Fayetteville’s new regulations on data centers are scheduled to take effect on December 7, after the City Council holds a public hearing on whether to temporarily block data center construction in the city.
The City Council voted 10-0 on Monday to set December 7 as the date for a public hearing on a data center moratorium. Under a 6-4 vote on October 26, councilmembers voted to approve data center regulations—with the caveat that they wouldn’t take effect until the public hearing.
The controversial computational facilities have been a point of conflict among councilmembers since early this year.
City staff drafted text for a 180-day moratorium. Following the December 7 hearing, the City Council could change the length or decide not to impose any temporary ban.
Unlike past council meetings where data centers were discussed, activists who have called for a moratorium or a data center ban did not fill the council chamber on Monday. An estimated 17 people attended specifically for the moratorium discussion. Some held up signs to express their opinions.
Several activists said after the meeting they were glad the public hearing was scheduled, though they have uncertainty as to whether a moratorium will be enacted.
“Fayetteville has taught me over 20 years of living here off-and-on that they’re quick to have the appearance of doing a thing rather than actually solving a problem,” said Fern Davis, who has spoken at protests against data centers.
“I am ecstatic, though,” Davis said. “We didn’t know we were going to get this for a while. It didn’t feel like we were. It’s been like seven months of being at most city council meetings, and we got it scheduled, and that’s great.”
People need to go participate in the moratorium public hearing, said Austin Kinlaw and Ambery Edge.
“I would say we’re not satisfied yet because it’s not over. It’s definitely far from over,” Kinlaw said. “And I think now is the time, if any time, for people to show up to sign up to speak.”
“I think, clearly, there’s no reason why a moratorium is not put in place,” Edge said. “I think that that is the most reasonable thing. I think that’s what the people are asking for, and I think speaking out and getting involved is critical right now.”
What Could the Moratorium Do?
A moratorium would apply to new data centers or expansions to existing ones, according to a presentation city staffers Andrew Mansell and Andrew Brayboy made to the council. Mansell is the senior assistant to the city manager; Brayboy is the senior corporate performance analyst.
During a moratorium, the city could get a legal analysis on how to amend its new data center regulations to make “the most protective standards available under North Carolina law,” their slideshow said. It could examine proposed state laws and regulations being considered.
Further, the city could appoint a task force, Mansell and Brayboy said. It could include residents, acoustic experts, utility experts, environmental experts, the Fayetteville Public Works Commission, and the city Planning Commission. The task force could review the city’s previous research and public feedback—an engagement program received more than 200 comment cards—and recommend adjustments to the data center regulations.
Councilmember Shaun McMillan, a data center critic who has advocated for the moratorium and a task force, asked for a list of data center projects that have filed paperwork to start construction. He is concerned they might sue if the city tries to use a moratorium to pause their plans.
“It’d be good to start off with in-depth knowledge of all that’s been applied for from the start,” he said.
Staff will gather and provide that information to the City Council as soon as possible, City Manager Doug Hewett told McMillan.
During the moratorium, McMillan said, the research should review whether local water sources and electric grid have capacity to support data centers
The task force can research these items, Mansell told McMillan.
Other Data Center Activity
Cumberland County is developing its own data center ordinance. County commissioners are scheduled to review them on Thursday, with plans to enact regulations no later than December 15.
That’s when the county’s six-month moratorium on new data centers construction is scheduled to expire.
Senior reporter Paul Woolverton can be reached at pwoolverton@cityviewnc.com.
