Data Center Moratoriums
As AI-driven demand pushes data center construction to record levels, communities and governors are responding. We track 583 active restrictions across 46 states.
583
Active Restrictions
As of November 4, 2026
24
States With Pending Bills
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Moratoriums by State
583 restrictions are currently active across 46 states. New Jersey leads with 93 municipal bans, followed by Michigan (63), Ohio (59), and North Carolina (52). Open any state below to see where restrictions have passed.
| # | Headline | Details | ||
|---|---|---|---|---|
| 1 | New Jersey | 93 | 93 municipalities have banned data centers (per Gothamist/SAVRN count, Sep 2026) | |
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| 2 | Michigan | 63 | 63 local moratoriums — the most of any state — mostly townships | |
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| 3 | Ohio | 59 | 59 enacted restrictions, including four approved by voters on Nov 3, 2026 (Grove City, Hubbard, Sunbury, Perry) | |
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| 4 | North Carolina | 56 | 14 counties and 25+ municipalities with enacted moratoriums | |
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| 5 | Georgia | 42 | 42 local moratoriums and zoning restrictions tracked (35 in force) | |
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| 6 | Florida | 38 | 38 local measures tracked (24 in force) | |
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| 7 | Iowa | 30 | 30 local moratoriums across central and eastern Iowa | |
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| 8 | Tennessee | 26 | 26 local moratoriums | |
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| 9 | Indiana | 25 | Roughly one-third of all 92 counties restrict data centers | |
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| 10 | Washington | 20 | 20 moratoriums including earlier Columbia Basin pauses | |
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| 11 | Kentucky | 18 | Woodford County first permanent ban in state (Sep 2026) | |
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| 12 | Wisconsin | 18 | 18 local moratoriums | |
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| 13 | California | 17 | Alhambra voters affirmed the city’s data center ban (Nov 3, 2026) | |
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| 14 | Maryland | 16 | 13 of 24 counties have moratoriums | |
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| 15 | Nebraska | 13 | Gov. Pillen EO ended ImagiNE Act tax incentives for data centers (Jul 2026) | |
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| 16 | Illinois | 11 | Lawrence County 2-year (Sep 2026) | |
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| 17 | New York | 10 | First statewide moratorium: EO 62 signed July 14 (50 MW+) | |
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| 18 | Kansas | 9 | 8 moratoriums in rural western Kansas counties, plus Emporia’s voter-approved ban on data centers of 10 MW or more (Nov 3, 2026) | |
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| 19 | Missouri | 9 | St. Charles City permanent ban (May 19) | |
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| 20 | Colorado | 8 | Denver 1-year moratorium (May 2026) | |
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| 21 | South Carolina | 8 | 5 county moratoriums: Spartanburg (1 year), Greenwood (12 months), Chesterfield, Newberry, Colleton (6 months) | |
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| 22 | Arkansas | 7 | Benton County moratorium through Feb 2027 | |
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| 23 | North Dakota | 7 | 7 local moratoriums near Applied Digital Polaris Forge campuses | |
| 24 | Oregon | 7 | Gov. Kotek directive (Sep 8): froze all state land for data centers through Jul 2027, supports statewide moratorium in 2027 legislature | |
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| 25 | Pennsylvania | 7 | Gov. Shapiro EO 2026-05: GRID Requirements for 25 MW+, bars fast-track permits (Aug 18) | |
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| 26 | Texas | 7 | Gov. Abbott halted grid connections (Aug 3) and TCEQ environmental permits (Sep 21) pending audits | |
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| 27 | Alabama | 6 | 6 city moratoriums: Leeds, Homewood, Springville, Chelsea, Westover | |
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| 28 | Arizona | 4 | Tax incentives paused June 13 | |
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| 29 | Connecticut | 4 | Groton permanent 12,500 sq ft cap (2023, replaced 2022 moratorium) | |
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| 30 | Maine | 4 | Wells and Wiscasset voters approved local moratoriums (Nov 3, 2026) | |
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| 31 | Massachusetts | 4 | Gov. Healey EO 658: requires community approval before state permits for 25 MW+ (Sep 8) | |
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| 32 | Minnesota | 4 | Minneapolis moratorium approved June 25 | |
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| 33 | Nevada | 4 | Gov. Lombardo EO 2026-005 (Sep 16): full school tax, community commitment, water/grid protections required | |
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| 34 | New Mexico | 4 | Rio Communities 18-month moratorium | |
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| 35 | Utah | 4 | Gov. Cox EO 2026-03 (May 29): Data Center Framework requiring agencies to protect water (Great Salt Lake), air quality, ratepayers, and wildlife | |
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| 36 | Virginia | 4 | Gov. Spanberger EO 22: eliminates by-right for 25 MW+, NDA ban, clean energy mandates (Sep 18) | |
