Loading map…
Regbase

The Data Center Divide

Stephens County

Anti-Data Center Policies

Stephens County requires large data centers to submit studies and public notices, potentially adding costs and delays, but the policy does not grant general permitting or blocking authority.

current law · Unincorporated areas
Establishes a standardized review process for major industrial developments in Stephens County’s unincorporated area that may affect roads, water, drainage, emergency services, health, safety, or welfare, while expressly not creating zoning, general permitting authority, or a moratorium (the order and policy).Stephens County, Texas Major Industrial Development Review Policy and Schedule of Required Submissions (Proposed Order)

What this means

Large data centers would face a substantial review package, technical studies, possible review-cost reimbursement, and public-notice steps, which could add expense and delay. But the policy says it does not create permitting authority and does not grant the county general power to block projects, so the added burden is meaningful but not a ban.

People behind it

  • Adopted the Major Industrial Development Review Policy, Schedule of Required Submissions, and Proclamation.

  • Stephens County Judge authorized to administer the policy and receive and route development review packages.

  • Designated technical reviewer of development review packages on behalf of the County.

Show 1 more peopleShow fewer people
  • Reviews development review packages and provides legal review in coordination with the County Judge and County Engineer.

Restrictions & requirementsHide restrictions & requirements19
  • A data center in the unincorporated county is subject to the Major Industrial Development review process if it has an estimated peak electrical load of at least 20 megawatts, water demand of at least 50,000 gallons per day, site disturbance of at least 20 acres, qualifying heavy-truck traffic, or capital investment of at least $25 million.

  • The review process applies regardless of project size if the developer requests a county tax abatement, payment-in-lieu-of-taxes arrangement, other county incentive or financial participation, or plans to use new on-site groundwater wells.

  • Related phases, nearby projects under common control, and functionally connected projects are aggregated over any 36-month period, preventing a developer from avoiding review by dividing the data center project into smaller components.

  • A covered project must submit a complete development review package, and the County may require additional information reasonably necessary to evaluate impacts on infrastructure, water, drainage, or emergency services.

  • The package requires numerous traffic and road submissions, including a traffic impact analysis, heavy-haul route study, construction traffic plan, bridge-capacity analysis, pavement-degradation study, and road-use or road-maintenance agreement.

  • A project using a county road or bridge may be required to enter a road-use or road-maintenance agreement and provide financial assurance, such as a bond, letter of credit, or cash escrow, for road and bridge repairs.

  • The applicant must provide detailed water-demand, cooling, recycling, backup-supply, and drought-contingency information, together with a water-utility commitment letter when applicable.

  • A project supplied in whole or in part by new on-site groundwater wells must provide aquifer-impact and groundwater-availability studies, even though the document states that no groundwater-conservation-district permit is currently required in the county.

  • Development in a mapped flood-hazard area requires a floodplain development permit, and covered projects must provide stormwater and drainage plans plus impervious-cover and detention analyses.

  • Projects using septic systems or discharging wastewater must provide the applicable OSSF permit or TCEQ wastewater-discharge documentation.

  • A subdivided site must satisfy county plat and subdivision requirements, and the project must coordinate 911 or rural addressing and access with the County or regional 911 program.

  • The applicant must provide a fire-protection and emergency-response plan, hazardous-materials disclosure, fire-suppression water information, and coordination with the serving fire department or emergency-services district.

  • Where applicable, the project must provide proof of air-quality authorization and address federal environmental requirements, including NEPA reviews, biological studies, wetlands and stream-impact documentation, and Section 404 and Section 401 approvals.

  • The County may retain independent engineers, consultants, and outside counsel to review the project, with reasonable actual review costs recovered through authorized fees or a cost-reimbursement agreement; participation and execution of such an agreement may be conditions of County coordination and placing the matter before the Commissioners Court.

  • Before Court consideration, the developer may be required to hold one or more public meetings with 30 days' advance notice, post signs at the site, notify adjacent landowners and local news media, and disclose projected water use, construction traffic, noise, and economic impacts.

  • The Commissioners Court must consider the review package, technical evaluation, public comments, and proof of compliance with applicable authorities before taking up the matter, and the Playbook directs that incentive decisions be heard at two consecutive meetings.

  • A requested county tax abatement is limited to the increase over the base-year value, may last no more than 10 years, requires a designated reinvestment zone and adopted county guidelines and criteria, and may include recapture of abated taxes if guaranteed investment, employment, payroll, or in-service commitments are not met.

  • The Applicant Questionnaire requires forward-looking commitments to be identified as estimates or guarantees; guarantees made in a tax-abatement request become the figures used for recapture under the agreement.

  • The project must provide a decommissioning and cleanup plan and identify financial assurance for decommissioning and cleanup costs, such as a surety bond, escrow, or letter of credit.

Benefits & exceptionsHide benefits & exceptions6
  • A county tax abatement may cover the increase in property value above the base-year value for up to 10 years, if the project is in a designated reinvestment zone and the County has adopted the required guidelines and criteria. an abatement may apply only to the increase in value over the base-year value

  • The County may pair a tax abatement with a negotiated payment in lieu of taxes, structured as a percentage of otherwise-owed taxes or a fixed annual payment schedule. Abatement paired with a PILOT

  • The policy expressly states that it is not a zoning ordinance, does not prohibit lawful uses, and does not impose a moratorium, limiting the County’s ability to use this policy itself to block or restrict a lawful data-center project. does not prohibit any lawful use

  • The policy does not create new county permitting authority; where the County lacks approval authority, submissions are informational rather than additional regulatory approvals. does not create permitting authority the County does not otherwise hold

  • For projects below the policy thresholds that do not request a county incentive and do not use new on-site groundwater wells, the broader questionnaire process is voluntary; the County exercises only its existing permit authority. completing the Questionnaire is voluntary

  • The County may coordinate the project review with TxDOT, TCEQ, the Texas Water Development Board, regional flood-planning authorities, and the State Fire Marshal’s Office, providing a formal channel for multi-agency coordination. County officials will coordinate review

Sources

Data provided by Regbase · Cookie preferences · Report missing data