Sumter County
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Mixed Data Center Policies
Sumter County’s enacted measure is described as pausing new data-center permit approvals for 180 days, possibly 90 more, while limiting large centers’ locations and requiring studies and utility checks; smaller centers may have broader siting options.
Rating from South Carolina statewide as there are no scored current or future laws outside temporary restrictions for Sumter County.
Specific to Sumter County only.
current law · County measureApproved an emergency, immediately effective 60-day moratorium covering data centers, battery-energy-storage systems, and solar farms to allow further study of these uses (approved an emergency 60-day moratorium).Sumter County Temporary Data Center Moratorium (2026)
What this means
The measure would pause approvals for new data-center permits for 180 days, with a possible 90-day extension, causing a major delay to new projects. It would also limit where large centers can be built and require studies and utility checks, though smaller centers could still be allowed in more areas.
Timing
- Ends
- 60 days after approval; for the proposed moratoria, 180 days following Third Reading, with a potential 90-day extension if necessary
The emergency moratorium on battery energy storage systems, data centers, and solar farms took effect upon approval on 2026-06-23 and expires 60 days after approval. The proposed moratoria provide a 180-day review period following Third Reading, potentially extendable by 90 days if necessary. Later minutes approving temporary moratoria do not state an expiration condition, so the applicable expiration is somewhat unclear.
People behind it
- Michael “Chad” Carson
Applicant and property owner who proposed/requested rezoning under RZ-26-03.
- B&E Investments
Applicant that proposed/requested rezoning under RZ-26-04.
- Sumter County
Applicant and requesting party for the amendment establishing data center standards.
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- Sumter County Council
Directed staff to prepare the proposed amendment and introduced and approved the relevant ordinances and moratoria.
- Sumter County planning staff
Prepared the proposed amendment and developed its regulatory language.
- Johnathan Bryan
County Attorney who presented and administered Ordinances 26-1050 and 26-1054.
- Artie Baker
Councilmember who moved approval of Second Reading for Ordinances 26-1050 and 26-1052 and seconded motions concerning RZ-26-04 and Ordinance 26-1053.
- James R. Byrd, Jr.
Councilmember who moved approval of RZ-26-03, RZ-26-04, and Ordinance 26-1053 and seconded motions concerning Ordinances 26-1050 and 26-1054.
- Charles T. Edens
Councilmember who moved approval of Ordinances 26-1050, 26-1051, 26-1052, and 26-1054 and seconded the motion for Ordinance 26-1052.
- Tasha Gardner-Greene
Councilmember who seconded motions concerning RZ-26-03 and Ordinances 26-1050 and 26-1051.
- Vivian Fleming McGhaney
Councilmember who seconded the motion concerning Ordinance 26-1051.
Restrictions & requirementsHide restrictions & requirements18
An emergency moratorium immediately prohibited the development or operation of data centers in Sumter County for 60 days.
A temporary moratorium prohibits approval of new data-center permits for 180 days after Third Reading, with a possible 90-day extension if necessary.
Data centers may operate only in zoning districts where NAICS 518210 is listed as a permitted use; facilities of 20,000 square feet or less and those exceeding 20,000 square feet are subject to separate district listings.
Data centers exceeding 20,000 square feet are limited to the zoning district identified for that use, generally the Heavy Industrial district.
A data center exceeding 20,000 square feet must undergo Major Site Plan review and submit the documents required by the applicable ordinance provisions.
All data centers must meet specified maximum noise and ground-vibration limits, including stricter limits where adjoining land is residential or institutional.
For data centers of 20,000 square feet or less, the Zoning Administrator may require an independent third-party acoustical study at the applicant's expense at any time.
Data centers exceeding 20,000 square feet must obtain independent third-party pre-construction and post-construction noise studies at the applicant's expense; the post-construction study must be submitted within 90 days after the certificate of occupancy or project completion.
Failure to meet applicable noise limits after construction is an ordinance violation that may result in permit revocation, a stop-work order, or another available enforcement remedy.
For data centers exceeding 20,000 square feet, principal structures and generators must be at least 500 feet from a residential zoning district boundary or approved residential dwelling and at least 1,000 feet structure-to-structure from an existing or approved elementary or secondary school.
A data center using electricity from a public or private provider must obtain written verification of adequate peak-load capacity and infrastructure, safe service, and no harmful electrical interference or voltage fluctuations.
Data centers must use a public or private water utility and may not use a private groundwater well or surface-water intake facility.
Before approval, the water utility must verify adequate peak-demand capacity and infrastructure, continued service to other users, and sufficient pressure for fire protection and general service.
Fire hydrants serving a data-center site must comply with the ordinance's specified fire-hydrant requirements.
Permanent or temporary on-site power-generation equipment and fuel storage must be enclosed in a building or behind a masonry wall that screens the equipment and provides noise dampening; the enclosure is treated as part of the principal structure for setback purposes.