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| 37 | Delaware | 3 | New Castle County enacted the state’s first siting ordinance (Mar 18): closed-loop cooling and 1,000-foot buffers; pipeline projects grandfathered | |
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| 38 | Louisiana | 3 | Gov. Landry EO 26-058 (Jun 25): requires data centers to fully fund power/infrastructure before receiving state tax incentives | |
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| 39 | New Hampshire | 3 | Nottingham 12-month moratorium approved 1,335–143 (Sep 9) | |
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| 40 | Oklahoma | 3 | Oklahoma City immediate moratorium (April 2026) | |
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| 41 | Rhode Island | 3 | Smithfield permanent ban (May 5) | |
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| 42 | Idaho | 2 | Bannock County 180-day emergency moratorium through Jan 26, 2027 (Jul 30), first pause in the state | |
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| 43 | Mississippi | 1 | Jackson 183-day moratorium (Jul 14, 2026), first in the state | |
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| 44 | Montana | 1 | Missoula County 1-year moratorium (Jul 9, 2026) | |
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| 45 | South Dakota | 1 | SB 135/HB 1038 enacted — disclosure & cost-allocation | |
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| 46 | Vermont | 1 | S.205 moratorium until 2030 — in committee | |
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Regulatory Actions & Restrictions
New York became the first state to enact a statewide moratorium in July 2026, and governors in Virginia, Pennsylvania, Massachusetts, Kentucky, Ohio, Texas, Nevada, Oregon, Utah, Nebraska, and Louisiana have signed executive orders or directives. At the federal level, the Ratepayer Protection Act passed the House 417–3 in September. Below are the 115 actions we cover in detail, newest first. Search by place or bill, or narrow by level or state.
| Where | What it does | Duration | Status | Details |
|---|---|---|---|---|
| Emporia, KS Local | Approved 4,346–2,891 (60%) on Nov 3: bans large data centers. Applies to: Data centers drawing 10 MW or more Unofficial results | Permanent | Voter-approved | |
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Emporia voters approved Ballot Question 2, an ordinance prohibiting the construction and operation of “High Impact Data Centers,” defined as facilities drawing more than 10 MW at peak. The vote was 4,346 to 2,891 (60.1% yes), per Lyon County’s unofficial results.
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| Wells, ME Local | Approved 5,818–1,282 (82%) on Nov 3: retroactive moratorium. Applies to: All data centers Unofficial results | Retroactive moratorium | Voter-approved | |
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Wells voters approved Article 5, an ordinance establishing a retroactive moratorium on data centers, 5,818 to 1,282 (82% yes), per the town’s unofficial results. The Board of Selectmen (5–0) and Planning Board (7–0) had both recommended a yes vote.
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| Wiscasset, ME Local | Approved 1,363–712 (66%) on Nov 3: data center moratorium. Applies to: All data centers Unofficial results | Moratorium | Voter-approved | |
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Wiscasset voters approved Question 2, adding a data center moratorium to the town ordinances (Article X, Section X-19), 1,363 to 712 (65.7% yes), per the town’s unofficial results.
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| Grove City, OH Local | Approved 11,317–9,411 (55%) on Nov 3: data centers now need a public vote. Applies to: Any data center development Unofficial results | Permanent (charter) | Voter-approved | |
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Grove City voters approved Issue 28, the Community Consent Amendment, 11,317 to 9,411 (54.6% yes), per Franklin County’s unofficial results. The charter amendment requires a public referendum, plus enforceable community impact standards, before the city can approve a data center.
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| Hubbard, OH Local | Approved 2,622–802 (77%) on Nov 3: citizen-initiated ban. Applies to: All data centers Unofficial results | Permanent | Voter-approved | |
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Hubbard voters approved an initiated ordinance banning data centers in the city, 2,622 to 802 (76.6% yes), per Trumbull County’s unofficial results.
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| Sunbury, OH Local | Approved 2,809–763 (79%) on Nov 3: charter limits on data centers. Applies to: Data center construction Unofficial results | Permanent (charter) | Voter-approved | |
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Sunbury voters approved a charter amendment restricting the construction of data centers in the city, 2,809 to 763 (78.6% yes), per Delaware County’s unofficial results.
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| Perry, OH Local | Approved 946–140 (87%) on Nov 3: required review of data center agreements. Applies to: Village agreements with a hyperscale data center Unofficial results | Permanent | Voter-approved | |
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Perry voters approved Issue 16, a petition-initiated ordinance requiring the Village Fiscal Officer to review any village agreement with a hyperscale data center before signing it, 946 to 140 (87.1% yes), per Lake County’s unofficial results.
