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The Data Center Divide

Hamilton County

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

Slightly Pro-Data Center Policies

Hamilton County enacted a one-year pause on new data centers and major expansions in unincorporated areas, blocking most permits and approvals, with limited exceptions and waivers; existing facilities may continue operating.

Rating from Tennessee statewide as there are no scored current or future laws outside temporary restrictions for Hamilton County.

Specific to Hamilton County only.

current law · Unincorporated areas
Prohibits new data centers and major expansions in unincorporated Hamilton County for one year while officials develop stricter rules.Hamilton County Commission Resolution 726-23 — One-Year Moratorium on New Data Centers in Unincorporated Hamilton County

What this means

The measure would pause new data centers and significant expansions across unincorporated Hamilton County for one year, and block permits and other approvals during that time (one-year moratorium). Existing facilities could keep operating, and limited exceptions and waivers apply, but the broad temporary freeze would make development substantially harder and cause delays.

Timing

Ends
one (1) year from the date of adoption

The moratorium may be extended, shortened, or terminated earlier by further resolution of the Hamilton County Commission.

People behind it

  • County Mayor who proposed the one-year moratorium.

  • Governing body that adopted and authorized the moratorium.

  • Moved to adopt Resolution No. 726-23.

Show 2 more peopleShow fewer people

  • Seconded the motion to adopt Resolution No. 726-23.

  • Department directed to administer the study, engage stakeholders, and develop proposed long-term zoning regulations.

Restrictions & requirementsHide restrictions & requirements8

  • A one-year moratorium prohibits establishing new data centers or significantly expanding existing data centers in unincorporated Hamilton County. one-year moratorium

  • During the moratorium, the County may not accept, process, approve, or issue zoning amendments, site plans, development plans, building permits, or other approvals that would authorize or vest rights for constructing, operating, or significantly expanding a data center. shall not accept, process, approve, or issue

  • The moratorium applies throughout all unincorporated areas of Hamilton County and in every zoning district, covering actions that facilitate a new data center or a significant expansion of an existing one. throughout the unincorporated areas

  • A facility is treated as a data center if it primarily operates digital-information equipment and environmental-control equipment and either is projected to have a peak electric demand of at least 1 MW or refuses to disclose its peak demand. projected to have a peak electric demand of 1 MW

  • Lawfully existing data centers are exempt only for routine maintenance and repairs that do not increase capacity or impacts; projects with final, unappealable vested rights obtained before the effective date are also exempt. routine maintenance and repairs that do not increase capacity or impacts

  • The resolution prohibits attempts to evade the moratorium, including fragmenting a project into smaller facilities or phases, reclassifying the use, or taking other actions intended to avoid the restrictions. fragmenting projects into multiple smaller facilities or phases

  • An entity seeking relief must apply for a waiver through the Planning Department, and the request must be reviewed by the County Commission, which may grant it only if deemed necessary for the County's general health or welfare. apply for a waiver

  • The moratorium takes effect immediately upon passage and remains in effect for one year unless the County Commission extends, shortens, or terminates it earlier by further resolution. effective immediately upon its passage

Benefits & exceptionsHide benefits & exceptions5

  • Data centers with a projected peak electric demand below 1 MW, if they disclose that demand, do not fall within the resolution’s definition of a “Data Center” and therefore are not subject to this moratorium.

  • The moratorium prohibits only “significant expansions” of existing data centers, so expansions that are not significant are not expressly prohibited.

  • Lawfully existing data centers may continue operating, and may perform routine maintenance and repairs that do not increase capacity or impacts.

  • Projects with final, unappealable vested rights obtained before the resolution’s effective date are exempt from the moratorium and may proceed under those rights.

  • Any entity may apply for a waiver through the Hamilton County Planning Department, and the County Commission may grant one when it considers the waiver necessary for the County’s general health or welfare.

Sources

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