Harris County has 46 data centers, with at least six more in development. But as these facilities continue to expand, county leaders say they have limited power to regulate where they are built and how they affect nearby communities.
During an Oct. 15 news conference, Harris County Attorney Abbie Kamin and Commissioner Lesley Briones outlined steps county leaders want to take to improve oversight and push state lawmakers for more local control.
Data centers store and process digital information that powers everyday activities, including internet searches, streaming services and artificial intelligence.
But operating these facilities requires significant resources, especially electricity. Depending on their cooling systems, they can also use water and take up large amounts of land.
Dr. Ramanan Krishnamoorti, vice president for energy and innovation at the University of Houston, said electricity is the biggest resource data centers use. He also explained that these facilities need cooling systems to prevent computer equipment from overheating.
As more data centers are built, concerns include increased demand on the electric grid, water use, noise and potential effects on nearby neighborhoods.
During the news conference, Kamin said CenterPoint Energy expects to connect eight gigawatts of new data center demand in the Houston area by 2029, with about four additional gigawatts to follow. Kamin said that growth could increase peak electricity demand in the region by about 50%.
One issue is that developers may be able to seek permits to build a data center without specifically identifying the project as one.
Krishnamoorti explained that developers can purchase land, apply for permits to construct a building and work directly with utility companies to arrange electricity service.
Because utility regulation largely happens at the state level, and Harris County does not have zoning authority, county officials may have limited involvement in where these facilities are built.
“Harris County is not permitted to regulate where they’re located through zoning,” Kamin said during the news conference.
Zoning rules generally determine how land can be used and where certain types of development can occur. Harris County does not have zoning authority, and the city of Houston also does not have traditional zoning.
Within incorporated cities, municipalities have their own land-use powers. In unincorporated areas, however, the county has limited authority to control where data centers are built specifically because they are data centers.
That does not mean data centers avoid all permits or regulations. They must still meet applicable requirements, which can include building plans, fire safety and utility connections. The issue is that the county has limited power to regulate their location.
Commissioner Lesley Briones outlined steps county leaders want to take to improve oversight.
First, the county wants its Office of the County Engineer, Flood Control and Fire Marshal’s Office to notify commissioners when a major data center submits a traffic impact analysis, permit application or fire code plan review.
The goal is to give commissioners earlier notice of projects so they can better understand potential effects on nearby communities and determine what steps are possible under current law.
Second, the county wants its County Attorney’s Office to review what authority county officials already have over data center development.
Third, the county plans to work toward changes in state law that would give counties more oversight of data centers in unincorporated areas.
Briones said the county is studying how other counties and cities handle data center development to help determine what policies might work in Harris County.
According to Briones’ office, Harris County has not selected a specific regulatory model beyond these steps and its legislative advocacy.
Potential measures being discussed through the Conference of Urban Counties include requirements for closed-loop cooling systems, minimum distances between data centers and homes, and noise limits.
These are potential policy proposals, not rules Harris County has already adopted.
County officials want to work with other counties and state lawmakers ahead of the next legislative session, which begins in January 2027.
Briones said the county wants to protect residents and the environment while recognizing the potential economic benefits of data centers, including jobs and tax revenue.
The challenge is finding a balance between those benefits and concerns about electricity demand, water use, noise and neighborhood impacts.
For now, commissioners are seeking earlier notice of proposed projects and a clearer understanding of their legal authority. Any major expansion of the county’s regulatory powers would likely require action by state lawmakers.
