Nassau County unveils draft data center rules as residents push for tougher limits and some call for a ban

Nassau County has put its first draft rules for data centers on the table, and residents are already telling commissioners the proposals do not go far enough. At a public workshop in Yulee on Monday, Oct. 26, some speakers urged the county to keep data centers out entirely, while the county attorney warned that an outright ban could run afoul of state law.

The initial draft report from the county's Fact-Finding Committee on Data Center Development, released last week, proposes classifying data centers by type and size, tightening review and transparency, protecting water supplies and stripping the facilities of their status as a county "target industry" eligible for economic development incentives. Commissioners could vote on regulations as early as Jan. 25, 2027.

What the draft report proposes

The draft acknowledges residents' concerns about water use, power demand, land use compatibility and long-term accountability, according to News4JAX. Its main recommendations would:

• Create a framework that classifies data centers by type and scale and spells out where each type could be allowed under county zoning and future land use rules.
• Strengthen development review and transparency, including coordination with other agencies and limits on nondisclosure agreements.
• Protect water resources and ensure utility and infrastructure capacity through project-specific assessments and reporting on water and power use.
• Set enforceable, measurable standards for lighting and sound, with buffers and setbacks.
• Require monitoring, compliance and decommissioning plans.
• Remove data centers from the county's list of target industries, making them ineligible for certain local incentives.

The report also notes that data centers support essential services such as communications, health care and government operations. Its overall conclusion, as summarized by the Fernandina Observer, is that the county should set predictable development standards while leaving room for differences among facilities and for changes in technology.

Residents push for a ban, or a vote

Monday's session was the first of two workshops on the draft. Some residents questioned whether data centers would bring enough benefit to justify their impacts. "I don't think that we should be opening our doors to data centers at all," one speaker said. Others asked the county to "err on the side of caution" with more regulation, and some asked that the question be put to voters.

The debate reflects concerns raised since June, when residents who spoke before the moratorium vote urged commissioners to keep data centers out of Nassau County. The county has said interest in data center development has grown and that residents have raised questions about what large projects could mean for the rural character of a county that stretches from Amelia Island and Fernandina Beach west to Callahan and Hilliard.

Why the county says a ban is risky

Commissioner John F. Martin asked at the workshop why the county cannot simply ban data centers. County Attorney Denise May responded that an outright ban is risky and may conflict with the comprehensive planning requirements in state law, News4JAX reported.

That law is Senate Bill 484, signed by Gov. Ron DeSantis on May 7 and effective July 1. It allows local governments to adopt reasonable regulations for data centers but bars outright bans, according to the county's description of the statute in June. Commissioners discussed pursuing tougher rules that would survive a legal challenge, including larger setbacks. Commissioner A.M. "Hupp" Huppmann said the county may go further than required, but "you can't regulate it out of existence."

A yearlong pause while the rules are written

Nassau County commissioners unanimously approved a 12-month moratorium on data center applications on June 8. During the pause, the county will not accept, review or approve rezoning requests, site plans or other submissions tied to data centers while officials study whether the comprehensive plan, land development code or county ordinances need to change.

The fact-finding committee, created by the board on May 20, is not a decision-making body. It held public workshops over the summer in Callahan and Yulee on environmental impacts, water, power demand, land use, infrastructure, economics and taxes, and state law. The county said the committee was made up of county staff, and the Fernandina Observer reported it consisted entirely of employees rather than appointed citizens or elected officials.

How other Florida counties are responding

Nassau is one of several Florida counties trying to get ahead of data center proposals, and they are taking different paths.

In Volusia County, the County Council on Oct. 20 approved a ban on large-scale data centers in unincorporated areas, defined as facilities with an anticipated monthly peak electrical load of 50 megawatts or more. Cities keep control over their own zoning. Volusia had stopped accepting such applications in August. "There's a lot of uncertainty," Councilman David Santiago said before the vote, citing water and electricity use. Councilman Jake Johansson questioned whether a ban was the right approach and argued for reviewing projects individually.

In Palm Beach County, commissioners voted 5-1 in July to deny without prejudice Project Tango, a proposed hyperscale artificial intelligence data center campus near Loxahatchee, after residents raised concerns about noise, water use and proximity to homes and schools, WLRN reported. The developer could revise and resubmit the plan.

Next door in St. Johns County, commissioners voted in June to hold a future discussion on a one-year ban on data center development, even though the county had not received any applications, Jacksonville Today reported. Wakulla, Walton and Pasco counties have also adopted moratoriums, according to that report.

What's next

The county has scheduled its next steps, which could change as the process moves forward:

Residents can read the draft and submit comments through the county's data center webpage. With the moratorium set to run into next June, commissioners have until then to adopt rules that satisfy residents who want the strictest possible limits without inviting a legal challenge under the new state law.