Townships consider data center moratoriums

The Shelby County Regional Planning Commission is actively supporting townships within Shelby County, Ohio, by providing a standardized, legally approved template for temporary moratoriums on data center developments. This proactive measure is intended to allow local communities sufficient time for thorough research, public engagement, and the crafting of appropriate zoning regulations tailored to each township's specific priorities. Angela Hamberg, Director of the Shelby County Regional Planning Commission, presented this initiative at the Shelby County Trustees & Fiscal Officers Association meeting. With the prosecutor's office's endorsement, Hamberg recommended that townships implement a nine-month moratorium. This recommendation follows Ohio Attorney General Dave Yost's recent certification of ballot information for a proposed statewide ban on data centers consuming over 25 megawatts of power per month, which requires signature collection to appear on the November ballot. Hamberg also suggested that each township conduct public meetings before enacting any moratoriums. Under Ohio Revised Code Chapter 519, Ohio townships possess the statutory authority to regulate zoning and land use within their unincorporated territories. This power enables them to guide growth, safeguard property rights, and promote public welfare. While townships can adopt zoning resolutions to control various aspects of land use, including building specifications and population density, they do not have the authority to impose an outright ban on data center development. In previous years, nearly all Shelby County townships have utilized this authority to implement zoning regulations for small-scale solar projects. Generally, the Board of Township Trustees is responsible for adopting zoning resolutions, a process that involves adhering to ORC guidance, holding public hearings, and considering recommendations from both the township zoning commission and the regional planning commission. However, state law imposes certain limitations, for instance, exempting certain public utilities or railroads from township zoning. Townships in Shelby County and across Ohio customize their zoning resolutions to meet local needs while ensuring compliance with statewide statutes.