Pulaski County Judge Barry Hyde vetoes ordinance on data center regulations
Pulaski County Judge Barry Hyde has vetoed an ordinance that would establish regulations and a new permitting process for large-scale data centers. The ordinance was approved by the county’s Quorum Court, which now plans to seek an override of the veto at its next meeting. Judge Hyde cited concerns about legal and financial risks, as well as the county's administrative capacity, as reasons for his veto.
Pulaski County Judge Barry Hyde vetoed an ordinance aimed at establishing new regulations for large-scale data centers, just three days after it was approved by the Quorum Court in an 11-4 vote. Justice of the Peace Julie Blackwood, a sponsor of the ordinance, stated that Quorum Court members intend to seek a three-fifths majority override of Hyde's veto at their next regular meeting.
The proposed regulations would have created a new permitting process for "high-intensity digital infrastructure," requiring developers to submit detailed information on elements such as noise, emergency response, traffic impacts, water use, and power demands. The push for these county-level regulations comes as AVAIO Digital Partners seeks to build a $6 billion data center in an unincorporated area of south Pulaski County.
In his six-page veto letter, Judge Hyde explained that his decision was not based on opposition to reasonable regulation but on concerns that the ordinance could expose the county to "unnecessary legal and financial risk." He specifically cited provisions that would apply to projects without final county approvals, potentially leading to costly litigation over vested rights. Hyde also expressed concerns about the county's lack of preparedness to administer such a regulatory program, including undefined roles, required expertise, and costs.
He further noted that the ordinance's appeal process, which would send decisions from the Planning Board to the Quorum Court, conflicts with state law. Hyde also raised fears about losing future tax revenue from major projects, advocating for careful drafting that balances neighborhood protection and investment. Democratic nominee for county judge, Wendell Griffen, who defeated Hyde in the March primary, endorsed the override effort, arguing that Hyde acknowledges the need for regulation but has not provided an alternative framework.