Warren County adopts stricter zoning text to limit data centers after residents raise health and process concerns

The Warren County Fiscal Court on Thursday approved second and final reading of ordinance 2616, a package of zoning text amendments intended to impose strict siting, decommissioning and operational requirements on large facilities such as data centers.

At the meeting Judge Gorman and several magistrates framed the ordinance as a legally defensible way to limit the number and location of data centers while protecting community health and quality of life. The approval followed public comment from residents who asked for a six‑month pause to gather input and raised questions about potential health, noise and water impacts.

“Kathy Severs, 104 Pine Needle Court, asked the court to put a six‑month pause on accepting applications so the public can offer meaningful input,” said Kathy Severs during the public‑comment period. “We’re not asking you not to pass regulations, but we’re asking for a six‑month pause while we have input.”

Janice Chumbler, who said she lived near an industrial site with a history of pollution, asked directly whether a data center could cause health problems. “Can you prove it will not cause health problems in our community?” she asked.

Judge Gorman responded that the ordinance includes multiple safeguards: expanded setbacks (the meeting cited 1,500‑foot setbacks from residences), decibel and noise‑mitigation requirements, mandatory stormwater and geotechnical analyses, and mandatory water and energy plans. He said applicants must show proposed grid connections and capacity and would be required to pay 100% of infrastructure upgrade costs; the court stated such facilities must be served by TVA rather than local distribution partners BGMU or Warner Electric. The judge also emphasized decommissioning rules, including an approved decommissioning plan and a continuous bond the county would hold while a facility operates (the court cited a large bond example during discussion).

“We are not for data centers and that’s why we’re doing this,” Judge Gorman said, arguing the ordinance creates stringent, legally defensible conditions that will discourage most developers rather than outlaw a lawful business outright.

Magistrates voiced support for the approach in part because a temporary moratorium could allow a property owner to claim grandfathering later. On a roll‑call vote the court recorded unanimous approval of the ordinance (Esquire Aldridge, Esquire Lazley, Esquire Cummings, Esquire Williams, Esquire Mcuarter and Esquire Lawrence voted in the affirmative).

The ordinance includes: expanded setbacks from residences; mandatory decommissioning plans with financial assurance; noise‑monitoring and mitigation requirements; required water‑use and stormwater plans; and requirements that applicants demonstrate grid connections and assume infrastructure upgrade costs. The court said enforcement tools include stepped fines and cease‑and‑desist authority that can involve local, state and federal actions if required.

Supporters said the changes are intended to protect residents’ health and property values while remaining within state and federal legal limits. Residents who attended urged more public outreach and said they would press magistrates and planning staff for continued transparency and community engagement.

The court approved the ordinance and moved on to other agenda items. The planning commission and permitting processes remain the venues for technical review of any future applications that rely on the updated zoning text.