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| Alhambra, CA Local | Approved 12,496–2,772 (82%) on Nov 3: voters lock in the city’s ban. Applies to: All data centers Unofficial results | Permanent | Voter-approved | |
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Alhambra voters approved Measure DB, affirming the city council’s data center ban, 12,496 to 2,772 (81.8% yes), per Los Angeles County’s unofficial results. Any future change to the ban now needs voter approval.
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| Beaufort County, NC Local | One-year countywide pause on accepting or approving data-center applications. Applies to: All new applications | 12 months | Enacted | |
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Beaufort County commissioners voted 6–1 on October 5 to stop accepting, processing, or approving data-center applications for one year. Commissioner Hood Richardson was the lone no vote. Residents testified about noise and electricity impacts. Staff will use the year to study those issues before writing permanent rules.
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| Bangor, ME Local | Council voted 8–0 to extend Bangor’s data-center freeze another 180 days. Applies to: New data-center development First confirmed active Maine local pause | 180-day extension (through ~Apr 2027) | Extended | |
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Bangor first imposed a 180-day freeze on April 13 after a developer inquiry from Kratos AI. On September 29 the City Council voted 8–0 to extend the moratorium another 180 days so staff and consultants can finish zoning rules and public outreach. The original pause was due to expire in early October. The extension keeps an active local restriction in force in a state the tracker currently lists as having zero active moratoriums after Gov. Mills vetoed LD 307.
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| Americus, GA Local | 30-day pause while the city drafts a data-center ordinance amendment. Applies to: All facilities | 30 days | Enacted | |
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Americus City Council voted 5–1 on September 24 to enact a 30-day moratorium so staff can write an ordinance amendment regulating data centers. Council Member Frank Ceresoli voted no. The short duration is a study window, not a long-term ban; status should be re-checked after late October for an extension or permanent rules.
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| Pima County, AZ Local | 120-day pause on new data centers in unincorporated Pima County while zoning text is drafted. Applies to: New facilities (no permit yet submitted) First local moratorium in Arizona | 120 days | Enacted | |
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The Board of Supervisors voted 3–2 on September 22 to pause new data-center permits in unincorporated Pima County for 120 days (about January 20, 2027) while staff finish zoning standards on water, noise, and design. An amendment exempts projects that had already submitted site-improvement permits, including Project Blue and Project Gravel. The board may waive the pause after notice to nearby owners and a public meeting. Draft code is expected by mid-December, and the board reserved the right to extend.
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| California State | Gov. Newsom signed 7 data center bills: ratepayer protections, water disclosures, CEQA reform. Applies to: All data centers Seven bills signed in a single day | Permanent | Signed | |
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Governor Newsom signed seven bills regulating data centers: SB 886 and AB 2383 create new CPUC power rates so data centers cover their grid-connection and electricity costs. SB 887 removes CEQA categorical exemptions for data center projects. AB 2469 prohibits local approval until developers disclose projected water usage. AB 1577 establishes a CEC registry process. AB 2619 requires additional water-use reporting. SB 1168 addresses cost allocation for large loads. The package is the most comprehensive state-level data center regulation in the country.
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| Commerce City, CO Local | Six-month citywide pause while staff write standards the zoning code currently lacks. Applies to: All data-center development | 6 months | Enacted | |
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Commerce City Council voted 7–1 on September 21 to pause all data-center development for six months. The land-use code has no data-center definition or performance standards. Staff will review water supply, telecommunications, and infrastructure capacity. The suburb joins Denver, Broomfield, Jefferson County, Larimer County, and Boulder County on Colorado’s Front Range pause map.
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| Dubuque City, IA Local | Six-month moratorium on hyperscale data centers while city drafts permanent regulations. Applies to: Hyperscale (75 MW+ or 100K+ sq ft) | 6 months | Enacted | |
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The City Council approved a temporary moratorium on hyperscale data centers, defined as facilities exceeding 100,000 sq ft, requiring 75 MW+, using 50 gal/min+ of cooling water, or containing 5,000+ server units. Meeting any single threshold triggers the moratorium. Staff will complete technical studies on water, energy, and infrastructure impacts during the pause.
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| Texas (TCEQ) State | Gov. Abbott directed TCEQ to halt all data center permits pending ERCOT/TWDB audits. Applies to: All environmental permits Broadens Aug 3 grid moratorium to environmental permits | Until audits complete | Enacted | |
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Governor Abbott directed TCEQ Executive Director Kelly Keel to issue no permits sought by data center projects until ERCOT and the Texas Water Development Board complete their audits. The directive extends beyond the August 3 grid-connection pause to include air, water, and other environmental permits. It may cover behind-the-meter and island-mode facilities. TCEQ must report compliance by October 19. Abbott has signaled he will work with the Legislature next session to eliminate financial incentives for data centers.
