"Like it or not, we don't have any say in whether they annex or not once it's requested." Bradley County Mayor Gary Davis said that at the County Commission meeting covered in Local 3's October 6 update. He was talking about Project River, the $11.3 billion proposal along Lower River Road.
Coming from the head of the government that wrote one of the strictest data center rules in the region, that line explains the rest of the story. In April, Bradley County set a 3,000-foot buffer between large data centers and homes, churches and schools. Two separate projects near Interstate 75's Exit 33 are now testing that rule. Neither one is trying to change the rule at the County Commission. One would move its land out of the rule's reach through annexation. The other has asked a court to throw the rule out.
What the County Passed in April
On April 20, 2026, the Bradley County Commission voted unanimously for zoning rules that the Chattanooga Times Free Press reported would leave few eligible data center sites, if any. WTVC reported that the 14-0 vote allows data centers only in the county's I-2 Special Impact Industrial District. The text of the county's zoning resolution sets out the requirements:
- No covered facility within 3,000 feet of FAR, R-1 or R-2 zoning, or of any existing dwelling, church, school or other public gathering place
- Screening, plus a sound cap of 60 dBA at the property line, verified to the county's Planning and Inspections office
- A site plan and confirmation from a public utility that enough electrical capacity is available
The resolution applies only to unincorporated Bradley County. Inside Cleveland city limits, land-use decisions belong to the city. Both projects turn on that boundary.
Project River Asked the City for Water and Sewer
Project River is the Wright family's proposal. The family is behind Wright Brothers Construction. The site covers about 850 acres west of I-75 and north of Old Lower River Road NW, outside Charleston, along the Hiwassee River. As WTVC described it, the campus would include an on-site power plant and a data center. The developers have said it could help revive the area's logging industry, with the data center buying the energy the plant produces.
The Cleveland Daily Banner reported that project representatives say the campus depends on annexation into the City of Cleveland, because it needs municipal water and sewer. The same representatives said no data center contract had been signed and no data center customer had approached them. The Banner laid out the order of steps. Wright Brothers would first seek annexation of 385 acres near the power station property for commercial use. If that is approved, it would then seek annexation of the more than 800 acres where the power station and a possible data center would go.
In the city, the process runs through Cleveland's Planning Commission, which makes a recommendation, and then the City Council, which has the final vote on annexation. The developers give utilities as their reason. The Southern Environmental Law Center sees it differently. In a letter to the council and the Planning Commission, the group argued that annexation would sidestep the county's data center rules.
The City Wrote Its Own Rulebook for One Site
Annexed land would not come in unregulated. Cleveland drafted a Planned Unit Development ordinance for this property called PUD 77. City leaders say that if it passes, it would carry the force of law and bind current and future owners and operators. Comparing it with the county resolution shows what changes when the land changes jurisdiction:
| Requirement | Bradley County rule, adopted April 2026 | Cleveland PUD 77, draft as of September 2026 |
|---|---|---|
| Data center setback | 3,000 feet from homes, churches, schools and residential zoning | 500 feet |
| Noise | 60 dBA at property line | 60 decibels at property line, continuous monitoring |
| Power | Utility must confirm adequate capacity | At least 75% of directly used power generated on site |
| Water | Not addressed in cited sections | 90% of process water produced on site, closed-loop cooling, no direct utility connection to the Hiwassee River |
| Reporting and studies | Site plan required | Annual water and power reports; traffic, environmental, emergency management, hydrology, lighting and spill-response studies before permits |
| Status | Adopted, now challenged in court | Proposed, not adopted |
The city draft covers ground the county's setback-based rule leaves out, including water, on-site power and studies before permits. On distance, the one measure the county built its rule around, the city draft is six times shorter. PUD 77 would also require the developers to provide land and funding for a combined fire station, EMS facility and police precinct near Exit 33. WDEF reported that the proposed conditions also include a Community Benefits Agreement among the developers, Cleveland, Charleston and Bradley County to help pay for infrastructure. The developers said they would accept the restrictions, subject to the final ordinance.
MidSpan Stayed in the County and Took the Rule to Court
The second project never left county jurisdiction. Project MidSpan is a proposed data center campus from SDCL Tennessee Propco LLC on about 306 acres in the Hiwassee River Industrial Park near Exit 33, behind Walker Valley High School. According to WTVC, SDCL signed an agreement in July 2024 that gave it an option on the land and completed the purchase on April 28, 2025, about a year before the county adopted its rules. The property sits about 1,700 feet from the school, well inside the 3,000-foot buffer.
SDCL sued Bradley County on September 17, asking the court to stop enforcement of the April restrictions. At the commission meeting covered in the October 6 update, Mayor Davis said the county's insurer had denied its claim for help with the defense. The county will have to find the money in its own budget, and he asked the commission to keep fighting the case.
The two cases put the county in two different positions. In MidSpan, the county is defending its rule in court and paying for it. In Project River, the county has no vote. Davis described the commission's last action on data centers as the April vote. The rules from that vote are the ones being challenged now.
Where Things Stand on October 10
Project River is on hold. On September 18, the Wright family asked Cleveland to temporarily delay further action while it brings on a third-party team of technical experts to review the project and the concerns raised during public engagement. The city then canceled a special Planning Commission meeting that had been set for September 21. No published source so far names the experts, gives a timeline for their review, or sets a new meeting date for the project.
Some fixed points are on the public record:
- September 28. The City Council agenda included no Project River annexation item.
- Early October. In Local 3's October 6 update, Mayor Davis said no votes were pending at the County Commission on either Project River or Project MidSpan.
- October 12. The City Council meeting is canceled, according to the September 28 agenda.
- October 26. This is the next general City Council meeting on the city's calendar. Any annexation request would come through the council once the project is revived.
Even before the pause, City Manager Joe Fivas expected a long timeline. "It might be October, November, December, January before we actually decide to move forward on Project River," he said at the council's September 14 meeting. MidSpan's next steps depend on the court. No ruling had been reported as of the October 6 update.
For now, Bradley County's April rule still covers unincorporated land. Whether it decides anything at Exit 33 depends on a City Council vote that hasn't been scheduled and a lawsuit that hasn't been ruled on.
At The Robinson Team, we follow land-use decisions like these because they shape the corridors our clients live along, from Lower River Road to the Exit 33 interchange. If you own property in Bradley County and want help understanding how a pending annexation or zoning question fits into your plans, contact us. We're glad to talk it through.
This article is general information, not legal, tax or financial advice. Consult a qualified professional about your situation.
