Council refers proposed temporary suspension on data centers to Planning & Zoning after public hearing

Birmingham — On Jan. 13 the Birmingham City Council heard a staff presentation and more than an hour of public comment on a proposed temporary suspension to pause new data‑center approvals, then voted to send the proposal to the Planning & Zoning Committee for further committee review and drafting.

Katrina Thomas, director of the Department of Planning, Engineering and Permits, told the council staff is recommending a six‑month suspension (180 days) ‘‘to allow time for us to evaluate our existing zoning ordinance to assess whether amendments may be warranted.’’ She said projects that already have submitted permitting materials would be exempt from the suspension and that any proposed zoning changes would follow the normal public hearing process through the Planning Commission and the council’s Planning and Zoning Committee.

‘‘This is just a recommendation,’’ Thomas said. Hunter Garrison, deputy director in the mayor’s Office of Resilience and Sustainability, explained why staff wants time to define different categories of data centers and review best practices, adding that ‘‘1 megawatt is enough to power about 1,000 residential homes’’ as a way to illustrate scale differences between existing enterprise centers and new hyperscale proposals.

Speakers from environmental groups and neighborhood associations urged the council to pause new approvals so the city can evaluate potential impacts on water supplies, air quality and utility rates. Charles Miller, policy director for the Alabama Rivers Alliance, said the risk is often cumulative: ‘‘Too many of these in one place strains local water supplies, local energy supplies, and air quality.’’ Ryan Anderson, a staff attorney with the Southern Environmental Law Center, cited the Bessemer proposal as an example of a hyperscale project with very large power needs, and urged local zoning to account for those resource demands.

Representatives of technology and development groups acknowledged the need for rules but urged the city to preserve predictability. John Gordon, president of Tech Birmingham, said a pause can be useful ‘‘if it results in a clear framework that removes delays and ambiguity rather than signaling that the city is closed to technology investment.’’

After public testimony and council questions, a councilor moved to refer the suspension ordinance to the Planning and Zoning Committee for additional review, drafting and public engagement; another councilor seconded the motion and it passed. Councilors asked staff to aim for draft regulations in roughly two months and signaled willingness to accelerate committee work if needed.

Next steps: staff will continue research, develop draft zoning language that would define and categorize data‑center uses (including consideration of closed‑loop cooling and special‑exception pathways), hold public engagement and submit proposed amendments to the Planning Commission and the Planning and Zoning Committee before returning to the full council.