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| Salem, OR Local | Unanimous 120-day pause on data-center construction while a task force writes rules. Applies to: Primary-use DCs; accessory 2 MW+ with PUE > 1.5 | 120 days (through Jan 19, 2027) | Enacted | |
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Salem City Council adopted Resolution 2026-40 on September 21, 7–0 with two members absent. The moratorium runs through January 19, 2027 and covers all primary-use data centers plus accessory facilities over 2 MW with PUE above 1.5. A pending Verrus application must still be processed, but construction can be prohibited during the pause. The Data Center Task Force reports December 7. Council may extend the pause about six months after another hearing.
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| Virginia State | Gov. Spanberger EO 22: eliminates by-right zoning for 25 MW+, bans NDAs, clean energy mandates. Applies to: 25 MW+ Nation’s largest data center hub tightens rules | Ongoing | Enacted | |
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Governor Spanberger signed Executive Order 22, implementing the Virginia Data Center Accountability Framework. The order eliminates by-right approval for facilities over 25 MW, bans non-disclosure agreements between state agencies and developers, removes data centers from the fast-track permitting process, sets water use and noise standards, limits on-site natural gas generation, and directs the SCC to shift grid infrastructure costs away from residential ratepayers. It also creates an AI Task Force.
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| Los Angeles County, CA Local | Immediate ban on large-scale AI data centers in unincorporated areas. Applies to: AI data centers | Until zoning amended | Banned | |
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The Department of Regional Planning issued interim guidance prohibiting large-scale AI-powered data centers in unincorporated areas while the county moves to codify the prohibition in its zoning code. Board Chair Hilda Solis introduced the motion in April, citing public health and environmental concerns raised by San Gabriel Valley residents.
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| Oshkosh, WI Local | Unanimous one-year moratorium, no active proposals pending. Applies to: All facilities | 1 year | Enacted | |
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The Common Council unanimously approved a 12-month moratorium on data centers. No active proposals are pending in the city; the council said the moratorium gives it time to study impacts even if the state does not act.
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| Greenfield, MA Local | Unanimous one-year moratorium with 180-day extension option. Applies to: All facilities | 1 year (extendable 180 days) | Enacted | |
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City Council voted unanimously for a one-year moratorium, tasking the Planning Board with reviewing zoning codes and researching community impacts. The moratorium can be extended by 180 days if recommendations aren’t finalized. Councilors referenced Gov. Healey’s executive order requiring local approval.
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| Cumberland, RI Local | Town council bans data centers 6–1, third RI permanent ban. Applies to: All facilities | Permanent | Banned | |
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The Cumberland Town Council voted 6–1 to adopt Ordinance 26-22, listing data centers as a prohibited use under the town’s zoning ordinance. Cumberland is the third Rhode Island town to permanently ban data centers, following Smithfield (May) and Charlestown (August).
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| Nevada State | Gov. Lombardo EO 2026-005: full school tax, community commitment, water/grid protections. Applies to: Tax abatement applicants | Ongoing | Enacted | |
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Governor Lombardo signed Executive Order 2026-005, the “Nevada Standard for Responsible Data Center Development.” Data center developers seeking tax abatements must pay the Local School Support Tax in full, sign a binding Community Support Commitment, meet local water standards, cover all facility-serving costs without passing them to ratepayers, and ensure no strain on the grid or community during emergencies. The order adds guardrails to 2015 legislation that had required GOED to grant abatements with no energy, water, or community protections.
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| Lawrence County, IL Local | Unanimous two-year moratorium on data centers over 10,000 sq ft. Applies to: 10,000+ sq ft | 2 years | Enacted | |
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The Lawrence County Board voted unanimously for a two-year moratorium on data center facilities exceeding 10,000 sq ft. The ordinance was modeled after a similar moratorium in neighboring Crawford County.
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| U.S. Congress Federal | Ratepayer Protection Act passed House 417–3. Blocked in Senate by Heinrich objection. Applies to: 100 MW+ First federal data center bill to pass a chamber of Congress | Permanent (if enacted) | Passed House | |
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H.R. 9340 (Rep. Evans, R-CO) / S. 5028 (Sen. Husted, R-OH) would require state utility commissions to consider standards ensuring data centers over 100 MW pay the full incremental cost of grid upgrades. The House passed it 417–3 on September 16. Sen. Husted sought unanimous consent in the Senate on September 17 but Sen. Heinrich (D-NM) objected, calling the bill insufficient because the standards would be voluntary. Heinrich’s competing GRID Savings Act (S. 5199) would give FERC mandatory jurisdiction over large-load interconnection. The bill is unlikely to pass the Senate before the November midterms.
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| Richmond, CA Local | Third Bay Area city to enact a moratorium, following Oakley and Gilroy. Applies to: All facilities | 45 days (extendable to 2 years) | Enacted | |
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Richmond City Council voted 6–0 (one abstention) for a 45-day urgency ordinance. No data center applications are pending. The city can extend the ban up to two years. Richmond joins Oakley and Gilroy as the third Bay Area city to pass a data center moratorium.
