits & exceptions5
  • Data centers are expressly recognized as a conditional use in the I-2 Heavy Industrial District, creating an established zoning pathway for development. The applicant must obtain any required rezoning to I-2, a Conditional Use Permit, preliminary and final development-plan approval, and a Community Benefits Agreement.

  • The ordinance requires applicants to document that sufficient electric, water, wastewater, and stormwater capacity will be available and that necessary utility improvements will be completed before operations begin. The applicant must pay for utility or wastewater improvements needed to serve the project.

  • The ordinance allows backup power using diesel fuel, natural gas, or battery energy storage systems. Generator operation is limited primarily to outages and emergencies, with testing allowed once per week per unit during specified weekday hours; diesel generators must meet Tier IV or the highest available equivalent emissions standard.

  • Energy-generation systems used to supply a data center, including solar, wind, fossil-fuel, or other systems, are treated as a separate use rather than part of the data-center use. They may therefore be reviewed under the zoning rules applicable to that separate use, subject to required approvals.

  • The definition of Data Center Energy Systems excludes utility service facilities exempted under KRS 100.324, although information about such facilities supporting a data center must still be provided to the Planning Administrator.

Sources

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