MEMPHIS, Tenn. (WMC) – Shelby County commissioners narrowly advanced a proposed temporary moratorium on data centers in unincorporated areas outside city limits Monday, despite questions about whether a pause is necessary when no projects are currently identified in those areas.
The measure passed its first reading in a 5-4 vote, with four commissioners abstaining. It must clear another vote and a third reading before the commission can make a final decision.
Supporters argue the county should establish regulations before a data center developer proposes a project, while opponents have raised concerns about the county’s legal authority and whether a moratorium is the right approach.
Commissioner Erika Sugarmon, who represents District 12 and introduced the ordinance alongside Commissioner Henri. E. Brooks, said the proposal is intended to give the county time to establish rules before data center development becomes a possibility in unincorporated areas.
“The problem is if we don’t have anything in place and the data centers decide to move in… then there’s no such thing as ex post facto laws,” Sugarmon said. “That’s illegal. So if they move in, they come in without regulations.”
Shelby County Commissioner Erika Sugarmon(Action News 5)
Dr. Sugarmon emphasized that the goal is not to prevent data centers from coming to the county permanently, but to ensure rules are established before development begins.
Other commissioners, like Commissioner Amber Huett-Garcia, who represents District 13, raised concerns about the county’s legal authority and the language of the proposed ordinance.
Huett-Garcia is proposing an alternative focused on establishing regulatory guardrails rather than imposing a temporary moratorium.
“I think we have citations incorrect about what our powers really are,” Huett-Garcia said. “And the attributed powers of city council are different from those of county government. So, I want us to clean this up at a minimum.”
Shelby County Commissioner Amber Huett-Garcia(Action News 5)
Huett-Garcia also pointed to infrastructure considerations, including the fact that unincorporated Shelby County does not have independent power and water infrastructure.
Her proposal would focus on clarifying the county’s authority and determining what regulations it can establish for potential data center development.
Some young residents who have followed the debate said they feel regulatory protections alone may not go far enough.
Jasmine Bernard, a 17-year-old Shelby County resident, argued that the county should consider a moratorium and regulatory guardrails together rather than as competing options.
“But if these guardrails and these extra ordinances mean that we will not be passing the moratorium, then we’re not actually solving the full issue, and we’re not getting to the root cause of what’s harming our communities,” Bernard said. “So we need guardrails and a moratorium. You can’t pick one or the other.”
Hayden Wakefield encouraged residents to make their voices heard by contacting commissioners and representing their districts in the discussion.
17-year-old Shelby County residents Jasmine Bernard and Hayden Wakefield(Action News 5)
“I feel like if all of us spoke out and all of us represented each district, then they would listen to us more, and more things would be passed exactly like this,” Wakefield said.
The proposed moratorium now moves to a second reading, where commissioners will have another opportunity to debate and vote on the measure before a final decision.
The discussion comes as Memphis City Council considers its own temporary moratorium on data centers. Dr. Sugarmon said coordination between the county and city will be important because regulations adopted within Memphis could affect surrounding unincorporated communities.
For now, commissioners must decide whether to pursue a temporary pause on data center development, establish regulatory guardrails or consider a combination of both approaches.
The commission’s next vote will determine whether the proposed moratorium advances toward final approval.
The Memphis City Council will vote on the municipal data center moratorium October 20.
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