Proposed Data Centers Highlight Local Government's Limited Zoning Power in Alabama
Local officials in Clarke County, Alabama, are facing opposition to a proposed data center near Thomasville but have limited authority due to the state's lack of home rule for counties. Residents express concerns about electricity, water usage, and noise, prompting discussions at city and county commission meetings. State and federal lawmakers are also debating the need for more oversight and potential moratoriums on data center development across Alabama.
Local officials in Clarke County, Alabama, are navigating public opposition to a proposed data center near Thomasville, a situation mirrored in Mobile County with a proposed facility in Calvert. Residents express significant concerns regarding the substantial electricity and water consumption of these facilities, as well as potential noise pollution, fearing strain on local infrastructure. These developments highlight a broader statewide dilemma where local governments find themselves with limited regulatory power.
The core issue stems from Alabama's 1901 Constitution, which severely restricts "home rule" for most counties, leaving them unable to enact county-wide zoning or directly regulate businesses like data centers. Clarke County Commission Chairman Jackie Rush and Thomasville Mayor Sheldon Day both reiterated to residents that they lack the authority to stop projects outside municipal limits. Similarly, Mobile County Commissioner Merceria Ludgood explained that the county commission cannot permit or deny a data center due to the absence of zoning.
The debate extends to state and federal levels, revealing divided political opinions on data center development oversight. State Sen. Arthur Orr (R-Decatur) advocates for legislative changes to grant local governments more authority for project evaluation. Conversely, U.S. Sen. Tommy Tuberville, a Republican nominee for governor, supports expanding data centers for revenue, while Democratic gubernatorial candidate Doug Jones has called for a six-month to one-year moratorium to allow for stronger regulations. U.S. Rep. Terri Sewell (D-Birmingham) is co-sponsoring federal legislation for a temporary pause on construction. This year, lawmakers did approve legislation granting the Alabama Public Service Commission oversight of data centers using over 150 megawatts of electricity.