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The Data Center Divide

Laurens County

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

Mixed Data Center Policies

Laurens County’s enacted ordinance pauses acceptance or approval of most new data-center permits for 12 months within county jurisdiction, while allowing routine work at existing facilities. The description calls it proposed, conflicting with its enacted status.

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

Specific to Laurens County only.

current law · Unincorporated areas
Pauses for 12 months the county’s acceptance and approval of permits for new data centers in unincorporated Laurens County while officials study future regulations, with an exemption for government-operated facilities.Laurens County Ordinance No. 1012

What this means

The proposed ordinance would stop the County from accepting or approving most new data-center permits for 12 months, a serious barrier to building or expanding during that period (“For a period of twelve (12) months”). It would not stop routine work at existing facilities, and the pause applies only within the County’s jurisdiction, but the stated duration and broad permit freeze warrant a -4.

Timing

Ends
12 months after the effective date of the Ordinance

The moratorium applies for twelve months from the effective date, which is immediately upon third reading and execution. The Council may extend it by resolution.

People behind it

  • Sponsoring Laurens County Council member for Ordinance #1012.

  • Enacting body responsible for considering, adopting, reviewing, and potentially extending the moratorium.

  • Directed to evaluate data-center impacts and develop regulatory recommendations during the moratorium.

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  • Directed to participate in the study and recommend countywide data-center regulations.

  • Among the county officials and departments directed to hold covered applications in abeyance after first reading.

  • Directed to hold covered data-center applications in abeyance under the pending ordinance provision.

Restrictions & requirementsHide restrictions & requirements7

  • For twelve months from the ordinance’s effective date, Laurens County may not accept, process, review, approve, or issue data-center-related rezoning applications, conditional-use or special-use applications, land-development permits, building permits for new data centers, site-plan approvals, or any other discretionary development approval required for a data center. The twelve-month moratorium begins upon the ordinance’s effective date.

  • Beginning upon first reading, County staff and other departments involved in development review must hold in abeyance applications received after first reading that involve a proposed data center, under the Pending Ordinance Doctrine, until final action on the ordinance. Applications received after first reading are covered.

  • The County must use the moratorium period to study and develop recommendations concerning data-center zoning and development standards, including setbacks, buffering, noise, water and wastewater, electrical infrastructure, emergency services, environmental effects, traffic, and decommissioning requirements.

  • County Council must review the status of the study no later than six months after adopting the ordinance, creating an interim review period before the moratorium expires.

  • The moratorium may be extended by resolution of County Council, allowing the restriction to continue beyond the initial twelve-month period.

  • The moratorium does not apply to routine maintenance, repair, replacement, or upgrades of existing facilities that were lawfully operating when the ordinance became effective.

  • The moratorium does not apply to facilities owned and operated by a governmental entity for governmental purposes.

Benefits & exceptionsHide benefits & exceptions4

  • Existing data centers that were lawfully operating when the ordinance took effect may continue routine maintenance, repairs, replacements, and upgrades. This exemption does not cover new facilities or other development approvals.

  • Facilities owned and operated by a governmental entity for governmental purposes are exempt from the moratorium. The exemption is limited to legally authorized, publicly funded activities carried out exclusively for public health, safety, or general welfare.

  • The ordinance preserves rights already acquired, existing liabilities, pending court proceedings, and existing causes of action under prior ordinances. This can protect previously acquired development rights from being eliminated by the ordinance.

  • The moratorium automatically expires twelve months after its effective date unless County Council repeals it earlier, allowing data-center permitting to resume after the moratorium period unless another lawful restriction is adopted.

Sources

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