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| Marion County, FL Local | 12-month moratorium on large-scale data centers, exempting facilities under 50 MW. Applies to: 50 MW+ | 12 months | Enacted | |
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Marion County commissioners voted 4–1 to enact a 12-month moratorium on large-scale data centers, AI processing hubs, and cryptocurrency mining operations. Facilities under 50 MW are exempt. Growth services staff will conduct public workshops and studies on groundwater impacts, grid capacity, and cooling mandates.
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| Hualapai Reservation, AZ Local | Hualapai Tribal Council barred hyperscale data centers on its Colorado River reservation. Applies to: Hyperscale on tribal land Second tribal government to restrict data centers | Permanent | Banned | |
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After an August 20 opposition resolution, the Hualapai Tribal Council enacted a moratorium on hyperscale data-center development across its nearly one-million-acre reservation. The Tribe, which shares a 108-mile border with the Colorado River, cited critical basin water shortages, light pollution, and wastewater discharge. No outside developer may use or compromise tribal resources without free, prior, and informed consent. The action follows Cherokee Nation’s August ban and is Arizona’s first tribal data-center restriction.
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| Gilroy, CA Local | Unanimous 45-day moratorium; can be extended to two years under state law. Applies to: All facilities | 45 days (extendable to 2 years) | Enacted | |
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The City Council unanimously approved an urgency ordinance under California Government Code Section 65858. The city cannot accept, process, or approve data center applications during the pause. Gilroy’s zoning code does not specifically define data centers as a distinct land use.
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| Woodburn, OR Local | City council enacts 120-day moratorium despite no pending applications. Applies to: All facilities | 120 days | Enacted | |
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Woodburn’s city council approved a 120-day moratorium on new data center development, freezing the acceptance, review, and approval of permits. The city has no pending data center applications. The advisory committee received over nine hours of public comment.
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| Statesville, NC Local | Statesville City Council unanimously approves 180-day moratorium. Applies to: All facilities | 180 days | Enacted | |
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The council approved the second reading of a 180-day moratorium on new data center development. Fifteen speakers supported the moratorium at the packed public hearing in August, and no one spoke against it. Previously approved projects are exempt.
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| Chatham County, GA Local | 155-day moratorium in unincorporated areas, bars warehouse conversions. Applies to: 10 MW+ | 155 days | Enacted | |
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The Board of Commissioners approved a 155-day moratorium on data centers of 10 MW or more in unincorporated Chatham County, running to February 16, 2027. The moratorium also bars converting warehouses and industrial buildings to data center use. It may be extended by up to 60 days if the county’s study is incomplete.
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| Rochester, NH Local | Ordinance bans data centers in all but one zone; conditional use in Recycling Industrial. Applies to: All districts except Recycling Industrial | Permanent | Enacted | |
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Following a public meeting where every speaker supported restrictions, Rochester enacted an ordinance prohibiting data centers in every zoning district except Recycling Industrial, where a conditional-use permit is required. Mayor Grassie encouraged other communities to take similar preemptive action.
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| Nottingham, NH Local | Town votes 1,335–143 for 12-month data center moratorium. Applies to: All facilities | 12 months | Enacted | |
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Nottingham residents voted overwhelmingly (1,335 to 143) at a special election for a 12-month moratorium on any data center development within town limits. The vote followed an earlier withdrawn proposal for a hyperscale facility that drew significant backlash. The pause gives the town time to study land-use, environmental, and fiscal impacts and potentially adopt permanent zoning changes.
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| Trumbull, CT Local | Two-year emergency freeze on new data centers; does not stop the 80 Merritt Boulevard AI retrofit. Applies to: New facilities only (existing site exempt) Existing 80 Merritt Blvd AI conversion is exempt | 2 years | Enacted | |
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Trumbull Town Council unanimously adopted Resolution TC31-65 on September 9, imposing a two-year moratorium on the establishment and development of new data centers. The resolution does not apply to modernization of the existing facility at 80 Merritt Boulevard, where 365 Data Centers and Aphorio Carter are pursuing an AI-ready conversion. Residents are petitioning Planning and Zoning to define data centers in a way that would cover that site.
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| Woodford County, KY Local | Unanimous permanent ban on data center construction to protect farmland. Applies to: All facilities First Kentucky county to permanently ban data centers | Permanent | Banned | |
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The Woodford County Fiscal Court unanimously approved a permanent ban on data center construction, also covering landfills and large battery-storage systems. The ordinance was developed with the Versailles and Midway City Councils. Judge-Executive James Kay cited protection of farmland and rural character.
