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Regbase

The Data Center Divide

Buncombe County

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

Slightly Pro-Data Center Policies

Buncombe County allows data centers only in the CS, EMP, PS, and AI districts, with a 55 dBA noise limit, 100-foot separation from homes, and restrictions on generator testing.

Rating from North Carolina statewide as there are no scored current or future laws outside temporary restrictions for Buncombe County.

Specific to Buncombe County only.

current law · Unincorporated areas outside incorporated municipalities and their zoning jurisdictions
Prohibits cryptocurrency-mining operations throughout Buncombe County and regulates non-cryptocurrency data centers to protect agricultural, rural, environmentally sensitive, and residential areas.Buncombe County Ordinance No. 24-11-07 (2024)

What this means

The measure would explicitly allow data centers in four zoning districts, but not elsewhere. It also adds meaningful operating and design conditions, including a 55 dBA noise cap, a 100-foot separation from homes, and limits on generator testing, so the overall effect is restrictive. Permitted in the CS, EMP, PS, and AI districts, noise and setback standards

Timing

Ends
May 2025

The sources describe a moratorium on cryptocurrency mining, initially adopted in May 2023 and extended in May 2024 until May 2025. The adopted ordinance separately prohibits cryptocurrency mining and establishes data-center and government-protective-service regulations.

People behind it

  • Prepared the memorandum and developed the proposed zoning regulations.

  • Presented the proposed text amendments for the Planning & Development Department.

  • Reviewed the proposed amendments, held a public hearing, and unanimously recommended approval and consistency with the Comprehensive Plan.

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  • Held the public hearing and approved and adopted the zoning amendments.

Restrictions & requirementsHide restrictions & requirements7

  • Data centers of 5,000 square feet or more are permitted only in the CS, EMP, PS, and AI zoning districts, and only subject to special requirements.

  • Facilities smaller than 5,000 square feet are regulated as manufacturing and processing operations rather than as data centers.

  • Before construction, an applicant must conduct a sound study establishing the property's noise baseline and implement mitigation measures. Noise from the data center and associated equipment may not exceed the baseline or 55 dBA at the property lines, whichever requirement is applicable.

  • All data center operations must be completely enclosed within a building.

  • HVAC systems, cooling systems, and generators must be located at least 100 feet from any residentially zoned property line or residential structure.

  • Generator maintenance and testing are prohibited between 8:00 p.m. and 8:00 a.m.

  • In the CS-Commercial Service district, mechanical operations must be concealed from all road frontages using solid architectural screening or commercial landscaping buffers.

Benefits & exceptionsHide benefits & exceptions1

  • Non-cryptocurrency data centers are permitted with special requirements in the CS, EMP, PS, and AI zoning districts, allowing them to be approved as a use by right rather than requiring conditional-use approval.

Sources

expired · Unincorporated areas
Extends the temporary moratorium on cryptocurrency-mining facilities in Buncombe County’s unincorporated areas, covering all land uses involving cryptocurrency from May 1, 2024, through April 30, 2025, unless the County adopts a zoning-text amendment addressing commercial-scale cryptocurrency mining sooner.Buncombe County Ordinance No. 24-05-09 (2024)

What this means

The measure would extend a temporary moratorium on land uses involving cryptocurrency in unincorporated Buncombe County until April 30, 2025, or until a zoning amendment is adopted. This is a major temporary barrier for data centers used for cryptocurrency mining, but it does not restrict ordinary data centers.

Timing

Ends
2025-04-30, or upon adoption of a text amendment to the zoning ordinance addressing commercial-scale cryptocurrency mining, whichever occurs first

The extension applies to all land uses involving cryptocurrency in the unincorporated areas of Buncombe County and begins on 2024-05-01. Staff is directed to advance text amendments before the moratorium expires.

People behind it

  • Proposed, adopted, and authorized the ordinance extending the temporary moratorium.

  • Responsible for continuing the study and advancing zoning text amendments addressing commercial-scale cryptocurrency mining before the moratorium expires.

Restrictions & requirementsHide restrictions & requirements1

  • A moratorium prohibits development and operation of cryptocurrency mining facilities, including all land uses involving cryptocurrency, in the unincorporated areas of Buncombe County. The moratorium runs from May 1, 2024, through April 30, 2025, or ends earlier if the County adopts a zoning text amendment addressing commercial-scale cryptocurrency mining.

Sources

expired · Unincorporated areas
Imposes a temporary moratorium on all cryptocurrency-mining land uses in unincorporated Buncombe County, effective May 2, 2023, under Buncombe County Ordinance No.Buncombe County Ordinance No. 23-05-05 (2023)

What this means

The one-year moratorium would block permits for cryptocurrency-mining facilities in unincorporated Buncombe County, creating a major delay for that type of data center (“No zoning certification permits”). But it expressly treats mining separately from other data centers, so its effect on ordinary data centers is limited (“separate and apart from other data centers”).

Timing

Ends
2024-05-01 or upon approval of a new zoning regulation regarding cryptocurrency mining, whichever occurs first

The moratorium applies to cryptocurrency mining land uses in unincorporated Buncombe County and ends on the stated date or earlier upon adoption of a text amendment addressing commercial-scale cryptocurrency mining. No stated extension condition applies.

People behind it

  • Adopted and enacted the temporary moratorium ordinance.

  • Department responsible for presenting and recommending the proposed moratorium.

  • Identified presenter and contact for the proposed moratorium.

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  • Identified contact for the proposed moratorium.

  • Directed to study and prepare zoning amendments concerning cryptocurrency mining.

  • Identified participant in developing standards and mitigation methods for cryptocurrency mining.

  • Clerk who attested the adopted ordinance.

  • Chairman of the Board of Commissioners who signed the adopted ordinance.

  • Approved the ordinance as to form.

Restrictions & requirementsHide restrictions & requirements3

  • A temporary moratorium prohibits land uses involving commercial-scale cryptocurrency mining in the unincorporated areas of Buncombe County from May 2, 2023, until May 1, 2024, or until a zoning text amendment addressing cryptocurrency mining is adopted, whichever occurs first.

  • During the moratorium, the County may not issue zoning certification permits for cryptocurrency-mining uses in any zoning district within the unincorporated county.

  • The restriction applies to cryptocurrency mining conducted through server farms, defined as three or more interconnected computers housed together in one facility whose primary function is cryptocurrency mining or associated data processing.

Benefits & exceptionsHide benefits & exceptions1

  • The moratorium targets cryptocurrency-mining facilities as a distinct land use, defined separately from other data centers; therefore, data centers that do not engage in cryptocurrency mining are not covered by the moratorium’s prohibition on approvals.

Sources

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