The McDowell County Planning Board is currently working to develop regulations for data centers in McDowell County.
The Planning Board meets on the 4th Monday of each month at 6:30 PM in the lower level of the McDowell County Services Building. All meetings are open to the public, and public comment is welcome.
Below are answers to frequently asked questions regarding the regulation development process:
Can the county outright ban data centers?
No. McDowell County cannot outright ban data centers. Property owners have a constitutional right to make reasonable use of their land. Rules and regulations must serve a clear, public purpose without being overly broad or exclusionary.
Will the public have the opportunity to be involved in the development of regulations?
Yes. There are several opportunities for public input:
1. Planning Board Meetings: The Planning Board actively seeks public input. The next meeting is scheduled for Monday, November 23rd, at 6:30 PM in the McDowell County Services Boardroom.
2. Board of Commissioners Review: The Planning Board serves in an advisory role. Any recommendations will go before the Board of Commissioners for consideration.
3. Public Hearing: Per North Carolina General Statute 160D-601, local governing boards must hold a public hearing, which will be advertised for two successive weeks in the local newspaper.
Key Regulatory Focus Areas:
- Standalone Ordinance: The Planning Board is working on a standalone ordinance for unincorporated areas outside current zoning jurisdictions.
- Zoning Ordinance Updates: Zoning regulations will be updated to address potential data center locations without constituting downzoning.
- Scope of Regulations: The Board is evaluating rules related to:
- Acoustical studies (sound levels, noise propagation, vibration, and sound behavior)
- Traffic impact analyses
- Power and water usage studies
- Conservation plans ( power, and water minimization)
- Decommissioning plans
- Drought contingency plans
- Waste plans (including e-waste, wastewater, etc.)
- Lighting plans
- Separation requirements (distance between data centers and adjacent homes, schools, churches, etc.)
- Structure setbacks and property buffers
- Other relevant issues that arise during discussions