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| Massachusetts State | Gov. Healey EO 658: state cannot issue permits unless developer has community benefits agreement. Applies to: 25 MW+ State bars permits without community approval | Ongoing | Enacted | |
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Governor Healey signed Executive Order 658, barring state agencies from issuing permits for data centers over 25 MW unless developers demonstrate conformance with the state’s Data Center Framework and submit a community benefits agreement. Non-disclosure agreements between state agencies and developers are banned. MassDEP must establish an alternative compliance payment mechanism by December 31 for centers that don’t procure sufficient clean energy, with proceeds flowing into a new Ratepayer Protection Fund. The order follows a June suspension of the state’s sales-tax exemption for data centers.
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| Oregon State | Gov. Kotek directive: froze all state land for data center projects through Jul 2027. Applies to: State-owned land Governor publicly supports statewide moratorium for 2027 legislature | Through Jul 1, 2027 | Enacted | |
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Governor Kotek directed every state agency to immediately pause unapproved requests for easements, rights-of-way, leases, rentals, land-use permits, and sales or transfers of state-owned property for data center projects. Oregon lacks authority for a statewide moratorium on private land, but Kotek publicly supports one in the 2027 legislative session. The Data Center Advisory Committee will deliver policy recommendations by year-end.
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| U.S. Congress Federal | H.R. 10321 would require DOE to publish data-center siting best practices within one year. Applies to: DOE siting guidance (all data centers) | Permanent (if enacted) | In committee | |
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Rep. Suhas Subramanyam (D-VA-10) introduced the Responsible Data Center Siting Act on September 8 and referred it to House Energy and Commerce. The bill directs the Secretary of Energy, consulting FERC and the Department of Defense, to publish siting best practices covering grid, water, environmental, community, national-security, and workforce impacts, including a list of preferred locations. DOE would update the guidance at least every two years. It is a siting-guidance bill, not a construction moratorium.
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| Levy County, FL Local | Moratorium on data centers and large-load facilities in unincorporated areas. Applies to: 50 MW+ | Through Sep 30, 2027 | Enacted | |
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The Board of County Commissioners approved Ordinance 2026-05, halting submission, acceptance, processing, and approval of data center and large-load customer applications. The moratorium takes effect October 1 and runs through September 30, 2027. Coverage includes AI computing, cloud computing, data mining, and cryptocurrency mining facilities.
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| Mendocino County, CA Local | Unanimous 45-day emergency ban covering hyperscale, AI, and crypto mining. Applies to: All facilities | 45 days (extendable to 2 years) | Enacted | |
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Supervisors voted 5–0 to adopt an urgency ordinance barring any new data center in unincorporated county areas. The ban covers hyperscale, colocation, AI training and inference, high-performance computing, and cryptocurrency mining. The county code had no definition of data centers, meaning one could have been approved through a routine building permit.
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| Mattoon, IL Local | Unanimous pause on data centers larger than half an acre, renewing annually by default. Applies to: New facilities over 21,780 sq ft Auto-renews each year unless council ends it | 12 months, auto-renews annually | Enacted | |
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Mattoon City Council voted 5–0 on September 1 to stop accepting applications for data centers larger than 21,780 sq ft inside the city and its 1.5-mile extra-territorial zoning area. Existing operations may continue. Because Mattoon is not a home-rule city, it cannot impose a permanent ban. The moratorium automatically renews each year unless the council holds a public hearing and votes to end it.
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| Cary, NC Local | Unanimous 18-month freeze on large data-center and crypto-mining applications through February 2028. Applies to: Large data centers and crypto mining (1 MW+) Longest pause in the Research Triangle | 18 months (through Feb 2028) | Enacted | |
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Cary Town Council voted unanimously on August 27 to suspend development approvals, rezonings, plans, and building permits for data centers and cryptocurrency mining. Enterprise or collocated equipment drawing less than 1 MW is exempt. The town has no large standalone facilities and no pending applications. Staff will study electricity, water, noise, and site design and return with a recommended ordinance path by February 2028.
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| Savannah, GA Local | 155-day moratorium on large-scale data centers, unanimously approved. Applies to: 10 MW+ | 155 days | Enacted | |
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Savannah City Council unanimously approved a 155-day moratorium on data centers with electrical capacity of 10 MW or more and industrial buildings over 200,000 sq ft. The move follows OpenAI’s announcement of Project Camelia, a 3.2 GW campus in nearby Effingham County. Garden City and Bloomingdale in Chatham County also enacted moratoriums this summer.
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| Morgan Hill, CA Local | Temporary moratorium while staff researches zoning options. Applies to: All facilities | 45 days (extendable to 2 years) | Enacted | |
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The City Council approved a temporary moratorium on data centers to give staff time to research options for new zoning rules. Neighboring Gilroy followed with its own moratorium on September 14.
