The Data Center Divide
A policy snapshot ahead of the 2026 midterms. Mapping data center incentives, restrictions, and bans through legislation, regulations, and executive actions across all 50 states and 1,462 local jurisdictions.
Oconee County
Mixed Data Center Policies
South Carolina offers qualifying data centers tax breaks, but investment, job, certification, and facility-size conditions limit access, and an enacted rule bars some large facilities from exemptions. A power rate requires customers to cover needed facilities, provide financial security, and accept long-term minimum charges.
Rating and summary from South Carolina statewide as there are no scored current or future laws outside temporary restrictions for Oconee County.
Specific to Oconee County only.
pending · County measureProposes recognizing data centers as a distinct land-use category and allowing them as a conditional use in industrial zones, subject to new performance standards addressing noise, height, water consumption, fire protection, lighting, electricity use, decommissioning, and facility size.Oconee County Planning Commission Data Center Appendix B Proposal (2026)
Restrictions & requirementsHide restrictions & requirements10
Data centers would be treated as a conditional use under the industrial zoning district, requiring additional zoning approval rather than being allowed automatically as an industrial or warehouse use. The minutes propose adding data centers as a conditional use
Data centers would be placed in a separate land-use category in the Comprehensive Plan instead of being classified with general industrial or warehouse uses. The minutes call for data centers to be a separate land use category
Data centers would have to meet performance standards addressing noise, height, location, water use, fire safety, landscaping, lighting, electricity use, decommissioning, and facility size. The minutes propose performance standards covering these subjects
Data centers would be divided into small, medium, and large classifications, with different requirements applying to each size category. The minutes propose three size classifications with different requirements
A proposed Appendix B would impose data-center-specific regulations, including on data centers located in control-free zones. The subcommittee suggested requiring compliance with Appendix B even in control-free zones
The subcommittee discussed limiting data centers to industrial-zoned areas and prohibiting them in control-free zoning areas. The minutes discuss confining data centers to industrial zones
Data centers would be subject to water-use regulations and reporting requirements, reflecting requirements the county planned to develop or obtain guidance on. The minutes call for water-use regulations and reporting requirements
Data centers would need provisions for decommissioning and hazardous-waste management. The minutes identify decommissioning plans and hazardous-waste management as requirements to address
Data centers would have to address power supply and electricity use, including whether they must provide their own generation or may rely on the electric grid. The minutes identify power supply and self-generation as regulatory issues
Data-center regulations would be required to comply with applicable state laws and could be updated periodically, potentially every six months or annually. The minutes emphasize state-law compliance and regular updates
Benefits & exceptionsHide benefits & exceptions1
The proposal would add data centers as a conditional use in the industrial zoning district, creating an expressly recognized approval path for them, subject to the performance standards that would be developed. "Recommend adding data centers as a conditional use under the industrial zoning district"
Sources
pending · Unincorporated areasAuthorizes a subcommittee to study data centers and report its findings to the Oconee County Planning Commission, with Teresa Spicer and Brit Adams identified as members in later meetings of the subcommittee.Oconee County Planning Commission Data Center Subcommittee Authorization (2026)
What this means
The proposals would make data center projects meet a conditional-use process and possible requirements for noise, water, power, fire safety, and decommissioning, adding likely costs and delays (proposed performance standards). They could also limit sites to industrial zones, but these are preliminary ideas—not adopted rules—and the sources do not give final standards (industrial zones only).
People behind it
- Oconee County Planning Commission
Created the data-center subcommittee, directed development of the proposed regulations, and scheduled the matter for commission review.
- Teresa Spicer
Moved to create the subcommittee to develop and report on data-center regulations; served as a subcommittee member.
- Brit Adams
Seconded the motion creating the data-center subcommittee and served as a subcommittee member.
Restrictions & requirementsHide restrictions & requirements11
Data centers would be added as a separate land-use category rather than treated as ordinary industrial or warehouse uses. include data centers as a separate land use category
Data centers would be treated as conditional uses in the industrial zoning district, requiring additional discretionary review rather than being allowed automatically. treated as a conditional use
Applicants would be subject to data-center performance standards addressing noise, height, location, water use, fire safety, landscaping, lighting, electricity use, decommissioning, and facility size. creating performance standards for data centers
Data centers would be divided into small, medium, and large classifications, with different requirements for each size category. three size classifications small, medium, large
A proposed Appendix B would impose data-center regulations even when a facility is located in a control-free zoning area. required to comply with the regulations in Appendix B
The proposal considers limiting data centers to industrial zones, which would prevent locating them in other zoning districts; the minutes cite Gaffney as an example of that approach. confining data centers to industrial zones only
The review framework would require evaluation of water-supply capacity, wastewater treatment and discharge, electrical demand and grid impacts, backup generation, transportation capacity, and any required roadway improvements. Infrastructure Capacity Review
Data centers would be subject to operational standards for mechanical noise, vibration, and lighting, including controls on lighting spillover. Mechanical noise
Facilities would be required to provide minimum setbacks and buffers or berms for sound and visual screening, with buffering scaled to facility size. scaled buffering relative to facility size
Applicants would have to address long-term decommissioning, site restoration, and financial assurance for those obligations. Financial assurance mechanisms
The proposed rules would be reviewed and updated periodically to keep pace with changes in technology and legislation, with six-month and annual update schedules discussed. updating the ordinance every 6 months
Benefits & exceptionsHide benefits & exceptions1
The proposed regulations would classify data centers as a conditional use within the industrial zoning district, creating a potential approval pathway for data centers rather than prohibiting them outright or treating them only as industrial or warehouse uses.
Sources
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