Citizen urges county to consider data center moratorium

The comments come as Cave City faces legal action from a property owner who has confirmed interest in selling land to a data center developer.

Citizen urges county to consider data center moratorium
Robin Lively listens as the Barren County Fiscal Court discusses county business following her remarks urging consideration of a moratorium on data center development. (Brennan Crain/Barrenside)

GLASGOW, Ky. — A Barren County resident asked county leaders Tuesday to consider temporary protections related to data center development while officials gather more information about potential impacts.

Robin Lively, who had previously asked Judge/Executive Jamie Byrd for permission to speak before the meeting, approached the podium Tuesday holding notes and her phone.

Lively echoed similar requests made Monday night by Paula Pedigo before the Joint City-County Planning Commission, calling for public hearings instead of informational meetings with utilities that were proposed by Planning Director Kevin Myatt at a recent Cave City Council meeting.

She also urged officials to clearly outline how they will gather and respond to public input.

“Mrs. Byrd, do you prefer letters, emails, petitions, people to show up and protest, to march or would you represent us and show our concerns?” she said. “How will you validate our concerns?”

The comments come as Cave City faces legal action from a property owner who has confirmed interest in selling land to a data center developer. A moratorium enacted in early May paused consideration of data center applications in the city.

Byrd said county leaders are continuing to study data centers, noting that officials have recently completed trainings and plan to pursue additional information as part of what she described as due diligence.

Byrd said she often considers what steps the county can take, noting that several nearby counties have recently adopted moratoriums.

County Attorney Mike Richardson speaks to Barren County Fiscal Court via Zoom during Tuesday’s meeting in Glasgow. (Brennan Crain/Barrenside)

Appearing by Zoom, County Attorney Mike Richardson said his legal opinion remains that the county cannot impose a moratorium because it lacks a land-use ordinance, also known as planning and zoning authority.

Lively, however, pointed to guidance from the Kentucky Resources Council, saying the organization has indicated a moratorium may still be possible even without zoning regulations.

“It really has no teeth to it. There is no backing to it,” Richardson said. “Quite frankly, if there was a data center in the process of building at that point, they would sue and they would probably win.”

Barren County lacks authority to impose data center moratorium, attorney says
Barren County has no countywide zoning system, limiting its ability to regulate large-scale industrial development such as data centers.

Byrd said the county also consulted Rich Ornstein, an attorney with the Kentucky Association of Counties, who agreed a moratorium without zoning regulations would have no effect.

Richardson further clarified that a moratorium is a type of regulation and requires legal authority from an existing land-use or zoning framework to be enforceable.

Officials are planning four town hall meetings at elementary schools in Temple Hill, Austin Tracy, Park City and Hiseville to discuss countywide land-use laws, with meetings expected before the new school year in mid to late July.


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