Fort Smith Board of Directors mulls possible regulations for data centers
The Fort Smith Board of Directors is discussing potential new regulations for data center development, with a primary focus on water consumption and the possibility of charging higher water rates. This discussion comes despite no specific data center projects currently being proposed for the city. Local residents also voiced concerns about water usage, noise, air pollution, and financial risks associated with data centers.
The Fort Smith Board of Directors held a study session to discuss possible regulations for data center development, with water consumption emerging as a top concern. Director Kevin Settle initiated the discussion, expressing interest in requiring board approval for all data center projects and exploring elevated water rates for data centers, potentially a "four times surcharge" for those within or near the city.
Acting City Administrator Jeff Dingman's memo outlined that existing city ordinances, passed in October 2023, allow data centers in "industrial light" zones with conditional use approval and "by right" in "industrial moderate" and "industrial heavy" districts. However, the memo suggests that if the board pursues additional requirements, such as enhanced setbacks, public utility capacity certifications, water usage reports, or noise studies, it would necessitate zoning code text amendments.
Local residents, including Jason Skirbitz and Jo Elsken, spoke during the citizens forum, highlighting concerns about water usage, noise, air pollution, and the financial risks associated with data centers. Director Christina Catsavis raised concerns about the potential "unintended consequences" of a water surcharge, suggesting it might push developers towards closed-loop systems that consume less water but generate more noise. The discussion is set against the backdrop of a statewide increase in data center projects in Arkansas, including major developments by Google and Serverfarm, and a state law (Act 851 of 2023) that prohibits local governments from outright banning data centers.