Benton County Quorum Court Approves Regulation of Data Centers in Unincorporated Areas
The Benton County Quorum Court has passed an ordinance regulating data centers in unincorporated areas of the county. This decision comes in response to Act 851, the Arkansas Data Centers of 2023, which restricts local governments from imposing regulations or discriminatory measures on data mining centers. The ordinance was approved with an 11-3 vote and immediately went into effect upon County Judge Barry Moehring’s signature.
Data centers, including digital cryptocurrency mining operations, are now subject to specific regulations outlined in the ordinance. One key concern expressed by Justice of the Peace Joseph Bollinger was the potential punishment that data center staff or employees might face for any violations. Justices of the Peace Brian Armas and Dustin Todd also voted against the measure.
County Judge Moehring had previously highlighted the noise and electricity consumption associated with data centers during a June 29 meeting. The ordinance now addresses these concerns and enforces noise reduction measures, requiring levels not to exceed 65 decibels between 8 a.m. and 10 p.m., and 55 decibels between 10 p.m. and 8 a.m., as determined by a third-party acoustic engineer at the property line of the receiving property.
Notably, the Benton County ordinance is based on a draft provided by the Association of Arkansas Counties. Out of Arkansas’s 75 counties, 35 have already passed a similar ordinance, with only one county rejecting it.
While it may be unlikely for Benton County to attract a data center, County Judge Moehring recommended approving the measure to avoid potential limitations imposed by Act 851. Justice of the Peace Joel Jones echoed this sentiment, emphasizing that the county needed to pass the ordinance as an emergency and submit it for review by the planning subcommittee.
Justice of the Peace Susan Anglin supported passing the measure as an emergency to protect residents in case a data center is established in an unincorporated area of the county.
