Jefferson County directs staff to draft moratorium on data-center approvals after groundwater warning

Jefferson County commissioners voted to have staff draft and advertise a temporary moratorium ordinance on new data-center approvals after a presentation raising groundwater and springs-protection concerns.

Chris Sutton, a member of the Jefferson County Soil and Water Board, told the board that large data centers can require substantial water for cooling and urged a pause on approvals until the county evaluates cumulative impacts and its comprehensive plan. "Jefferson County relies heavily on groundwater resources for residents, agriculture, businesses, springs, wetlands and future growth," Sutton said, and laid out engineering estimates of typical daily water use: small facilities 10,000–50,000 gallons, medium facilities 50,000–500,000 gallons, and hyperscale facilities 0.5–5 million+ gallons per day.

Sutton recommended three next steps: adopt a temporary moratorium on data-center applications, review the comprehensive plan for gaps, and create a data-center ordinance that sets limits and standards on water use, groundwater withdrawals, noise, lighting and buffering.

County Attorney advised caution, saying there is legal uncertainty because of recent state legislation. The attorney explained that while SB80 allows counties to regulate data centers through land-development codes and comprehensive plans, SB180 contains provisions that can limit moratoria for counties listed in certain federal hurricane disaster declarations. "There's no case law on this yet," the attorney said, noting a reasonable legal argument exists if a moratorium does not affect properties damaged by those storms.

A commissioner moved and the board seconded a direction to staff to prepare and advertise an ordinance for consideration; the motion carried on a unanimous voice vote. Commissioners asked staff to return a draft ordinance and suggested the review should prioritize groundwater science and protections for springs and agriculture.

The move does not itself enact a moratorium; it directs staff to draft the ordinance and begin the public-adoption process. The ordinance’s legal vulnerability and the question of whether certain storm-declared counties can adopt moratoria were flagged for staff and counsel to address during drafting.