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Regbase

The Data Center Divide

Cumberland County

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

Slightly Pro-Data Center Policies

Cumberland County has enacted a six-month pause on permits for new data centers and expansions, but existing centers can continue operating. Businesses using IT as part of another permitted activity are exempt.

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

Specific to Cumberland County only.

current law · County measure
Temporarily halts development permits for data centers, cryptocurrency mining, and similar operations for six months, while exempting businesses that use IT as part of another permitted activity.Cumberland County Ordinance Implementing a Moratorium on Data Centers (2026)

What this means

The measure would pause development permits for data centers for six months, delaying new projects and expansions. It would not shut down existing centers, and it exempts businesses that use IT as part of another permitted activity, but the pause is still a substantial temporary barrier.

Timing

Ends
six months after adoption

People behind it

  • Approved the six-month moratorium on issuing development permits for data centers.

Restrictions & requirementsHide restrictions & requirements1
  • Imposes a six-month moratorium on issuing development permits for data centers, cryptocurrency-mining operations, and similar operations. The moratorium does not apply to businesses that use information-technology infrastructure incidentally while conducting a use permitted under the County’s zoning ordinance.

Benefits & exceptionsHide benefits & exceptions1
  • Exemption from the moratorium for businesses that use information-technology infrastructure incidentally to conduct a business that is a permitted use under the County’s zoning ordinance; the exemption does not cover a data center or similar operation as the primary use.

Sources

pending · County measure
Would require data centers to receive conditional zoning approval in industrial areas and meet special rules for setbacks, noise, landscaping, utilities, water use, and backup-generator testing; the proposal has not been adopted.Cumberland County, North Carolina Proposed Text Amendment – Data Center (Data Processing and Storage Facility) and Data Center with Power Generation (2026)

What this means

The proposed rules would make data centers harder to site and operate: they require conditional zoning, large separation distances, noise studies, utility capacity assurances, and water-saving cooling systems. They do not ban data centers, and some setback and study requirements have exceptions in qualifying industrial areas, but the combined limits are significant.

Timing

Ends
six months after adoption

The County enacted a six-month moratorium on data center uses on 2026-06-15 while developing regulations. The proposed data center ordinance itself remains under review and is not adopted.

People behind it

  • Called for development of the data center zoning standards and enacted the six-month moratorium that initiated the regulatory process.

  • Applicant and primary department responsible for developing and proposing the text amendment.

  • Reviewed and refined the proposed standards based on public and Planning Board feedback.

Show 1 more peopleShow fewer people
  • Reviewed the proposed text amendment and unanimously approved the Codes Subcommittee draft for consideration by the Board of Commissioners.

Restrictions & requirementsHide restrictions & requirements23
  • A six-month moratorium on data-center uses was enacted on June 15, 2026, temporarily pausing data-center development applications while the County studied regulations.

  • Data centers must undergo conditional zoning approval in the County's industrial districts rather than being approved automatically by right.

  • All data-center buildings, accessory structures, operating equipment, generators, fuel storage, and utility substations must be set back at least 800 feet from every property line.

  • The required setbacks increase by 50 percent for the entire parcel if any part of the parcel lies within a Voluntary Agricultural District one-half-mile buffer or if the parcel is adjacent to residentially zoned property or a legally established residential use.

  • Data-center structures and appurtenant structures must be at least 2,000 linear feet, measured structure-to-structure, from existing schools, convalescent or retirement homes, group homes, nursing homes, hospitals, day-care facilities, and religious worship activities.

  • The minimum setback and spacing requirements cannot be reduced through conditional rezoning, a variance, or another similar request.

  • A data center cannot be placed in an existing structure if that structure and its accessory uses cannot meet the required setbacks and spacing.

  • The setback and noise-analysis exceptions apply only where all parcels within 2,000 feet are industrially zoned and there are no Voluntary Agricultural District buffers, legally established residential structures, or specified sensitive uses; qualifying developments may use the applicable district's standard setbacks.

  • Data-center operations must comply with the County noise ordinance, and any exception or waiver available under that ordinance does not apply to data centers.

  • A zoning-permit application must include a noise-impact analysis certified by a licensed acoustical engineer demonstrating compliance at full operating capacity, including cooling systems and generators.

  • Any physical expansion of a data center or its site requires a new noise-impact analysis.

  • The County may require an owner-funded noise-impact analysis by a third-party provider selected by the County.

  • Data-center sites must have a minimum 50-foot perimeter landscaping buffer and security fencing, with opaque planting or screening that may include vegetation, berms, and fencing; vegetation or berms must be at least 15 feet high when planted or installed.

  • When a data center is adjacent to residentially zoned property, it must provide a screening buffer under Section 1102.G, and the Board of Commissioners may impose additional requirements with the applicant's agreement.

  • The owner or operator must maintain and post current 24-hour contact information for a person authorized to respond to operational complaints.

  • Routine maintenance and testing of backup-generation facilities is limited to 9:00 a.m. through 7:00 p.m., Monday through Friday, excluding federal, state, and County-recognized holidays.

  • For a standard data center, all water and electricity must come from public utility sources; water may not be drawn from a well, river, stream, or other watercourse.

  • Applicants for a standard data center must obtain written attestations from both the electrical and water providers confirming adequate peak capacity, sufficient infrastructure, and no interference, fluctuations, or service disruptions, including impacts to fire service.

  • Cooling water must use a closed-loop or recycled-water system, and the applicant must attest that the design uses closed-loop water or liquid cooling to minimize consumption.

  • Evaporative cooling systems are prohibited.

  • For data centers with power generation, water must still come from a public utility, may not be drawn from wells or surface waters, and requires the water-provider capacity and service attestations.

  • For data centers with power generation, the applicant must provide an electric-capacity attestation confirming adequate peak capacity, properly sized infrastructure, and no interference, fluctuations, or disruptions in service, including fire service.

  • A data-center operation with power generation may not include a nuclear reactor, although it may use electricity generated by a lawfully established off-site nuclear reactor operated by a public electric utility.

Benefits & exceptionsHide benefits & exceptions6
  • Allows data centers through conditional zoning in the County’s industrial districts, giving applicants a defined approval path and allowing site-specific conditions to be considered.

  • Provides an exception from the proposed 800-foot setbacks and 2,000-foot separation requirements when all parcels within 2,000 feet are industrially zoned and there are no covered agricultural buffers, legally established residences, or specified community facilities nearby. In that situation, the applicable district’s standard setbacks may be used.

  • Provides an exception from the required noise-impact analysis for a site meeting the same fully industrial-area criteria, including the absence of residences, agricultural buffers, and specified community facilities within 2,000 feet.

  • Protects an approved or operating data center from becoming a nonconforming use if a school, care facility, hospital, day care facility, religious-worship activity, or other listed sensitive use is developed nearby after the data center is approved or built.

  • Creates a separate data-center classification for facilities with on-site power generation that can operate beyond emergency standby conditions, including continuous operation, peak shaving, microgrid operation, load management, or electricity export. These facilities may use on-site generation that is not connected to a public electric utility, subject to utility-capacity attestations and the prohibition on nuclear reactors.

  • Allows physical expansion of a data center or its site, provided the applicant submits a new noise-impact analysis demonstrating compliance with the ordinance’s noise standards.

Sources

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