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The Data Center Divide

Haywood County

Anti-Data Center Policies

Haywood County requires permits and imposes location, setback, buffer, and screening rules for new data centers and expansions in unincorporated areas, adding work and cost. Cryptocurrency facilities face larger distance requirements; ordinary data centers are not banned.

current law · Unincorporated areas outside the corporate limits and extraterritorial jurisdictions of municipalities
Establishes minimum protections for vulnerable populations by regulating high-impact development in Haywood County’s unincorporated areas outside municipal limits and extraterritorial jurisdictions.Haywood County Chapter 160 High Impact Development Ordinance

What this means

The measure would add permits and location, setback, buffer, and screening requirements for new data centers and expansions in unincorporated parts of the county, creating meaningful extra work and cost (permit and site-plan requirements; data-center separation and setbacks). Cryptocurrency facilities face much larger distance requirements, but ordinary data centers are not banned, so the overall effect is a meaningful barrier rather than a severe one.

People behind it

  • Established, revised, and adopted the High Impact Development ordinance.

  • Administers the ordinance, including permit issuance, plan review, inspections, enforcement, and related determinations.

Restrictions & requirementsHide restrictions & requirements13
  • The chapter applies to Class I data centers and Class II cryptocurrency data centers and server farms located in unincorporated areas outside municipal limits and extraterritorial jurisdictions; bona fide agricultural and forestry operations are excluded. The listed regulated uses

  • A Class I data center must be at least 250 feet from the nearest property line of a school, child-care facility, day-care center, hospital, qualifying care or retirement facility, or correctional institution. A Class II cryptocurrency data center or server farm must be at least 1,000 feet away. The separation distances

  • Principal buildings, structures, and other improvements must be set back from property lines by at least 25 feet for a Class I data center and 750 feet for a Class II cryptocurrency data center or server farm. The principal-use setback requirements

  • Buildings, structures, and outdoor storage must be set back from surface waters by at least 100 feet for both Class I and Class II facilities, unless state-mandated stream buffers require a greater distance. The stream-buffer requirements

  • A continuous vegetative buffer at least 25 feet wide must be maintained along property lines adjacent to public rights-of-way or specified protected facilities. Evergreen trees or shrubs must be at least five feet tall when planted and reach at least ten feet at maturity, unless the Ordinance Administrator modifies the requirement because adequate natural buffering already exists. The vegetative-buffer standards

  • All data centers and cryptocurrency server farms must be effectively screened. Approved screening may include the required vegetative buffer, opaque wooden fences, masonry walls, or landscaped earthen berms. The screening requirement

  • A Class I or Class II facility must install safety fencing around its principal use or building. The fencing must be chain link or equivalent, at least six feet high, and gated so it can be secured at any time. The safety-fencing requirement

  • A new facility, or a nonconforming facility that is moved, altered, or enlarged, requires both an authorization to construct and an operating permit from the Ordinance Administrator; a building permit cannot be issued unless the chapter is satisfied. The construction and operating permit requirement

  • Permit applications must include a site development plan with specified information, including the applicant and owner details, tax parcel information, a USGS map, professional certification, structures and surface waters, roads, surveyed boundaries, adjacent land uses and owners, existing and proposed buildings, and proposed uses; the Ordinance Administrator may request additional information. The required site-plan contents

  • The Ordinance Administrator may inspect the facility during construction and afterward; if voluntary entry is denied, the administrator may seek legal means to conduct the inspection. The inspection authority

  • A legally existing nonconforming facility may continue only if it is not discontinued for more than 60 continuous days; expansions must comply with the chapter, and vertical expansions require written approval from the Ordinance Administrator. The nonconforming-use limits

  • A variance from design or setback requirements is available only when the chapter's principal objectives can still be achieved and literal compliance with distance, structure, or planting requirements is not reasonably achievable; financial hardship alone is not sufficient. The variance standard

  • Each day that a provision is violated constitutes a separate and distinct violation, and the chapter may be enforced through the civil remedies authorized by state law. The continuing-violation rule

Benefits & exceptionsHide benefits & exceptions4
  • Existing data centers and cryptocurrency data centers that were legally operating when the chapter took effect may continue as nonconforming uses, provided they are not discontinued for more than 60 consecutive days. Repairs or renovations needed to reoccupy a regulated building must begin immediately and continue through completion. (may continue so long as the use is not discontinued longer than 60 continuous days)

  • A nonconforming data center may be repaired after damage if the damage is 75% or less of replacement value, as long as the original foundation footprint is maintained. If damage exceeds 75%, repair is still possible if the footprint is maintained and the chapter's standards are met to the extent approved by the Ordinance Administrator. (damage to non-conforming buildings to the extent of 75% or less)

  • The Ordinance Administrator may grant a variance from data-center design and setback requirements when the chapter's principal objectives can be achieved but literal requirements for distance, structures, or plantings cannot reasonably be met. Financial hardship alone does not qualify. (principal objectives of the chapter may be achieved)

  • If a protected facility, such as a school or hospital, is proposed near an already operating data center, the new protected facility must satisfy the full separation distance on its own tract rather than requiring the existing data center to provide that separation. (the full separation distance shall be upon the tract of the proposed, protected entity)

Sources

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