Macon Commissioners Skip Data Center Moratorium, Stand by Existing Ordinance

Macon County will not add a moratorium to its data center rules. At the Sept. 8, 2026, meeting, commissioners followed the county attorney's advice that the existing high-impact ordinance, with an 8-to-5 operating limit and setbacks, is the stronger legal shield, even as residents pressed for both.

The board also unanimously approved $959,107 in FY28 transit grant applications. Residents raised alarms about a copper landline phase-out in rural Nantahala and pushed for a five-district redistricting model.

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• No data center moratorium: Board keeps its high-impact ordinance on counsel's advice.
• $959,107 in FY28 transit grants approved unanimously for admin, senior rides and vehicles.
• Copper landline retirement threatens 911 access in Nantahala; regional appeal to regulators is forming.
• Residents push a 5-0 district model and ask the board to explain decisions before voting.

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Data Centers: Ordinance Over Moratorium

Why it matters: Macon's approach will shape whether data centers can locate in the mountains. Residents keep raising the issue.

Where things stand: The county already has a high-impact ordinance, developed with the planning board. It limits operating hours to 8 a.m. to 5 p.m. and imposes setbacks. County Attorney Eric Reitnauer told commissioners they have the power to add a moratorium.

“Legally, I think the answer to that is yes, you could do that,” said Reitnauer. But he argued it would add nothing. The county has already completed the process a moratorium would trigger, and a moratorium might even weaken the county's position. “I don't think it strengthens anything that we've done,” he said.

Reitnauer praised Highlands' moratorium as the best he had seen. He noted it simply sends the matter to that town's planning staff. He also warned against adding noise limits measured in decibels. “If you start adding decibels to things, that opens up loopholes,” he said. He called the ordinance's simplicity and hours cap “legal restraints that serve the purpose for which it was needed.”

Commissioner John Sherrill said the hours limit alone would stop a facility that needs to run around the clock. “That's the number one thing that's going to kill a data center from coming here,” he said. He also cited scarce water and the setbacks. He cautioned against rules so broad they would hit existing servers at the hospital and courthouse. “If we're not careful, we're going to impact what is actually already here that is required for us to conduct business,” he said.

Sherrill added that state legislators had advised that counties regulate data centers through high-impact ordinances. “You control data centers in your county by the high impact ordinance, and that's what we've done,” he said. The Board Chair agreed.

The other side: Two public commenters urged a moratorium. “I support the moratorium on data centers construction,” said Sarah Johnson, a public commenter from Otto. As a fallback, she proposed several additional rules:

• A capital bond covering 10 years of promised salaries
• EPA fixed-generator standards for units of 100 kW or more
• A cap of 1 megawatt and five generators per site
• Mandatory closed-loop cooling, backed by a $100 million-per-day fine
• Water monitoring and treatment
• Stronger noise and light rules

Matt Jackson, a public commenter, said the new rules look solid but carry unknown risks. “I think it would be a good idea to have a moratorium in conjunction with the new rules, which look good and strong, but we don't know what we don't know,” he said. He also questioned a new substation near water at the end of Needmore Road. Constance Neely and a commenter named Betsy listed data centers among the decisions they want handled more openly.

Decisions and stakeholder impacts: No motion was made, so the existing ordinance stands without a moratorium.

• Residents seeking extra safeguards: They did not win the moratorium or the detailed environmental rules they proposed.
• The county: Protection rests on the hours cap and setbacks, which counsel called legally sound.
• Data center developers: They face an operating limit that commissioners say is effectively prohibitive.

What's next: No further action was scheduled.

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$959,107 in Transit Grants Clear Without Opposition

Why it matters: The grants fund Macon County Transit's rural administration, reduced-fare rides for seniors and residents with disabilities, and replacement vehicles. The county's cost depends on whether the state pays its FY28 share.

Where things stand: Transit staffer Darlene presented three applications, each with its own public hearing. No members of the public spoke at any of them.

• 5311 administrative formula grant ($204,175): The match is 10% if the state contributes 5%. “If not, it's a 15%,” said Darlene. Staff budgeted the worst-case match of $30,626.25.
• 5310 elderly and disabled operating grant ($270,000): This grant is split 50/50. The $135,000 match comes from transit's own program funds, not the county. “We match this ourselves,” Darlene said.
• Capital grant ($484,932): This grant uses an 80/10/10 split. It would replace four vehicles that have passed 100,000 miles and two desktop computers more than five years old. The county share is budgeted at $96,986, or 20%.

