Birmingham City Council Approves Data Center Ordinance
The Birmingham City Council approved a new data center ordinance establishing 20 conditions for hyperscale data center developments. Despite significant public opposition, the ordinance passed with a 6-3 vote. It notably removes the special exception process, limiting public input on future projects, but includes protections like 500-foot setbacks and requirements for closed-loop cooling systems.
The Birmingham City Council recently approved a new data center ordinance by a 6-3 vote, despite months of public opposition and debate. Crowds gathered outside City Hall, including many non-Birmingham residents, to express their strong disapproval of data centers coming to the community, as reported by ABC 33/40's Emily Cundiff.
A significant change in the new ordinance is the removal of the special exception process. This means that if a new hyperscale data center project applies for a permit and complies with all 20 established protections, the city will not be required to hold a public hearing. Opponents voiced concerns that this change removes the public's ability to have meaningful input and to present evidence or question project details.
The approved ordinance includes 20 specific protections for data center developments. Among these are a mandatory 500-foot setback from residential and urban neighborhood districts, and a requirement for new and expanded hyperscale data centers to use closed-loop cooling systems. Any applicant meeting these 20 conditions will be able to move forward with a permit application.
The new ordinance is set to take effect soon.