On-site power-generation equipment and fuel storage must comply with applicable fire codes and the ordinance's fire-and-explosives performance standard.
On-site power-generation equipment must obtain all required state and federal permits before operation.
Data centers must provide off-street parking equal to one space per employee on the largest shift, one space per company vehicle operating from the premises, and the required ADA spaces.
Benefits & exceptionsHide benefits & exceptions10
Data centers of 20,000 square feet or less are permitted uses in the zoning districts marked for that use, subject to the supplemental standards in Article 4.p.
Data centers exceeding 20,000 square feet are permitted in the designated district, identified in the supporting analysis as Heavy Industrial, subject to the supplemental standards in Article 4.q.
Large data centers may use the Major Site Plan review process under Article 7.d, with the required submission documents, instead of a separate zoning-use approval process.
The measure creates specific data-center use classifications under NAICS 518210, covering facilities of 20,000 square feet or less and facilities exceeding 20,000 square feet, rather than treating them only as general data-processing uses.
Data centers may obtain electricity from a public or private provider if the provider verifies adequate capacity and infrastructure and confirms there will be no harmful electrical interference or voltage fluctuations.
Data centers may use public or private water utilities if the provider verifies adequate capacity and infrastructure and sufficient pressure for fire protection and general service; private groundwater wells and surface-water intakes are prohibited.
Permanent or temporary on-site power-generation equipment, including backup generators and associated fuel storage, is allowed if it is enclosed or screened, complies with applicable fire and explosives requirements, and has required state and federal permits.
Walls enclosing on-site power-generation equipment may exceed the usual wall and fence height limits when needed to obscure the equipment and dampen noise; the walls are treated as part of the principal structure for setback purposes.
Data centers have a defined off-street parking requirement of one space per employee on the largest shift, one space per company vehicle operating from the premises, plus required ADA spaces.
The county rescinds its data-center moratorium, removing the temporary pause on development and allowing projects to proceed under the adopted regulations.
Sources
pending · County measureWould require Sumter County data centers to meet noise limits, verify utility capacity, use public water, and—if larger than 20,000 square feet—follow added setback and site-plan review rules.Sumter County Ordinance OA-26-01 (2026)
What this means
Smaller data centers could be built in many areas, but larger ones would be limited to heavy industrial zones and face major setbacks, noise limits, utility approvals, and detailed reviews. These rules would make many projects harder and more costly, though they do not ban data centers outright.
Timing
- Ends
- 60 days after approval
Emergency Ordinance 26-1049 establishes a 60-day moratorium on battery energy storage systems, data centers, and solar farms, effective immediately upon approval. The OA-26-01 data-center documents do not identify a moratorium, so the sources appear to address different measures.
People behind it
- Sumter County
Applicant that requested the zoning ordinance amendment.
- Sumter County Council
Directed staff to prepare the amendment and considered and approved it through multiple readings.
- Sumter County staff
Prepared the proposed amendment and developed the regulatory language.
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- Sumter City-County Planning Commission
Reviewed the proposed amendment and recommended approval to Sumter County Council.
Restrictions & requirementsHide restrictions & requirements21
Emergency Ordinance 26-1049 imposed an immediate 60-day moratorium temporarily prohibiting the development or operation of data centers in Sumter County.
Data centers must be classified under NAICS 518210 and are subject to separate standards based on size: facilities of 20,000 square feet or less are governed by Article 4.p, while larger facilities are governed by Article 4.q.
Data centers are permitted only in zoning districts marked with a “P” in the use table; facilities over 20,000 square feet are limited to the districts identified for that use.
Facilities exceeding 20,000 square feet must undergo Major Site Plan review and submit the documents required by Articles 7.d and 9.c.5 and Exhibit 24.
Data centers must comply with specified noise and ground-vibration limits at adjoining residential, institutional, commercial, and office uses. Residential and institutional limits are 55 dBA and 65 dBC during the day, 45 dBA and 55 dBC at night, and 0.05 inches per second PPV; commercial and office limits are 65 dBA, 75 dBC, and 0.10 inches per second PPV.
Noise measurements must be taken at the data-center property line and must account for occupied upper-story dwelling units and, for facilities of 20,000 square feet or less, institutional uses; where access is unavailable, upper-story impacts must be modeled using documented assumptions correlated with field measurements.
For facilities of 20,000 square feet or less, the Zoning Administrator may require an independent third-party acoustical-engineering study at the applicant’s expense at any time.
For facilities exceeding 20,000 square feet, the applicant must pay for independent third-party preconstruction and postconstruction acoustical studies. The postconstruction study must be submitted within 90 days after the certificate of occupancy or completion.
Failure to meet applicable noise limits after construction is an ordinance violation and may result in permit revocation, a stop-work order, or another remedy authorized under Article 1.d.
