New resolution says county commissions don’t want specific power to regulate data centers
The Association of County Commissions of Alabama (ACCA) unanimously passed a resolution opposing industry-specific zoning power for data centers, despite growing public concern over their construction. County commissions generally lack zoning authority, which limits their ability to block such projects. The issue has become a political talking point, with gubernatorial candidates taking opposing stances on data center development and potential moratoriums.
The Association of County Commissions of Alabama (ACCA), representing all 67 county commissions statewide, unanimously passed a resolution opposing industry-specific planning and zoning authority for data centers. ACCA Executive Director Sonny Brasfield indicated that the group would resist any legislation granting counties specific power to halt data centers, advocating instead for a comprehensive approach to land use in unincorporated areas. Brasfield cited constitutional concerns and practical difficulties in singling out a single industry for regulation.
Alabama counties typically lack the broad zoning and planning powers held by cities, meaning they generally cannot directly block data center developments. Despite this limitation, local opposition groups, such as one in Lowndes County mobilized against "Project Red Clay," continue to voice their concerns at commission meetings. The Public Service Commission (PSC) has also clarified its restricted role, stating its authority does not extend to data center siting or environmental regulation, though it is developing a policy to evaluate large load data center contracts with utilities like Alabama Power.
The debate surrounding data centers has attracted significant political attention. Democratic gubernatorial candidate Doug Jones has called for a one-year moratorium on new data center construction to allow communities time to establish regulations and empower local commissions. In contrast, Republican candidate U.S. Sen. Tommy Tuberville champions data centers as vital for Alabama's economic growth, suggesting municipalities prioritize tax incentives over imposing development restrictions. This divergence highlights a key issue in the upcoming general election.