Birmingham approves data center ordinance, facing public’s criticism
The Birmingham City Council approved a new ordinance regulating data center zoning despite significant public criticism, particularly regarding the removal of special exception requirements for hyperscale facilities. The council had previously enacted a 180-day moratorium on new data center proposals and cited the need to prevent existing facilities from expanding unchecked. The new ordinance includes requirements for setbacks, closed-loop water cooling, and noise studies, and applies to different classes of data centers.
The Birmingham City Council has approved a new ordinance to regulate data center zoning, a decision made despite considerable public opposition. Residents packed the city council chamber, urging revisions to the proposed ordinance, specifically objecting to the removal of special exception requirements for hyperscale data centers.
The vote came after the council enacted a 180-day suspension on new data center proposals in March. Council members, including Hunter Williams, Clinton Woods, and Josh Vasa, argued that delaying the vote further could allow currently permitted facilities, such as a project backed by AI cloud company Nebius in the Oxmoor Valley community, to expand without adhering to the new regulations. Mayor Randall Woodfin praised the ordinance as one of the nation's strongest, developed in response to public concerns about air quality, property values, and increased energy bills.
The approved ordinance defines various data center classifications, from fiber huts to hyperscale facilities, and sets specific zoning requirements. Hyperscale data centers, defined as those over 200,000 square feet or exceeding 30 megawatts of electrical demand, must adhere to 20 requirements, including using closed-loop water-cooling systems, maintaining a 500-foot setback from residential zones, and conducting noise studies. Environmental and civic organizations, including the Alabama Rivers Alliance and the Greater Birmingham Alliance to Stop Pollution (GASP), acknowledged the council's efforts but emphasized the need to reinstate public participation mechanisms and strengthen environmental safeguards.