Applicants using electricity from a public or private provider, including for incidental activities, must obtain signed written verification that peak demand can be served, utility infrastructure is adequate and safe, other users will not lose capacity, and the data center will not cause electrical interference or voltage fluctuations.
Data centers must be served by a public or private water utility and may not use a private groundwater well or surface-water intake.
Applicants must obtain signed written verification from the water utility that peak water capacity and infrastructure are adequate, other users will continue to be served, and water pressure needed for fire protection and general service will be preserved.
All data-center cooling systems must be closed-loop systems that recirculate process cooling water; open-loop or once-through systems that withdraw and discharge source water after one pass are prohibited.
Fire hydrants serving a data-center site must comply with Article 8.h.1.
For facilities exceeding 20,000 square feet, principal structures, generators, and qualifying outdoor mechanical or electrical equipment must be at least 500 linear feet from any lot line adjoining a residential zoning district or an approved residential dwelling.
For facilities exceeding 20,000 square feet, structures must maintain at least 1,000 feet of structure-to-structure separation from an existing or approved elementary or secondary school.
Permanent and temporary on-site power-generation equipment and fuel storage must be enclosed within a building or behind a sufficiently tall masonry wall that obscures the equipment and provides adequate noise dampening; the wall counts as part of the principal structure for setback purposes.
On-site power-generation equipment and fuel storage must comply with applicable fire codes and the ordinance’s fire-and-explosives performance standard, and all required state and federal permits must be obtained before operation.
For facilities exceeding 20,000 square feet, increasing approved floor area, electrical demand, water demand, generator capacity, or modeled noise or vibration conditions, or materially increasing electrical or water demand through a cooling-technology change, requires amended or new review and updated technical studies and utility certifications before implementation.
Approval conditions for facilities exceeding 20,000 square feet must specify maximum approved gross floor area, electrical demand, water demand, generator capacity, cooling technology, and the modeled noise and vibration assumptions.
Data centers must provide off-street parking equal to one space per employee on the largest shift, one space per company vehicle operating from the premises, and required ADA spaces.
Benefits & exceptionsHide benefits & exceptions7
Data centers of 20,000 square feet or less are permitted uses in zoning districts marked “P” for that use, allowing them to proceed without conditional-use or special-exception approval, subject to supplemental standards.
Data centers larger than 20,000 square feet are permitted in the Heavy Industrial district, providing an established zoning path for large facilities.
Small data centers do not automatically require a preconstruction noise study; the Zoning Administrator may require an independent acoustical-engineer study when needed to demonstrate compliance. Larger facilities require pre- and post-construction studies.
Permanent or temporary on-site power-generation equipment, including backup generators and associated fuel storage, is allowed if enclosed and compliant with applicable fire and explosives standards and state and federal permitting requirements.
Data centers may use public or private electricity providers and water utilities if the providers verify in writing that capacity and infrastructure are adequate and service will not impair other users.
Large data centers may expand or modify approved floor area, electrical demand, water demand, generator capacity, cooling technology, or modeled noise or vibration through amended or new review, with updated studies or utility certifications as required, rather than being prohibited outright.
The parking requirement is tailored to data centers: one space per employee on the largest shift, one space per company vehicle operating from the site, and required ADA spaces.
Sources
Specific to Sumter County only.
expired · Unincorporated areasRescinds Sumter County’s temporary moratorium on approving new data-center permits in unincorporated areas.Sumter County Emergency Ordinance 26-1049
People behind it
- Artie Baker
Moved to approve second reading of Ordinance No. 26-1050, the Solar Moratorium.
- James R. Byrd, Jr.
Seconded the motion to approve second reading of Ordinance No. 26-1050, the Solar Moratorium.
- Charles T. Edens
Moved to approve second reading of Ordinance No. 26-1051, the BESS Moratorium, and seconded the motion for Ordinance No. 26-1052, the Data Center Moratorium.
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- Tasha Gardner-Greene
Seconded the motion to approve second reading of Ordinance No. 26-1051, the BESS Moratorium.
- Artie Baker
Moved to approve second reading of Ordinance No. 26-1052, the Data Center Moratorium.
Restrictions & requirementsHide restrictions & requirements3
Ordinance 26-1052 imposed a temporary moratorium on approving new data-center permits.
The data-center moratorium provided for a 180-day review period after third reading, with a possible 90-day extension if necessary.
Ordinance 26-1056 rescinds the data-center moratorium, effective upon its third-reading passage.
Benefits & exceptionsHide benefits & exceptions1
Rescinds the temporary moratorium imposed by Ordinance 26-1052 on approving new data-center permits, allowing new permit approvals to proceed once this ordinance passes third reading. The rescission applies to unincorporated areas of Sumter County and is effective upon passage of third reading.
Sources
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