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The Data Center Divide

Macon County

Anti-Data Center Policies

Macon County’s enacted ordinances add land-use requirements that may make data center approvals and operations more difficult; one description limits its rules to unincorporated areas.

current law · Unincorporated areas
Establishes a county framework for regulating high-impact land uses, including cryptocurrency mining, data centers, and server-based facilities.Macon County Chapter 157 Amendment — Cryptocurrency Mining, Data Centers, and Server-Based Facilities

What this means

The High Impact Land Use ordinance adds land-use requirements that can make data center approvals and operations more costly or time-consuming. It does not ban data centers, so the overall effect is a meaningful but not severe constraint.

People behind it

  • Adopted and amended the High Impact Land Use Regulation.

  • Administers and enforces the regulation.

Restrictions & requirementsHide restrictions & requirements6
  • Data centers classified as high-impact land uses require a high-impact land-use permit before they may be constructed, expanded, or operated. high-impact land-use permit

  • Permit applicants must submit detailed project information and supporting plans or studies addressing matters such as the site, utilities, traffic, environmental effects, emergency response, and noise. application requirements

  • The permitting process includes public notice and a public hearing before approval. public hearing

  • Data centers must satisfy the ordinance’s siting, setback, buffering, screening, and landscaping requirements, which limit where facilities may be built or expanded. setback and buffer requirements

  • Operations must comply with performance standards governing impacts including noise, lighting, vibration, traffic, stormwater, and other environmental effects. performance standards

  • The county may impose conditions on an approved high-impact land-use permit and may enforce those conditions through the ordinance’s violation and enforcement provisions. permit conditions

Sources

current law · Unincorporated areas outside the corporate limits and extraterritorial jurisdiction of any municipality
Would restrict data centers in unincorporated Macon County with major separation, setback and buffer requirements, noise and lighting plans, and operating hours limited to 8 a.m.–5 p.m.Macon County Chapter 157 Amended and Restated Ordinance Regulating High-Impact Land Uses (2026)

What this means

The proposal would apply only in unincorporated Macon County, but require data centers to keep 1,500 feet from protected uses, meet screening and noise/light-plan requirements, and operate only from 8 a.m. to 5 p.m.. These conditions could make suitable sites scarce and normal around-the-clock operation impractical, so the measure would severely restrict development and operation without banning them outright.

People behind it

  • Planning Board Chair who requested the 2023 update to the High Impact Ordinance concerning cryptocurrency mining facilities.

  • County Attorney associated with the proposed revisions to the High Impact Ordinance and the 2026 request to schedule review and a public hearing.

  • Established and adopted the High-Impact Land Uses Ordinance and is responsible for considering proposed amendments and conducting the public hearing.

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  • Reviewing body requested to examine the proposed revisions to the High Impact Ordinance.

  • Official designated to administer and enforce the High-Impact Land Uses Ordinance.

Restrictions & requirementsHide restrictions & requirements17
  • The ordinance applies to data centers and similar server-based facilities as high-impact land uses, and prohibits those uses unless they comply with the ordinance. It applies in unincorporated areas outside municipal limits and municipal extraterritorial jurisdiction. applies to cryptocurrency mining, data centers and server-based facilities

  • A data center must maintain at least 1,500 feet of separation from the nearest property line of protected uses, including schools, child-care facilities, hospitals, nursing-care facilities, and residential uses. Cryptocurrency Mining, Data Centers and similar Server Based Facilities

  • The closest building, structure, or outdoor storage associated with a data center must be set back at least 150 feet from perennial waters. Stream Setback

  • The principal buildings, structures, and improvements of a data center must be set back at least 750 feet from its property lines. Principal Use Setback

  • A data center must maintain a screening buffer or buffer yard at least 100 feet wide along adjoining property lines. Buffer Width

  • Where a data center borders a public right-of-way or protected use, it must maintain a vegetative buffer at least 15 feet wide at maturity, generally using evergreen trees or shrubs that are at least 5 feet tall when planted and at least 10 feet tall at maturity. Buffer plans must accompany the permit application, and the vegetation must be maintained. continuous vegetative buffer

  • Data centers must be screened; approved screening may include the vegetative buffer, opaque wooden fencing, masonry walls, or landscaped earthen berms. all high-impact uses other than aviation activities shall be screened

  • Before operations begin, the operator must submit a Noise Mitigation Plan demonstrating that noise-reduction methods meet commonly recognized industry standards for the particular use. Noise Mitigation Plan

  • Before operations begin, the operator must submit a Light Mitigation Plan demonstrating that light-reduction methods meet commonly recognized industry standards for the particular use. Light Mitigation Plan

  • Under the enacted ordinance text, data centers and similar server-based facilities may operate only from 8:00 a.m. to 5:00 p.m., rather than the general 6:00 a.m. to 10:00 p.m. schedule for other high-impact uses. except those operations that fall under the definition of Cryptocurrency Mining, Data Center and Server Based Facilities

  • A data center must install safety fencing around its principal use or building. The fencing must be chain-link or equivalent, at least 6 feet high, and gated so it can be secured whenever the facility is not operating. at least six (6) feet in height

  • The operator must place a clearly visible entrance sign identifying the operator and providing a local emergency phone number. clearly states the name of the operator and a local phone number

  • Using cargo containers, railroad cars, semi-truck trailers, or similar storage containers for any component of a data center or similar server-based facility is prohibited. use of cargo containers, railroad cars, semi-truck trailers

  • Permanent roads used continuously for more than six months must be surfaced with a dust-free material, such as soil cement, Portland cement, or bituminous concrete. Permanent roads used continuously

  • Construction, relocation, additions, or structural alterations of a data-center facility require a Development Permit, and a building permit may not be issued unless the project conforms to the ordinance. Permit applications must include duplicate, scaled plans and information demonstrating compliance. without a Development Permit

  • A legally existing nonconforming data center may continue only if it is not discontinued for more than six months. Expansion may not increase the degree of nonconformity and must comply with the ordinance to the extent physically practicable. not discontinued for more than six (6) months

  • Violations are misdemeanors, and each day that a violation continues is a separate offense. Each day’s continuing violation

Benefits & exceptionsHide benefits & exceptions8
  • Data centers, cryptocurrency-mining facilities, and similar server-based facilities are expressly recognized as regulated high-impact uses, allowing them to be proposed and operated through the ordinance’s development-permit process rather than being categorically excluded.

  • High-impact-use clusters do not have to provide minimum building setbacks, buffer yards, or vegetative buffers along common property lines shared with other high-impact uses, which can make co-located facilities easier to design.

  • Commercial uses may be located within the building setbacks of a high-impact use on the same parcel, allowing supporting commercial activities or facilities to occupy otherwise restricted areas.

  • After a development permit is granted, the Ordinance Administrator may temporarily waive noise-mitigation, light-mitigation, or operating-hour requirements for up to six consecutive months when the need results from facility improvements or from a casualty, disaster, or detrimental economic condition.

  • A legally existing data center or similar high-impact use that does not meet current standards may continue as a nonconforming use, provided it is not discontinued for more than six months.

  • An existing nonconforming high-impact use may expand if the expansion does not increase the degree of nonconformity and complies with the ordinance to the extent physically practicable.

  • If a nonconforming facility is damaged, repairs may proceed while maintaining the original foundation footprint; even when damage exceeds 75% of replacement value, compliance is required only to the extent the Ordinance Administrator determines is physically practicable.

  • The Planning Board may grant variances when strict compliance would cause unnecessary hardship, the hardship is property-specific and not self-created, and the variance remains consistent with the ordinance’s purpose and public safety.

Sources

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