Updated with additional comments.

CLARKSVILLE, TN (CLARKSVILLE NOW) – The Montgomery County Commission voted Monday night to approve tight zoning restrictions on any future data centers, including limits on setbacks, noise, as well as water and power use. After hearing feedback from the public, the commission made one change to make the limits even tighter.

After discussion, the commission approved an amendment to the resolution expanding the minimum setback for residential properties from 100 feet to 500 feet. The commission also discussed but did not approve postponing the resolution, and the idea of a moratorium on data centers.

With the resolution being amended, it now reverts back to the Regional Planning Commission for review for a second time, before returning to the County Commission next month. Commissioners said they do have additional questions that needed to be answered moving into November.

Background of proposal for data center restrictions

In September, Regional Planning Commission Director Jeff Tyndall told Clarksville Now the resolution will add protections for the community because data centers hadn’t been addressed in county or city zoning.

He said if the restrictions are well received, the RPC will bring something similar to the Clarksville City Council.

Seven items are included in a checklist future applicants must follow to obtain data center approval from the Board of Zoning Appeals:

  • Property must be a minimum of 10 acres, and no larger than 100.
  • Minimum setback from all zones, with the exception of M1 and M2, would be 100 feet.
  • Applicant must provide a noise plan proving the location and the extent of noise would be no greater than 3 decibels over ambient levels. 
  • Noise cannot exceed 55 decibels if the location is adjoining a property not zoned M1 or M2. (55 decibels is about equal to the hum of a household refrigerator.)
  • Applicant must provide a letter from the water provider confirming that the facility can supply water. If the facility must draw water from a surface water facility, the applicant must have appropriate approval from TDEC or other federal agencies.
  • Applicant must provide a letter from the power and gas provider confirming the facility is capable of providing electricity to the property.
  • Applicant is responsible for the costs of infrastructure improvements necessary to provide utility services to the facility, and the utilities needed are the sole responsibility of the data center. 

While commissioners mentioned adding other restrictions in the future, the only change on Monday was to the minimum setback for residential properties.

Concerns about 100-foot setback, light pollution given off by data centers

The amendment approved Monday originated from Commissioner Joshua Beal, who said he believed a 100-foot minimum setback for residential properties is not enough, and he proposed a setback of 1,000 feet instead. After going back and forth on the distance, Beal’s amendment settled at 500 feet, then it was approved.

Beal said he’s also concerned with light pollution. “This resolution doesn’t talk about that at all. Another issue that I have is how we are enforcing the rules; there’s not a regulation in place if neighbors have noise or light complaints.”

Beal said a framework of restrictions needs to be established, but more needs to be done. “We need add more stipulations, add to regulations,” he said.

Tyndall said the zoning update can be adjusted to address the commission’s concerns.

“These are definitely stopgaps, but can it be adjusted for individual concerns, studies and opinions others have found doing their research in the last two weeks and hearing from their constituents, absolutely,” he said. “This is honestly the first I’m hearing about light (pollution), so we’ll look into that further.”

The amended resolution was approved 17-4 with LaTonia Brown, Lekeshia Hicks, Jeremiah Walker and Carmelle Chandler voting against.

Public comments, call for moratorium

Resident Nader Dagher spoke during public comment, calling for going beyond the restrictions to enact a moratorium. “Most communities in the Middle Tennessee area oppose constructing new data centers,” Dagher said.

He said several communities have enacted moratoriums to discuss further the construction of any future data centers in their areas, including Metro Nashville. “They are not employers, they are not accountable to the citizens of this area, and they simply run their business from a distance. We don’t like them; we don’t like the business they conduct locally and worldwide. … If you have to at least, please enact a moratorium so this can be discussed further.”

There are no data center proposals under consideration in Montgomery County.

Resident Matt Shaw also spoke out against any future data center development in Montgomery County. “These data centers are a blight on landscape wherever they go,” Shaw said. “They produce nothing good for the public, they only produce pollution, noise and higher utility costs. The public knows this, and as a result, regular people fight back against these things whenever they try to build one.

“The public stands against these data center developers who are on a wild hunt for profits in the midst of a declining economy.” Shaw said citizens still need answers to their questions and called for a moratorium as well.

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