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| Washington County, FL Local | One-year moratorium on data center applications in unincorporated county. Applies to: New applications | 1 year | Enacted | |
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The Board of County Commissioners approved a one-year moratorium on accepting, processing, and approving data center applications while it studies impacts and updates its Land Development Code.
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| Gregg Twp (Union Co.), PA Local | 180-day moratorium on data center applications. PNK Group’s pending proposal excluded. Applies to: New applications | 180 days | Enacted | |
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Gregg Township supervisors unanimously adopted Resolution 2026-03, barring new data center or “technical development” applications for up to 180 days. The pending PNK Group application for a 252,000 sq ft facility at Great Stream Commons is excluded and continues separately.
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| Nye County, NV Local | Unanimous permanent ban on data centers in Pahrump Valley. Applies to: Pahrump Valley / Basin 162 | Permanent | Banned | |
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Nye County commissioners voted 5–0 to permanently ban data centers in the Pahrump Valley (Basin 162), citing water-supply concerns in the desert region.
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| Indianapolis (Marion Co.), IN Local | Moratorium through 2027, unanimously approved by Metropolitan Development Commission. Applies to: All new approvals Largest Indiana city halts new data centers | Through Dec 31, 2027 | Enacted | |
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The Metropolitan Development Commission voted 6-0 to enact a moratorium on new data center approvals through December 31, 2027. Marion County joins 20+ Indiana counties with moratoriums. Three already-approved projects (DC Blox, Metrobloks, Sabey) are exempt. Mayor Hogsett proposed $150,000 for an advisory committee to study regulations.
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| Greensboro, NC Local | Unanimous 180-day moratorium on data centers 10 MW or larger. Applies to: 10 MW+ | 180 days | Enacted | |
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Greensboro City Council voted 8–0 for a 180-day moratorium on data center facilities requiring 10 MW or more of electrical capacity. Greensboro joins Charlotte, Durham, Asheville, and Raleigh (pending) among major North Carolina cities restricting data centers.
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| Ypsilanti Twp, MI Local | Six-month moratorium on major electric utility infrastructure for data centers and AI computing. Applies to: High-energy uses | 180 days | Enacted | |
|
The Board of Trustees voted unanimously for a 180-day moratorium on major electric utility infrastructure serving high-energy-demand uses, including hyperscale and mid-sized data centers and AI computing facilities. The township had already paused water service for data centers.
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| Westover, AL Local | Six-month moratorium after residents opposed a proposed 450-acre campus. Applies to: All facilities | 6 months | Enacted | |
|
The City Council voted unanimously for a six-month moratorium on data centers after residents objected to a proposed campus on more than 450 acres along Highway 280. Westover is the sixth Alabama city to restrict data centers in 2026.
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| Pennsylvania State | Gov. Shapiro EO 2026-05: GRID Requirements for 25 MW+, removes fast-track permitting. Applies to: 25 MW+ Nation’s strictest data center guardrails | Ongoing | Enacted | |
|
Governor Shapiro signed Executive Order 2026-05, requiring data center developers over 25 MW to sign legally binding consent orders committing to the GRID Requirements covering energy affordability, transparency, workforce development, and environmental protection. Local approval is required before state permits. Data centers are permanently removed from Pennsylvania’s Fast Track permitting program. Non-disclosure agreements with communities are banned.
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| Louisville (Jefferson Co.), KY Local | Six-month moratorium passed 24–1; hyperscale ban under consideration. Applies to: All new proposals | 6 months | Enacted | |
|
Metro Council voted 24–1 for a six-month moratorium on new data center proposals, rezoning requests, and conditional use permits. The Planning Commission is considering a permanent ban on hyperscale facilities over 500,000 sq ft, a quarter-mile separation from schools and other data centers, and closed-loop cooling requirements. Over 3,600 public comments were received, with the vast majority favoring a ban.
|
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| Fort Worth, TX Local | 90-day pause on data center applications initiated. Applies to: New applications | 90 days | Enacted | |
|
Fort Worth initiated a 90-day pause on new data center applications, making it the largest Texas city to enact a local restriction alongside the governor’s statewide grid-connection and TCEQ permit pauses.
|
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| Plainfield, NJ Local | Citywide ban on data centers across all zoning districts. Applies to: All zones One of 93 NJ municipalities to ban data centers | Permanent | Banned | |
|
Plainfield enacted a permanent citywide ban on data centers across all zoning districts. The ordinance prohibits data centers as a principal, accessory, or temporary use in every zone. Plainfield is one of 93 New Jersey municipalities that have now banned data centers, per the Pinelands Alliance.
|
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| Cherokee Nation, OK Local | Hyperscale data centers banned on Cherokee Nation tribal and trust lands. Applies to: Hyperscale on tribal/trust lands First tribal government to ban data centers | Permanent | Banned | |
|
The Cherokee Nation barred large-scale data centers on its tribal and trust lands in Oklahoma. A survey of 1,593 Cherokee citizens found 64% opposed data center development on tribal land.
