Henrietta Township
Anti-Data Center Policies
Henrietta Township’s enacted ordinance limits data centers to certain commercial or industrial districts and requires a conditional-use permit, studies, and infrastructure approvals. It also sets water, noise, setback, and decommissioning rules, but does not ban facilities outright.
current law · Henrietta TownshipWould allow data centers only by conditional-use permit in Commercial-3 or Industrial districts and require extensive reviews and safeguards for noise, water, energy, environmental impacts, and decommissioning.Henrietta Township Data Center Zoning Ordinance (2026)
What this means
The proposal would allow data centers only in certain commercial or industrial districts and only with a conditional-use permit, while requiring costly studies and infrastructure approvals (conditional-use districts and permit). It also imposes strict water, noise, setback, and decommissioning rules, creating significant barriers to building and operating facilities, though it is not an outright ban.
People behind it
- Henrietta Township Planning Commission
Reviews data center applications, makes recommendations to the Township Board, and may recommend permit conditions and performance guarantees.
- Henrietta Township Board
Issues conditional-use permits and makes the final decision on data center special land-use applications.
Restrictions & requirementsHide restrictions & requirements52
Data centers are allowed only as conditional uses in Commercial-3 or Industrial zoning districts, subject to compatibility with infrastructure resources and the township master plan.
Every data center requires a Conditional Use Permit issued by the Township Board after a Planning Commission recommendation.
An accessory small data center is allowed only as an accessory use to a permitted primary use in the Commercial-3 or Industrial District, must serve the primary user’s own data, and may not exceed 25% of the site’s gross floor area.
An accessory small data center is limited to one to five megawatts and must use zero-water cooling.
Applicants must submit a developer-funded environmental impact assessment and feasibility study covering air quality, water resources, wildlife, wetlands, habitats, natural areas, and ISO 14001 risk assessment.
Applicants must submit a developer-funded water feasibility study estimating annual water consumption.
Applicants must submit a developer-funded noise and vibration study prepared by a Michigan-licensed acoustical engineer under ISO 9613 standards, including daytime and nighttime measurements at the property line and within 3,000 feet.
Operational noise may not exceed baseline ambient levels by more than 5 dBA or 5 dBC at the property line, and a post-occupancy sound study must be submitted within six months after the facility is occupied.
Applicants may be required to install noise insulation, use particular aisle layouts, and enclose generators to mitigate noise.
Cooling exhaust must use filtering and drift eliminators for steam, minerals, chemical impurities, carbon emissions, dust, debris, and chemical emissions, and must comply with applicable environmental and public-safety standards.
Applicants must submit a traffic study prepared by a licensed traffic engineer addressing construction and operational traffic, road improvements, and potential repairs.
Applicants may be required to fund road improvements or enter into a road-maintenance agreement with the Jackson County Department of Transportation.
Applicants must obtain documentation from utility providers showing adequate capacity, provide an electric interconnection agreement, and demonstrate how required infrastructure will be funded by the developer.
At least one sustainable or renewable energy technology must be incorporated into the data center design.
Open-loop, once-through, and evaporative cooling systems are prohibited.
Applicants must submit a water-conservation plan addressing water recycling, closed-loop or immersion cooling, non-potable water, hybrid systems, release procedures, and on-site stormwater capture.
Private water sources require a developer-funded analysis of groundwater or surface-water needs and a water-feasibility study.
If a municipal water system is extended to the site, the applicant must pay for the extension and provide documentation that the public authority and applicable agencies will supply the required water.
Data centers may be restricted from using private wells depending on their location.
An emergency-response plan covering security, fire safety, NFPA and OSHA standards, and lithium-ion battery risks must be approved by the Henrietta Township Fire Department.
Applicants must submit an e-waste plan covering equipment lifecycle management, recovery, refurbishment, reuse, recycling, and reduction of electronic waste.
Data centers must have at least 300-foot setbacks from all non-participating properties, subject to possible changes based on site evaluation and mitigation needs.
Data centers may not be located in FEMA floodplains or state-designated wetlands, or within 300 feet of riparian shorelines, rare or unique habitats, cultural or historic resources, wildlife-management areas, public parks, or scenic public trail corridors.
Earth disturbance and storage or stockpiling of materials are prohibited within the designated sensitive-area setbacks.
Impervious surfaces may cover no more than 50% of the site.
A perimeter landscaping and screening plan is required, including native plants and possible berms up to eight feet high; three or more rows of native evergreens at least five feet high may be required to reduce noise.
