MONTGOMERY COUNTY, Tenn. (WTVF) — The Montgomery County Commission passed new zoning rules this week that place restrictions on the size and noise of potential data centers, but not every resident is happy with the move.
Several individuals spoke during the public comment period, including Nader Dagher and Matt Shaw. "The data centers are a blight on the landscape wherever they go," Shaw said.
Dagher said he would have preferred the county enact a moratorium or outright ban on data centers, similar to actions taken in other Tennessee communities. "Please enact a moratorium so this can be discussed further," Dagher said. "We don't know what is the long-term impact of these data centers on our communities in general."
So why is it so hard for a city or county to simply say no to data centers?
Attorney David Raybin says moratoriums and outright bans could invite lawsuits from data center developers — and he believes local governments would likely lose those cases.
“Local governments are ill-equipped to deal with this,” Raybin said. “Tennessee is very pro-business. We have a lot of statutes that say you have the right to use the property as you want.”
Raybin argues that zoning laws, like what Montgomery County passed, are really the only options local governments have, unless the state legislature or Congress is willing to pass new law. "Until Congress steps in, we're not going to have any real solution to this," Raybin said.
Montgomery County Commissioner Joshua Beal of District 14 acknowledged the new framework has limitations. "There's a lot of things this resolution doesn't address," Beal said.
While Montgomery County has now passed a basic framework for data center zoning, commissioners also added a requirement to review how close data centers can operate near homes. That issue will require additional approvals and public hearings.
The Tennessee legislature could also play a role in shaping how communities regulate data centers — but the outcome is uncertain. Lawmakers could pass a law giving local communities more authority to regulate data centers, or they could move in the opposite direction, limiting local zoning authority and giving technology companies more flexibility.
Dagher said he hopes county leaders will adopt even stricter rules. "We will keep coming to the commission, we will keep demanding what we want for our community," Dagher said. "We want them to put the community first."
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