According to documents, the ordinance introduced would impose a “temporary moratorium on the acceptance, processing, approval and consideration of applications for data centers, Bitcoin and cryptocurrency mining facilities, server farms and similar, technically oriented, use, facility or operation that is primarily used for computing, data processing, data storage, cryptocurrency generation or similar technology and that is characterized by high electrical demand and/or high water consumption.”
Foley Mayor Ralph Hellmich told that while he feels the city already has a variety of zoning and environmental protections to work with, he wants to “make sure that our city is positioned for the future” by making sure that “all of our regulations are working in conjunction together.” He cited three concerns over data centers, which include water consumption, noise and the use of power.
“Here in Baldwin County, a couple cities have their own utility department, but mostly it’s EMC, Alabama Power or Riviera,” Hellmich said. “Of course, the city owns Riviera and they already have a policy in place to protect current customers so that they don’t have to absorb any costs if a data center comes to Baldwin County. The basic bottom line from their standpoint is if you want to be a data center, you got to bring the power with you and it has to be provided to cover whatever you need. Totally separate of what our system is, and that’s pretty common throughout the industry now as data centers move around the United States.”
Hellmich emphasized that the city has not yet been approached by any developer or company about building any such facility within city limits, saying that the City of Foley is “trying to be proactive to make sure that our area is prepared if one ever approaches us.”
“Our goal is just basically to make sure that our zoning and environmental restrictions (are set so that if one ever wants to come to this area, we’re prepared to address it and to make sure the citizens know that they’re protected,” Hellmich said.
If approved by city council, the moratorium would last six months while the city conducts a comprehensive review of its municipal code and protections. The ordinance had first reading during council's regular meeting on Monday, Aug. 17.
“We’re pretty well in good shape already, but we just wanted to look at a couple of issues,” Hellmich said. “I think we should be able to accomplish any changes we need in those six months, but in the off chance something is discovered lacking that we’re not ready to properly have the right ordinances written up, then we could always extend it.”
Hellmich said the proposal will go through advertising and that council will hold a second reading in September.

