Commissioners Explain Votes to Table Data Center Moratorium Resolution

Lawrence County Commissioners Scott Franks and Dave Ray issued statements explaining their votes to table a resolution calling for a 12-month moratorium on data centers, cryptocurrency mining facilities and certain high-density computing operations.

Franks issued the following statement:

Fellow Citizens –

Tonight, a majority of the County Commission (myself included), voted to table a proposed Resolution that purported to place a 12 month “moratorium” on the building of data centers in Lawrence County.

Since the proposed Data Center on Flatwoods Road became known, there has been an unbelievable amount of false information and outright lies spread on social media and by word of mouth – so I want to take a moment to explain it and tonight’s vote.

First, some seem to think the County Commission has much more “power” than it actually has. Under the Constitution of the State of Tennessee, Counties are sub-sets of the State Government. That means County Commissions can only take actions or enact laws that are expressly permitted by State Law. If a County Commission creates laws outside of the parameters allowed by State Law, the laws are not legally enforceable and can subject the County to legal jeopardy and monetary penalties.

The laws on Zoning and Codes are set forth in State Law – and Counties are given the choice to enact Zoning and Codes or not. In Lawrence County, all previous Commissions have elected to NOT enact these Zoning/Codes laws. It is a decision that each new County Commission has to address in its first meeting after taking office. This will come up again in September 2026 after the new Commission is seated.

The Resolution that was placed on tonight’s agenda was nothing more than a political stunt by a couple of Commissioners that are trying to buy votes and make it appear they were doing “something” about Data Centers. It was honestly the worst Resolution I have seen in my 16 years on the Commission.

This Resolution proposed a 12 month moratorium on the building of data centers in Lawrence County. In order to have such a moratorium, you have to have Zoning in place, as a moratorium is a function of Zoning. Therefore, since Lawrence County has no Zoning, no such moratorium can be legally imposed. If the County Commission were to attempt to impose it, the moratorium would not even be enforceable. If it was attempted to be enforced, then it would easily open the County to legal jeopardy including legal fees and punitive damages awarded by a Court. Meanwhile, even if such a moratorium had been enacted tonight, ANYONE could have began construction of a new Data Center tomorrow morning and there is NOTHING the County could do to stop it – since we do not have Zoning. So, the County Commission had no real choice to make – either violate State Law, vote the Resolution down, or table it. So it was tabled.

State Law is State Law – no matter what you “wish” could be done or what your emotions are on the subject.

A second part of the Resolution was to establish a committee to review Data Centers and what could be done to stop or limit them in the future. Again, the options here are going to be limited with no Zoning. While there is a vocal group opposing Data Centers, there is an even larger group of citizens (10 to1) that are opposed to Zoning.

I am not in favor of Zoning, but a new Commission will be seated on September 1st, and I am in favor of having a discussion and exploration of options to put in place in the future. However, I also do not hold much hope for anything to be agreeable to the majority of citizens, as I expect the only option will include zoning.

As always, I am available to discuss this or any other issue with you individually.

Scott

Ray issued the following statement:

DATA CENTER MORATORIUM

One of the most significant discussions of the evening concerned a proposed 12-month moratorium on data centers, cryptocurrency mining facilities, and certain high-density computing operations.

I voted in favor of tabling the resolution.

My vote was not a vote for or against data centers. My concern is with the process being used to regulate them.

The proposed resolution itself acknowledges that Lawrence County currently does not have countywide zoning, building codes, or comprehensive land-use regulations specifically addressing these facilities. At the same time, the resolution proposed imposing a moratorium while creating a study committee that would examine, among other things, the county’s existing statutory authority to regulate this type of development.

➡️ County government must operate within the authority granted to it by Tennessee law. When government seeks to restrict the use of private property, I believe we have an obligation to make certain we have the proper authority and follow the required process.

➡️ This is about process, not the merits of one particular project. Whether a data center is ultimately good or bad for Lawrence County is a separate discussion that deserves to be considered on its own merits.

➡️ The strength of government is not measured by how quickly it acts. It is measured by whether it acts lawfully.

➡️ I do not believe controversy, public pressure, or politics should cause county government to move faster than sound legal process allows.

➡️ If Lawrence County chooses to regulate these developments, whatever we adopt should be carefully considered, legally sound, and defensible.

➡️ If government acts outside its lawful authority, it is ultimately the taxpayers of Lawrence County who bear the risk and expense that can follow.

I believe tabling the resolution was the responsible course of action. It provides an opportunity to properly examine the county’s authority, determine the appropriate legal process, and make an informed decision before taking an action of this magnitude.

As always, I am willing to have a conversation. Whether you agree with my votes, disagree with them, or simply want to better understand an issue before the Commission, I want to hear from you.

✉️ dray@lawrencecountytn.gov

It continues to be an honor to serve the people of District 13 and Lawrence County.