WINNSBORO — During a special called meeting Monday night, Fairfield County Council unanimously approved first reading of an ordinance that will place a 12-month moratorium on new data center approvals, giving the county time to develop regulations governing their construction and operation before allowing the facilities to move forward.
The special meeting followed public outcries after council failed to act on a moratorium at the previous regularly scheduled council meeting.
The special called meeting lasted only a short time, with all seven council members voting in favor of first reading of Ordinance 856.
Council Chairman Clarence Gilbert reminded those attending that because the ordinance was only on first reading, public comments were not taken according to council’s unique bylaws that basically limit the three votes authorized by state law to two meaningful readings, since they do not provide the ordinance for the public to see it, discuss it, or allow the public to address it until the second reading.
“There will be public comments at second and third reading,” Gilbert said. “Also, we will be having town halls and meetings over the next 12 months to have discussions. We want you to know that we want to hear what you have to say.”
County Administrator Vic Carpenter said the moratorium is intended to give council members time to understand the rapidly growing industry and determine what standards Fairfield County should adopt.
“We do not have the ability to just blanket say you can’t come,” Carpenter explained. “We’re not authorized by the Constitution of the state to just forbid one particular kind of development from being here. But we can come up with the rules under which they come here.”
Carpenter said the county has broad authority to regulate issues such as water use, waste water discharge, groundwater protection, noise and other environmental concerns unless the General Assembly adopts statewide regulations that supersede local ordinances.
He also explained that by approving first reading, the county invokes what is known as the “pending ordinance doctrine.”
“By taking this vote tonight, nobody could slip in tomorrow and file a permit,” Carpenter said. “It’s too late.”
He said the action effectively prevents a developer from getting ahead of the ordinance while it moves through the remaining readings.
Carpenter noted that the courts generally recognize temporary moratoriums of six to 12 months as reasonable, although extensions may be possible if the county is close to completing its work.
Councilwoman Peggy Swearingen asked whether council members would have an opportunity to visit operating data centers before adopting permanent regulations.
“I think there are different kinds of data centers,” Swearingen said. “Can we as a council go and visit data centers throughout the state? We need to see them and get some eyeball experience.”
Carpenter said county staff has already begun discussing tours of facilities in South Carolina, including locations in York, Spartanburg and Berkeley counties.
He said the visits would allow council members to see the different types of data centers in operation, learn what regulations other counties have adopted and observe issues they may want to address in Fairfield County.
Swearingen also noted she has been receiving information about data center moratoriums in other parts of the country.
Carpenter said he had hoped the South Carolina General Assembly would address the issue this year but that lawmakers did not take action, leaving counties to develop their own regulations for now.
Councilman Carl Bell also expressed support for the one-year pause, saying council is taking an important first step because members need more information before making permanent decisions.
Before adjournment, Bell asked that the full text of Ordinance 856 be read aloud during second reading, even though council members had already received copies electronically.
“I would like what we were emailed to be read,” Bell said.
Council unanimously approved Bell’s motion, ensuring the ordinance will be read in its entirety at second reading. If ultimately adopted after three readings, the ordinance would temporarily halt new data center approvals for one year while Fairfield County studies the issue, develops regulations