Perimeter fencing must be wildlife-friendly.
Principal and accessory structures may not exceed 50 feet in height.
Exterior lighting must be full-cutoff, shielded, and directed downward to prevent light pollution.
Backup generators may be tested only Monday through Friday from 9 a.m. to 4 p.m., except for commissioning, actual emergencies, or testing required by EGLE rules.
On-site backup generators must be installed in sound-attenuating enclosures and meet or exceed EPA Tier 4 emissions standards.
Grid-connected data centers may not be installed until the owner or operator submits a completed electric-utility interconnection agreement and a MISO certificate stating that sufficient power is available.
Any private wells within 2,000 feet of a data center must be monitored, and the data center is liable for water-related problems.
If a nearby residence loses access to potable water because its well is negatively impacted, the applicant must provide water within 24 hours, bathing facilities, and a permanent replacement water source without charge.
The Jackson County Drain Commission must review and approve the facility’s plan to minimize, mitigate, and repair stormwater and drainage impacts, and drainage changes may not affect surrounding properties.
Soil disturbance within 500 feet of a lake or stream requires review and a Soil Erosion and Sediment Control permit.
Buildings must be aesthetically compatible with the township’s rural character and use designs intended to mitigate nuisances and blend into the site.
Applicants must identify electromagnetic fields and communications interference generated by the project and provide adequate setbacks to mitigate interference.
Landscaping and screening required by the approved site plan must be maintained, and a performance guarantee may be required when completion is delayed.
The Planning Commission may require a cash deposit, certified check, irrevocable letter of credit, or surety bond to cover the cost of required improvements.
A decommissioning and final reclamation plan is required, including removal of structures, foundations, and electrical transmission components, soil restoration, erosion control, and financial assurances for decommissioning.
If a facility is not in commercial operation for one consecutive year, the owner, developer, or operator must remove the equipment and facilities under the decommissioning requirements.
The township may require a decommissioning bond, letter of credit, or escrow account, which must be reviewed and updated by a qualified third party every five years at the owner’s or operator’s expense.
The operator must provide complaint-contact information to the Township Clerk and install a roadside sign displaying the township office phone number for complaints or emergencies.
As a condition of the conditional use permit, the owner, operator, or permittee must reimburse the township for an annual independent professional inspection.
Applicants must maintain at least $4 million in liability insurance per occurrence, name Henrietta Township and specified officials as additional insureds, provide the policy before construction, and maintain coverage as a condition of the permit.
The applicant must indemnify and hold harmless the township and its officials, agents, and employees for specified claims and costs arising from the facility.
The township must be notified in advance of any change in ownership, developer, operator, or occupant, with specified identifying and contact information.
The Planning Commission may review and consider alternatives to the ordinance’s dimensional and physical-development requirements because of changing data-center technology.
Applicants are subject to a public hearing and Township Board review under the Michigan Zoning Enabling Act and other applicable state laws.
The Township Board may impose additional reasonable conditions on a conditional use permit to ensure ordinance compliance, protect the public, and mitigate community impacts.
Violations of the ordinance or conditional use permit conditions are subject to penalties under the township’s general ordinance.
Benefits & exceptionsHide benefits & exceptions6
Accessory Small Data Centers are allowed as a permitted accessory use in the Commercial-3 or Industrial District when located on the same site as a permitted primary use, operated by the primary user for its own data, and limited to no more than 25% of the site's gross floor area. The facility must meet the ordinance's definition, including a power range of one to five megawatts and zero-water cooling. Accessory Small data center ... is an accessory use
Larger or non-accessory data centers may be developed in Commercial-3 and Industrial Districts through a Conditional Use Permit, subject to Planning Commission review and a final decision by the Township Board. Data centers are listed as conditional use only
The Planning Commission may consider alternatives to the ordinance's dimensional and physical development requirements, providing flexibility for a facility's design and site plan as technology and project conditions change. the planning commission shall have the authority to review and consider alternatives
Required setbacks may be modified based on site evaluation, mitigation of potential negative impacts, and the site's topographic features, rather than being an entirely fixed requirement. Setbacks may be subject to change based on site evaluation
The ordinance permits connections to neighboring municipal water and sewer infrastructure where it is available or adjacent, potentially providing a service option for qualifying projects. Water%20%26%20Sewer%20Connection%20to%20neighboring%20municipal
The Township Board may impose conditions on a Conditional Use Permit, allowing project-specific conditions to be used to address impacts rather than automatically prohibiting a proposal. The Township Board may impose reasonable conditions
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