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The Data Center Divide

Surry County

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

Slightly Pro-Data Center Policies

Surry County blocks most data-center construction and expansion approvals in unincorporated areas until July 20, 2028, while allowing limited renovations and existing operations.

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

Specific to Surry County only.

current law · Unincorporated areas subject to Surry County zoning authority and jurisdiction
Extends Surry County’s temporary moratorium on data-center development approvals through midnight July 20, 2028, covering unincorporated areas subject to County zoning authority.Surry County Ordinance Extending the Temporary Moratorium on Development Approvals for Data Centers and Related High-Impact Facilities (July 20, 2026)

What this means

The measure would prevent Surry County from accepting, processing, or approving most applications to build or expand data centers until July 20, 2028, a two-year delay that fits the severe-restriction range. It applies only to unincorporated areas under county zoning authority, and allows limited interior renovations and projects already approved before it takes effect; it does not directly ban ongoing operations. The moratorium will expire on July 20, 2028.

Timing

Ends
Jul 20, 2028

The moratorium lasts through and including midnight on 2028-07-20, unless earlier terminated or modified by the Board in accordance with North Carolina law.

People behind it

  • Presented the proposed ordinance extending the temporary data center moratorium to the Board of Commissioners.

  • Adopted and enacted the ordinance extending the moratorium through July 20, 2028.

  • Directed to research data centers and draft possible Development Ordinance amendments during the moratorium.

Restrictions & requirementsHide restrictions & requirements4

  • A temporary moratorium applies through and including July 20, 2028, during which Surry County will not accept, process, or approve applications for special use permits, zoning map amendments, building permits, or any other legally required development approval for establishing, constructing, erecting, altering, or expanding a data center.

  • Building permits for data centers are barred during the moratorium, except for interior renovations of existing lawful uses that do not expand capacity or affect exterior appearance or noise.

  • The moratorium applies to all unincorporated areas subject to Surry County zoning authority and does not apply to development that received valid approval under G.S. 160D-107(c) before July 20, 2026.

  • The moratorium covers cryptocurrency mining and comparable high-impact computer facilities as data centers, but excludes data-processing equipment that is clearly incidental and subordinate to an already permitted principal use, supports only on-site operations, and is not offered to or used by off-site users or locations.

Benefits & exceptionsHide benefits & exceptions4

  • Development projects that received valid approval under G.S. 160D-107(c) before July 20, 2026, are exempt from the moratorium and may proceed.

  • Existing lawful data-center uses may receive building permits for interior renovations, provided the renovations do not expand capacity or affect exterior appearance or noise.

  • The moratorium applies only to unincorporated areas under Surry County zoning authority, so data-center development in areas outside that jurisdiction is not covered by this restriction.

  • Data-processing equipment that is clearly incidental and subordinate to an already permitted principal use is excluded from the definition of a data center and may continue operating when it supports only on-site operations and is not offered to off-site users or locations.

Sources

current law · Unincorporated areas subject to Surry County zoning authority and jurisdiction
Suspends development approvals for data centers in unincorporated areas subject to Surry County zoning authority.Surry County Ordinance Imposing a Temporary Moratorium on Development Approvals for Data Centers and Related High-Impact Facilities (June 1, 2026)

What this means

If enacted, the measure would block most new data center construction and expansion in unincorporated areas through July 20, 2028, a two-year delay (moratorium through July 20, 2028). It does not ban operating existing centers, and allows limited interior renovations, but the broad approval freeze makes development substantially harder.

Timing

Ends
Jul 20, 2028

The temporary moratorium applies through and including July 20, 2028, unless earlier terminated or modified by the Board in accordance with North Carolina law. It applies to specified development approvals for data centers and related high-impact facilities in unincorporated areas subject to County zoning authority.

People behind it

  • Adopted the 60-day moratorium on June 1, 2026, and unanimously adopted its extension through July 20, 2028.

  • County Attorney who proposed adopting a moratorium as a land-use option and presented the proposed extending ordinance to the Board.

  • County department directed to research data-center issues and draft possible amendments to the Development Ordinance during the moratorium.

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  • Reviewed the proposed data-center amendments, advised that additional study was needed, and recommended extending the moratorium.

Restrictions & requirementsHide restrictions & requirements7

  • A moratorium prohibits Surry County from accepting, processing, or approving applications for the establishment, construction, erection, alteration, or expansion of data centers through and including midnight on July 20, 2028.

  • During the moratorium, the County cannot accept, process, or approve special use permits, zoning map amendments, building permits, or any other development approval required by law for a data center.

  • Building-permit restrictions also apply to alterations and expansions of existing data centers, except for interior renovations of existing lawful uses that do not expand capacity or affect exterior appearance or noise.

  • The moratorium applies throughout all unincorporated areas of Surry County subject to County zoning authority.

  • The moratorium covers cryptocurrency-mining and comparable facilities because the ordinance expressly includes cryptocurrency mining, crypto mining, and crypto-mining operations within the definition of data center.

  • Development that received valid approval under North Carolina General Statute § 160D-107(c) before July 20, 2026, is exempt from the moratorium.

  • Data-processing equipment is exempt only when it is clearly incidental and subordinate to an expressly permitted principal use, supports only on-site operations, and is not offered to or used by off-site users or locations.

Benefits & exceptionsHide benefits & exceptions4

  • Existing projects with valid development approval obtained before July 20, 2026 are exempt from the moratorium, allowing them to proceed under that approval. valid development approval

  • Existing lawful data-center uses may obtain building permits for interior renovations, provided the work does not expand capacity or affect exterior appearance or noise. [interior renovations](https://www.co.surry.nc.us/document_center/Development%20Services/Ordinance%20Extending%20the%20Temporary%20Moratorium%20on%20Dev%20Approvals%20for%20Data%20Cetners%20July%2020,%202026.pdf?t=202607211605340#:~:text=Building%20Permits%20(except%20for%20existing%20lawful%20uses%20for%20interior%20renovations)

  • The moratorium applies only to unincorporated areas subject to County zoning authority, leaving incorporated municipalities outside its scope. all unincorporated areas

  • Data-processing equipment that is clearly incidental and subordinate to an already permitted principal use is excluded from the ordinance, as long as it supports only on-site operations and is not offered to or used by off-site users or locations. clearly incidental and subordinate

Sources

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