Hancock County Board Enacts 24-Month Data Center Moratorium
Hancock County board approved a 24-month temporary moratorium on data center permits. This action followed discussions regarding the county's authority to regulate such projects, particularly without established county-wide zoning. An energy attorney advised the board on their limited powers under state law.
The Hancock County board has approved a 24-month temporary moratorium on issuing permits for data centers, effective June 16. This decision was made amidst ongoing discussions about the county's regulatory authority over wind, solar, and data center projects, especially in light of state laws requiring county ordinances to adhere to state building standards.
Energy attorney Andrew Kite, who has advised over 30 counties on land use and zoning, clarified the board's powers via Zoom. He explained that without voter-approved zoning, the board has limited authority to regulate the location, design criteria, or setbacks of data centers, though it retains some police powers for nuisance issues and road authority. County board president Mark Menn raised concerns about county rights without zoning, while Steve Lucie emphasized protecting neighboring landowners from project impacts.
The board also discussed tightening solar and wind ordinances and postponed action on special use permits for two solar projects, Hwy 61 Sun LLC and Hwy 61 Sun 2 LLC, until they meet amended county regulations. Tom Dale was appointed as a solar site assessment officer.