Quorum Court adopts emergency ordinance to regulate high-intensity data centers

The Pulaski County Quorum Court on Sept. 22 adopted ordinance 26 I 56 as amended, a measure that classifies high-intensity digital infrastructure as a conditional use in unincorporated Pulaski County and establishes permitting, inspection, monitoring and decommissioning standards. The final roll-call vote was 11 in favor and 4 opposed.

Supporters said the ordinance fills a gap in local land-use rules for data centers. After a proposed amendment restored an "emergency clause," counsel explained the immediate legal effect: "So by amending the emergency clause back into it, you have an emergency ordinance," said Justin, a court staff member, adding that an emergency ordinance goes into effect upon the county judge's signature and county-clerk affirmation but may be amended later.

Opponents and several justices argued the emergency clause short-circuits the planning department's planned 60–90 day review. "By placing this emergency ordinance on it, we have circumvented that," a lawmaker said during debate, expressing concern the court had taken the planning board's assignment on itself. Other members pointed to possible inconsistencies in the ordinance language regarding utility regulation and the Public Service Commission's jurisdiction.

The amendment that added the emergency clause was adopted earlier in the meeting (vote recorded as 14 ayes, 1 abstention). After additional discussion about whether the planning board would revisit the ordinance, the court proceeded to a final adoption vote on the amended ordinance.

The ordinance text, as read by the clerk, includes performance standards, cost-recovery provisions, inspection and monitoring requirements, and decommissioning safeguards. The court asked the county judge to sign the emergency ordinance promptly so it could take effect. The clerk recorded the vote and the ordinance will take effect following the judge's signature and the clerk's affirmation.

The court and staff repeatedly noted that ordinances can be amended and that the planning department could return with recommendations; however, several members signaled they expected to retain local control of the review process. Implementation details, including permit fees, monitoring protocols and enforcement steps, were not specified during the meeting.

The court completed other business later the same night and then adjourned.