Rules approved for data centers and battery storage

Jay County Commissioners in Indiana recently approved new ordinances to regulate data center and battery storage facility developments, following a year-long effort by Jay/Portland Building and Planning and the county plan commission. These new rules impose significant restrictions, including 1,000-foot setbacks from property lines and 2,500-foot setbacks from residential dwellings for data centers. Additionally, data centers must utilize closed-loop water cooling systems, adhere to strict noise limits of 50 decibels, and install 6-foot sound buffers. Permit fees for data centers were also set at 6 cents per cubic foot, with facilities only permitted in agricultural-residential zones with a special exception. The Commissioners also repealed existing one-year moratoriums on new solar, wind, and battery storage farm developments, which had been in place to allow time for drafting these new regulations. While the moratoriums on solar and battery storage facilities retroactively ended on April 28, the wind farm moratorium was set to expire on July 21. County officials, including Jay/Portland Building and Planning director John Hemmelgarn, highlighted the lack of existing models for data center regulation and expressed a desire to protect water resources, referencing a decision in St. Joseph County allowing an Amazon data center to discharge large volumes of water. During a public hearing, rural resident Jase Small voiced concerns about the new technology, advocating for stricter setbacks to be implemented proactively. Commissioner Chad Aker, who also serves on the Jay County Plan Commission, supported the ordinances, emphasizing the provision allowing adjoining property owners to waive setback requirements in writing, which he stated "gives the power back to the people." The updated solar farm ordinance, which increased permit fees and setbacks, was approved 2-1, with Commissioner Duane Monroe dissenting due to a desire for even stricter setbacks.