Sherrill asked about the capital grant's 80/10/10 split. Staff explained that the state's FY28 contribution is unknown, so the application assumes the worst case. “We put it in the public hearing as if you're paying the 20% in case the state does not pay the 10%,” said Darlene. If the state pays its 10%, the county's cost drops.

Decisions and stakeholder impacts: Each grant passed unanimously on a motion by Sherrill, seconded by Commissioner Gary Shields. No roll call was taken.

• Seniors and riders with disabilities: Reduced-rate service continues with no direct county match.
• County budget: Exposure is up to $30,626.25 on the admin grant and $96,986 on the capital grant, depending on state action.

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Landline Phase-Out Worries Rural Nantahala

Why it matters: Some Nantahala households have no internet and no cell signal. Elderly residents there rely on copper landlines to reach 911.

Where things stand: Susan Carpenter, a public commenter from Nantahala, said many residents received Verizon/Frontier letters about ending copper-based landline service. “They will be totally out of luck if they turn off the copper-based landline,” she said. She cited coverage in the Cherokee Scout and Graham County and asked commissioners to contact congressional and state representatives.

At Sherrill's prompting, County Manager Cave said broadband coordinator Jeff Lee had reached a Verizon/Frontier representative. Cave said the county understands the change to be a phased shutdown as other options arrive, even though “the letter implies almost that it'll be an immediate cessation of that technology.”

Cave and Lee also met with Becca Scott of the Southwestern Commission. He said the commission “is actually organizing a group effort to approach the regulatory agencies in North Carolina with one voice to say we have concerns.”

What's next: A Verizon representative will be invited to brief the board in the near future. No board action was taken.

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Residents Push 5-0 Map, More Transparency

Why it matters: The board's recommendation to the legislature on district maps will shape rural representation. Several speakers also questioned how the board weighs public input.

Where things stand: Dr. Joanne Rosner, a public commenter from Scaly Mountain, said testimony has leaned heavily toward a five-district model. “The public comment on this issue has been decidedly towards the 5-0 model,” she said. She called it the only fair representation for rural and forested areas. “I beg you to propose to the legislature not what was proposed in 2023—the three-two model,” she said.

Constance Neely, a public commenter and scientist from Scaly Mountain, thanked commissioners. She said decisions on the library, district maps and data centers seem to move forward without weighing community comment and evidence. “We're asking that the work that goes into your decisions, please share that with us before you vote,” she said.

Betsy, a public commenter, invoked the late Wendell Berry. She urged the board to weigh effects on community, land, water and wildlife in upcoming decisions on advisory boards, redistricting and data centers. Berry's test, she said, is “what will this do to our community? How will this affect our commonwealth?”

What's next: Redistricting was not on the agenda, and the board took no action.

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• $690,000 in rec grants: A $500,000 PARTF grant will fund the rec park's next phase, including an amphitheater, restroom and multi-use basketball courts. A $190,000 Appalachian Regional Commission grant will fund Wi-Fi and security camera upgrades at the rec park and fairgrounds. Both require a 50/50 match already planned in the budget.
• Juvenile Crime Prevention Council: The board unanimously approved restated bylaws, which are required for state juvenile services grants, and a position-specific appointment slate. Sheena Ledford, the sole applicant for the CHSA board social worker seat, was nominated, but no vote result was announced.
• Honor Flight: The board unanimously approved $500 from Sheriff's Office fundraisers for the Blue Ridge Honor Flight (motion by Sherrill, second by Antoine). The item was pulled from consent so Sherrill could confirm no tax dollars or Shop with a Cop funds were involved.
• Surplus lot sale: The board unanimously accepted a $1,600 offer for Lot 168 in Watauga Vista, which has a $1,500 tax value. A 10-day upset bid window now opens.
• Online permitting: Staff Nina Parrott and Joe Allen were recognized for launching GovWell permitting within 62 days, after a prior vendor effort stalled.

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Looking ahead: Team Hollow property owners have until Oct. 1 to remove belongings before county cleanup, with costs assessed as a tax lien. A proposed joint meeting with the Board of Education is postponed until after the new year, when at least two new commissioners will be seated; liaison meetings continue in the meantime. Sherrill said a rumor that the county tag office is closing is “not true at all.” Rosner announced a free pet vaccine clinic on Nov. 21.