Court proposes new, more restrictive data center regulations
The Oldham County Fiscal Court has conducted a first reading on new, more restrictive data center regulations, following an earlier rejection of previous regulations and the expiration of a data center moratorium. The proposed changes, which include a 10-megawatt power capacity limit and increased notification requirements, passed unanimously at the first reading. A public hearing and final vote are scheduled for October 6.
The Oldham County Fiscal Court in Kentucky has proposed new, more restrictive regulations for data centers, passing a first reading of these changes unanimously on September 1. This action follows the court's earlier 5-4 vote on August 18 to deny a previous set of data center regulations, and the subsequent expiration of a moratorium on data center development.
Judge Executive David Voegele introduced several key changes to the regulations. These include removing references to "large" and "hyperscale" data centers and imposing a maximum power capacity of 10 megawatts, which would effectively ban hyperscale projects. Additionally, the maximum square footage for "medium" data centers would increase to 110,000 square feet, and property owners within 1,000 feet of a proposed project would require two weeks' advance notification for neighborhood meetings. The court plans a public hearing and final vote on these regulations during its October 6 meeting. During public comment, resident Don Erler raised concerns about a state law mandating final action on zoning map amendments within 90 days of the planning commission's recommendation, though County Attorney D. Berry Baxter clarified that this particular law applies to zoning changes, not regulatory changes, an opinion concurred by the Kentucky Association of Counties.