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Regbase

The Data Center Divide

Anderson County

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

Mixed Data Center Policies

Anderson County has enacted a pause on approvals for new data centers for six months, with a possible extension through December 31, 2027; existing facilities are not clearly affected.

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

Specific to Anderson County only.

current law · County measure
This ordinance imposes a temporary moratorium on the acceptance, processing, or approval of development applications and other land-use or development approvals for data centers in Anderson County.Anderson County Ordinance No. 2026-037 (2026)

What this means

The measure would pause approvals for new data centers for six months, and the pause could be extended through December 31, 2027, delaying projects substantially. It targets new facilities and does not clearly stop existing data centers from operating.

Timing

Ends
six months from the date of enactment

The moratorium applies to new data centers and related land-use or development approvals. It may be extended by County Council resolution, but any extension must expire on or before 2027-12-31. All other provisions remain.

People behind it

  • Responsible for presenting Ordinance 2026-027 adopting Anderson County's fiscal year 2026–2027 budget.

  • Responsible for presenting Ordinances 2026-028 and 2026-030 concerning short-term-rental definitions and employee driving-record and vehicle-accident policies.

  • Responsible for presenting Ordinance 2026-031 concerning the Belton municipal-judge agreement.

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  • Responsible for presenting Ordinances 2026-032 and 2026-037 concerning conservation subdivision standards and a data-center moratorium.

  • Responsible for presenting Ordinances 2026-033 through 2026-036 concerning the Project Flat Rock, Project Health, and Project Next economic-development measures.

  • Responsible for presenting Resolution 2026-036 concerning advance distribution of Planning Commission agenda packets.

  • Responsible for presenting Resolution 2026-038 revising the Anderson County Stormwater Design Manual.

Restrictions & requirementsHide restrictions & requirements4

  • A six-month moratorium prohibits consideration of development applications for new data centers and the issuance or approval of other land-use or development approvals for new data centers in Anderson County.

  • County staff, the Planning Commission, and the Board of Zoning Appeals must hold in abeyance development applications involving new data centers received after the ordinance’s first reading during the moratorium.

  • County Council may extend the moratorium by resolution, but each extension must direct County Administration and staff to investigate and develop a data-center regulatory framework and must expire no later than December 31, 2027.

  • The ordinance is subject to the Pending Ordinance Doctrine, which may restrict the processing or approval of applications while related land-use regulations are pending.

Benefits & exceptionsHide benefits & exceptions8

  • Land-disturbing activities involving less than one acre that are not part of a larger common plan of development do not require a County stormwater permit.

  • Activities covered by a state or federal environmental permit, license, or certification do not require a separate County stormwater permit when the outside approval requires compliance with applicable minimum standards.

  • The County must review a complete stormwater management and sediment-control plan and provide approval or comments within 20 working days; if it does not act, the applicant may request that an authorized official sign and date the plan.

  • Waiver and variance requests must be reviewed within 20 working days, and failure to act within that period results in automatic approval.

  • The County may grant written stormwater variances for exceptional site circumstances, including unnecessary hardship.

  • The Stormwater Manager may accept alternative plans, specifications, design details, or practices when they meet or exceed adopted performance standards, and the County may modify requirements case by case to address specific conditions or more stringent regulatory requirements.

  • Approved stormwater plans remain valid for three years, with extensions or renewals available upon County approval of an updated application.

  • After a permitted site is properly stabilized and no further land disturbance is proposed, a change in ownership or operational control can be handled by notification without a new application or County fee.

Sources

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