Berkeley County commission agrees to draft nonbinding guidance for data centers after HB2014 removes local planning review

The Berkeley County Commission agreed July 9 to produce nonbinding guidance for data center developers after discussing how House Bill 2014 removes such projects from the county’s planning commission review process. Deputy County Administrator Chad Winebrenner opened the discussion, outlining legal limits and concerns about staff workload and public expectations.

Commissioners debated whether the county should voluntarily review data center proposals and what authority the county retains under state law. Vice President R. Stephen Catlett said he has provided legal documentation about proposed routes that may cross protected farmland and said the county must ensure responses are fact-based. The commission reached a unanimous consensus to have staff and legal counsel draft a formal recommendation letter to developers highlighting locally important considerations such as stormwater management, setbacks, noise and lighting mitigation, and generator placement. Commissioners also asked staff to develop internal data center criteria for future reference; those criteria will be nonregulatory and advisory because final approval authority rests with the state under HB2014.

The discussion referenced House Bill 2014 by name; the commission did not adopt a regulatory change. President G. Edgar Gochenour encouraged potentially affected residents to submit comments during state review processes. The county directed staff to prepare draft materials for future review by the commission.