Barren County releases draft rules for data centers, other high-intensity developments
The 88-page draft would establish requirements for projects with large electricity, water and infrastructure demands.
GLASGOW, Ky. — Barren County planning and zoning officials released an 88-page draft Friday outlining proposed regulations for data centers and other high-intensity technological infrastructure developments.
The proposed rules would establish requirements for projects that could place significant demands on the county’s electricity, water, roads and other infrastructure.
The draft is one section of Barren County’s developing land-use ordinance, which is being overseen by the Joint City-County Planning Commission at the direction of the Barren County Fiscal Court.
A committee was appointed to provide guidance as the Planning Commission develops the ordinance. Under state law, the Planning Commission is responsible for developing the ordinance, while the Fiscal Court ultimately decides whether to adopt it into law.
The push for countywide zoning came after some residents called for a moratorium on data centers. Barren County Attorney Mike Richardson previously said the county could not impose a moratorium without legislative authority.
Instead, officials have been working to establish rules for how major developments would be evaluated before projects are considered.
A separate set of rules for HITI
The Planning Commission hired Reese True, managing director of The Kentucky Steward LLC, in July to provide technical and advisory assistance in developing regulations for high-intensity technological infrastructure, or HITI.
The commission is paying True up to $14,025 for his work on the HITI regulations.
Brennan Crain
True’s work is specifically focused on issues including infrastructure capacity, water and wastewater, groundwater protection, power demand, electrical-grid and ratepayer impacts, environmental concerns, land-use compatibility and operational safeguards.
The draft released Friday addresses many of those same issues.
Planning Director Kevin Myatt previously told the Fiscal Court that the commission believed having an expert in the field would help officials develop appropriate regulations.
Myatt also said True’s work was not tied to a specific data center proposal. Instead, the consultant was hired as part of the county’s effort to establish regulations before potential projects are considered.
HITI can include data centers, artificial intelligence facilities, cloud computing operations, high-performance computing facilities, cryptocurrency mining operations and other technology-related developments with similar characteristics.
Which projects would be covered?
The proposed regulations would apply to developments meeting at least one of several thresholds.
That includes projects with an anticipated peak electrical demand of 10 megawatts or more, projects requiring a dedicated electrical substation or primary utility infrastructure, or facilities with more than 100,000 square feet of space primarily used for technological processing or digital infrastructure.
The rules also would apply to phased developments expected to exceed those thresholds once fully built out.
A project initially below the thresholds could become subject to the HITI regulations if it later expands or increases its utility demand enough to exceed them.
Conditional-use approval required
HITI developments would be allowed only as conditional uses in zoning districts specifically identified by the county’s zoning ordinance. Under the current draft, Heavy Industrial (I-2) is the only district where they would be allowed.
A zoning change would not eliminate the need for a separate Conditional Use Permit.
The zoning process would determine whether the property and general land use are appropriate, while the Conditional Use Permit process would address the specific project's impacts, mitigation measures and operating requirements.
Brennan Crain
The draft also would allow the Planning Commission to bring in independent technical experts to review an application.
Those experts could include engineers, geologists, hydrogeologists, acoustical engineers, utility specialists, environmental scientists, traffic engineers and economic analysts.
The applicant would be responsible for those review costs through an escrow account.
Electricity and water
Much of the proposed regulation focuses on the infrastructure demands of large technology facilities.
Applicants would have to provide information about expected electrical demand, existing utility capacity, necessary upgrades and the potential effect on existing electric customers.
The review also would consider transmission and distribution improvements, substations, backup power and other electrical infrastructure.
Water use would receive similar scrutiny.
Applicants would have to identify proposed water sources and evaluate expected demand during normal operations, full buildout, drought conditions and future expansion.
The draft calls for consideration of groundwater, surface water and karst resources, as well as potential impacts on existing water users.
Noise, appearance and environmental protections
The proposed regulations also establish standards for noise, lighting, visual impacts and screening.
Applicants would have to document existing conditions and submit a professional noise assessment.
Unless different limits are approved through the permitting process, normal operations would be limited to 55 decibels during the day and 45 decibels at night at occupied residential property lines.
The draft also calls for a minimum 100-foot vegetated buffer next to residentially occupied property unless the Planning Commission approves otherwise based on a site-specific analysis.
Buildings taller than 60 feet would receive additional visual review, including simulations and analysis of their effect on nearby properties, roads and public viewpoints.
Environmental requirements would address issues including stormwater, groundwater protection, hazardous materials and construction impacts.
The Planning Commission could require environmental audits and independent environmental reviews, with those costs paid by the applicant.
Rules would continue after approval
The proposed regulations would not end once a project receives approval.
Operators would have continuing monitoring and reporting requirements, including annual environmental performance reports.
Major expansions or modifications could require additional technical studies, public notice, public hearings and further review.
Brennan Crain
The commission also could consider utility, water, environmental, public-service and community impacts when reviewing future changes to a facility.
The draft also addresses what happens if a facility closes.
The county could require developers to provide financial assurance for decommissioning, including through bonds, letters of credit, escrow accounts or trusts. The rules generally would require the removal of buildings, equipment and other infrastructure and restoration of the site.
What happens next?
The HITI regulations remain a draft and are not yet law.
The Land-Use Committee is scheduled to review the HITI section at its next meeting on Sept. 3 at 6 p.m. as part of its broader review of the proposed zoning ordinance.
A public hearing is scheduled for Sept. 21 at 7 p.m. during the Planning Commission’s meeting. The commission is expected to vote on the whole zoning ordinance that night.
If approved, the ordinance would then move to the Barren County Fiscal Court, which would have to approve it through the required ordinance process before it could take effect.
View the HITI portion of the ordinance here. The remaining sections of the ordinance are also available online.
Some portions are being revised following the Land-Use Committee’s Aug. 20 meeting, during which members recommended changes.
