Highlands County, Florida, reviews zoning to restrict data centers
Highlands County, Florida, is actively reviewing its zoning and land-use regulations to potentially limit or deny the construction of large-scale data centers, following the enactment of state law SB 484. The county attorney is evaluating changes to noise and lighting ordinances, as well as the necessity of a moratorium, and considering future regulation within state law. The new state law also addresses electricity costs and water use requirements for data centers.
Highlands County, Florida, is undertaking a comprehensive review of its land-use and zoning regulations to determine how it can limit or deny the construction of large-scale and hyperscale AI data centers within its borders. This initiative follows the signing of Senate Bill 484 into law by Governor Ron DeSantis in May, which empowers Florida counties to use planning and zoning tools to regulate data center projects.
County Attorney Sherry Sutphen informed the Highlands County Commission at their August 18 meeting that her analysis includes potential changes to the county's noise and lighting ordinances, as well as exploring specific regulations for areas zoned as Planned Unit Development (PUD). Sutphen initially indicated she was investigating a moratorium on data centers but later clarified that the county is not currently planning to adopt one, instead focusing on future regulation changes within the scope of Florida law.
The legislative efforts at both state and county levels are partly driven by concerns over data centers' immense electricity demands. SB 484 includes provisions that prohibit utility companies like Florida Power & Light and Duke from passing the substantial costs of data center electricity, transmission upgrades, and infrastructure onto residential and small-business ratepayers. Additionally, the new state law establishes specific consumptive use permit requirements through water management districts, potentially mandating the use of reclaimed water for large-scale data centers. Other communities, such as Indian River County and Vero Beach, have also moved to restrict data center development based on local land-use interpretations.