Birmingham City Council Adopts New Data Center Regulations

The Birmingham City Council recently approved a new ordinance establishing comprehensive zoning regulations for data centers, despite some public opposition. The new rules, passed after a contentious meeting, categorize data centers into micro, medium, and hyperscale, with larger facilities facing more stringent requirements. For hyperscale data centers, defined as those over 200,000 square feet or consuming more than 30 megawatts, there are 20 specific requirements.

Key provisions include mandates for closed-loop cooling systems to conserve water, a measure advocated by environmental groups, as confirmed by Mayor Randall Woodfin. The ordinance prohibits fossil fuel generators as a primary power source, reserving them for backup and testing, while allowing battery storage, including grid-charged or on-site solar options. Developers must provide extensive information on projected water and electricity use, utility providers, and new infrastructure needs.

Additional requirements for hyperscale facilities involve screening mechanical equipment from public view, conducting pre- and post-construction noise studies, and maintaining specific buffers (500 feet from residential areas, 1,000 feet from transit stations). The final ordinance removed an earlier proposal for a special-exception public hearing for all hyperscale projects; instead, the approval process depends on the project's specifics and zoning district. The city's zoning and code enforcement staff are tasked with administering these rules, although questions remain regarding post-construction monitoring for compliance.