Midwest City, OK Proposes New Data Center Zoning Rules
Midwest City, Oklahoma, is proactively drafting comprehensive zoning regulations for data centers, despite not having received any proposals yet. The proposed ordinance includes special use permits, setback requirements, noise limits, and extensive disclosure requirements for electricity and water usage. This approach contrasts with other Oklahoma cities that have enacted moratoriums.
Midwest City, Oklahoma, is moving to establish data center zoning rules proactively, ahead of any specific development proposals. The proposed ordinance, which awaits approval from the Midwest City Council, mandates special use permits for data centers, restricting them to industrial districts and imposing significant setbacks from residential properties, ranging from 500 to 1,000 feet based on facility size.
City Manager Tim Lyon highlighted that the rules would necessitate early disclosure from developers on critical aspects such as electricity demand, potential substation requirements, daily and annual water consumption, wastewater output, chemical use in water treatment, and backup generator presence. Noise pollution is also addressed, requiring pre- and post-construction sound studies and capping noise levels at property lines, with mechanical equipment and substations needing screening.
This approach diverges from that of neighboring Oklahoma cities like Oklahoma City, Edmond, and Shawnee, which have implemented or extended moratoriums on new data center applications to study their impacts. Midwest City instead aims to create a clear regulatory framework to manage potential issues like environmental impact and infrastructure strain, aligning with recent statewide efforts like the Data Center Consumer Ratepayer Protection Act and mandates for closed-loop cooling systems for groundwater permits.
Despite the proactive measures and the absence of current developer interest, the proposed ordinance's disclosure requirements also intersect with Oklahoma's tax landscape for the industry, following the repeal of a state property tax exemption for data centers in 2021. The Midwest City Council is expected to vote on the regulations on September 22.