Data center fight reveals hard truth for rural Alabama: Counties have little say

Two counties bear the name Lowndes, but when it comes to the power to regulate controversial data center developments, the similarities between the Alabama and Georgia locales end abruptly.

In Georgia, residents are seeing local officials weigh a moratorium on new projects as opposition grows. However, across the border in Alabama, residents are running into a brick wall: county leaders insist they lack the legal authority to enact similar bans, zoning, or development restrictions.

The 'Dillon’s Rule' Dilemma

For activists like Ann Burgwin Faulkner, who represents groups like Protect Lowndes County, the response from local officials is a recurring theme across the state. The message is simple: There is nothing we can do. Counties lack zoning authority. They cannot impose regulations, let alone moratoriums.

This frustration is mirrored in Mobile County, where a proposed $6 billion Beacon Data Centers project has sparked significant community pushback. Mobile County commissioners have publicly admitted their hands are tied due to the state's rigid legal framework.

Alabama is one of 31 states adhering to Dillon’s Rule, a principle reflected in the 1901 Constitution that limits local government power to only that which is explicitly granted by the state legislature. "County commissioners cannot assume any power not specifically granted by the Legislature," explained Sonny Brasfield, executive director of the Association of County Commissioners of Alabama (ACCA). This lack of autonomy is expected to be a central topic at the upcoming ACCA conference in Orange Beach.

Seeking Solutions in a Changing Landscape

While data centers frequently poll poorly among Americans, the push for local control is gaining momentum. In Escambia County, officials passed a resolution in June opposing data center development, though the measure lacks legal teeth to stop construction.

A more significant shift occurred in Baldwin County, where voters in the Stockton area recently backed a referendum to support zoning and planning. State Sen. Arthur Orr, R-Decatur, is now planning a legislative move to grant Morgan County the authority to regulate data centers, though he acknowledges that a statewide solution would be a massive, complex undertaking.

While incorporated cities like Birmingham, Leeds, Homewood, Cullman, and Fort Payne have utilized moratoriums to pause development, rural counties remain vulnerable.

The Economic Divide

High-profile figures, including gubernatorial hopefuls, are weighing in. While U.S. Sen. Tommy Tuberville has signaled support for data centers for their tax benefits, former U.S. Sen. Doug Jones argues that counties deserve "home rule" to manage their own interests.

However, the narrative isn't purely negative. In Jackson County, a Google data center has become a model for success. Since 2018, the facility has poured over $1 million into local schools and recently announced a $1.5 billion expansion. Rick Roden, president of the Mountain Lakes Chamber of Commerce, calls the project a "game changer," noting the facility provides both jobs and significant community investment, proving that some developments find a harmonious place in rural Alabama.