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Regbase

The Data Center Divide

Fairfield County

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

Mixed Data Center Policies

Fairfield County has an enacted measure described as temporarily pausing data-center applications and permits, including some construction approvals, for up to 12 months; its description conflicts on whether it is enacted.

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

Specific to Fairfield County only.

current law · County measure
Establishes a temporary moratorium of up to 12 months on data centers in Fairfield County, prohibiting the County from accepting or acting on covered data-center applications and permits that lack final approval, including related zoning, land-development, subdivision, building-permit, and certificate requests, until a regulatory or zoning framework is established if County Council adopts one.Fairfield County Ordinance 856 — Data Center Moratorium

What this means

If enacted, this measure would temporarily stop the County from accepting or acting on data-center applications and permits, including some construction-related approvals. The pause is capped at 12 months and is intended to allow a study and possible new rules, so it would cause a major but temporary delay rather than an outright ban.

Timing

Ends
No more than twelve (12) months from the Effective Date, and potentially earlier when Fairfield County establishes a satisfactory regulatory framework or zoning ordinance structure.

The moratorium applies to accepting or acting on specified Data Center applications and permits. The sources do not state an extension beyond the twelve-month maximum; all other provisions remain.

People behind it

  • Proposed, introduced, and enacted Ordinance No. 856 establishing the temporary data-center moratorium.

Restrictions & requirementsHide restrictions & requirements3

  • A temporary moratorium prohibits permitting, construction, and development of data centers for up to 12 months after the ordinance’s effective date, or until Fairfield County establishes an acceptable regulatory or zoning framework, whichever occurs first.

  • During the moratorium, the county may not accept data-center applications or permits, or act on applications and permits that have not received final approval.

  • The prohibition covers site- or user-specific zoning map or text amendments, conditional uses, special exceptions, variances, land-development or subdivision plans, and building permits or certificates requiring prior land-use or zoning approval.

Benefits & exceptionsHide benefits & exceptions2

  • Projects, permits, or applications that have already received final approval are not subject to the moratorium’s prohibition on accepting or acting on Data Center applications and permits.

  • The moratorium is temporary and may last no more than twelve months from the ordinance’s effective date; it may also end earlier if Fairfield County establishes a satisfactory regulatory or zoning framework.

Sources

pending · County measure
States that Fairfield County intends to prohibit data-center construction on county-owned property and the sale of county-owned property for data-center development, citing potential impacts on the electric grid, water supplies, and local infrastructure, and plans further study before amending its land-management ordinance with countywide restrictions.Fairfield County Resolution 2026-08 — Data Centers

What this means

The proposed 12-month moratorium would stop the county from accepting data-center applications or acting on pending ones that lack final approval, causing a major delay to building or expanding facilities (temporary moratorium). It is not a permanent countywide ban, but the resolution also plans to bar data centers on county-owned land and study future zoning limits (planned restrictions).

Timing

Ends
No more than twelve (12) months from the ordinance's Effective Date, or earlier if Fairfield County establishes a satisfactory regulatory framework or zoning ordinance structure

The moratorium applies to permitting, construction, and development of data centers. The ordinance's Effective Date is the date of enactment after third reading and a public hearing; the sources do not provide that date. The separate county-owned-property ban and intended future ordinance amendments are not stated to expire.

People behind it

  • Proposed and adopted Resolution No. 2026-08 and introduced Ordinance No. 856 establishing the data-center moratorium and related study.

Restrictions & requirementsHide restrictions & requirements6

  • Bans the development and construction of data centers on county-owned property. The resolution declares this ban.

  • Prohibits the county from selling county-owned property to entities that will develop or construct a data center on the property. The resolution prohibits these sales.

  • Creates a temporary moratorium of no more than 12 months, under which the county would not accept data-center applications or permits and would not act on applications or permits lacking final approval, until the county establishes a satisfactory regulatory or zoning framework through comprehensive oversight and approval. The ordinance describes the moratorium and its time limit.

  • Extends the moratorium’s prohibition to requests for site-specific zoning-map or text amendments, conditional uses, special exceptions, variances, land-development plans, subdivision applications, and building permits or certificates requiring prior land-use or zoning approval. The ordinance lists the covered applications and approvals.

  • Invokes the Pending Ordinance Doctrine upon first reading of the moratorium ordinance, potentially limiting actions on inconsistent data-center proposals while the ordinance is pending. Section 7 invokes the doctrine.

  • Requires enactment of the moratorium ordinance after third reading and a public hearing before it becomes effective. The ordinance states this effective-date condition.

Sources

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