|
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| Kentucky State | Gov. Beshear EO directing permit denials for harmful impacts and barring rate increases. Applies to: All facilities | Ongoing | Enacted | |
|
Governor Beshear signed an executive order directing the Energy and Environment Cabinet to deny permits to any data center that would negatively impact air quality, water quality, or natural resources. The Public Service Commission is directed to deny utility rate increase requests tied to data center development. Developers must submit energy plans explaining how they will protect residents from rising bills. The order is not a moratorium but restricts approval pathways.
|
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| Tucson, AZ Local | Large data centers now require a mayor-and-council PAD/PCD vote, with half-mile residential buffers. Applies to: 25,000 sq ft or 20 MW+ Ends by-right siting; council vote required | Permanent | Enacted | |
|
Tucson City Council voted 6–1 on August 5 (effective September 4) to require Planned Area Development or Planned Community Development rezoning for any data center over 25,000 sq ft or 20 MW. There is no by-right location in the city. Rules include a half-mile buffer from homes and schools, a 50-foot height cap, noise studies, water and energy-mix disclosure, and limits on diesel backup generation. Council also directed staff to keep studying a legally defensible ban.
|
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| Town of Tonawanda, NY Local | One-year moratorium that reaches below the state’s 50 MW threshold. Applies to: 20 MW+ | 1 year | Enacted | |
|
The Town Board voted unanimously for a one-year moratorium barring new applications for data centers requiring 20 MW or more. Supervisor John Flynn said the local measure mirrors Executive Order 62 but reaches below the state order’s 50 MW threshold.
|
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| Lakeland, FL Local | One-year pause on new data center applications. Applies to: New applications | 1 year | Enacted | |
|
Lakeland approved a one-year pause on new data center applications, the latest Florida locality to restrict development alongside Palm Beach and Sarasota counties.
|
||||
| Texas State | Gov. Abbott halted all new data center grid connections pending PUCT/ERCOT audit. Applies to: All new grid connections Largest deregulated market halts new connections | Until audit complete | Enacted | |
|
Governor Abbott directed the PUCT and ERCOT to halt approval of new data center grid connections and conduct a comprehensive audit of all projects in the interconnection queue. ERCOT is tracking over 1,800 projects representing 474 GW—approximately 90% are data centers. The “batch zero” review process was paused pending the broader audit. The directive follows a June 10 letter requiring data centers to disclose water and power usage.
|
||||
| U.S. Congress Federal | GRID Savings Act would give FERC mandatory jurisdiction over large-load interconnection. Applies to: 150 MW+ | Permanent (if enacted) | In committee | |
|
S. 5199 (Sen. Heinrich, D-NM) would give FERC jurisdiction over interconnection of “covered large loads” — facilities requesting 150 MW or more behind a single point of interconnection. FERC would issue binding rules within one year on cost allocation, financial security, and study processes. Customers would pay directly for interconnection facilities and fund network upgrades upfront. Heinrich blocked the Ratepayer Protection Act in the Senate, arguing his bill has stronger enforcement.
|
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| Bannock County, ID Local | 180-day emergency pause on data-center permits in unincorporated Bannock County. Applies to: New applications (unincorporated only) First in Idaho | 180 days (through Jan 26, 2027) | Enacted | |
|
The Bannock County Board of Commissioners adopted Emergency Moratorium Ordinance No. 2026-02 on July 30, stopping receipt, processing, and approval of data-center applications through January 26, 2027. The pause applies only to unincorporated land and does not affect Pocatello’s separate Hoku-site review. Staff will draft a standalone ordinance on water, energy, land use, and community character after finishing a broader code rewrite. Already-filed applications are exempt.
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| Nashville, TN Local | Moratorium on new data center construction through December 1. Applies to: New construction | Through Dec 1, 2026 | Enacted | |
|
Nashville passed a moratorium on new data center construction through December 1, 2026, citing grid capacity and noise concerns in residential areas.
|
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| Montgomery County, MD Local | 18-month moratorium, longest in the D.C. metro region alongside PG County. Applies to: All facilities | 18 months | Enacted | |
|
Montgomery County enacted an 18-month moratorium on new data center development, joining Prince George’s County (2-year pause) and Baltimore (1-year) in restricting development in the greater Washington, D.C. region. Maryland now has 13 of 24 counties with some form of data center restriction.
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| Hillsboro, OR Local | 120-day moratorium on data centers and battery energy storage systems. Applies to: New applications First Oregon city to enact a moratorium | 120 days | Enacted | |
|
The Hillsboro City Council unanimously adopted a 120-day moratorium on new data center and BESS applications at a special meeting. Hillsboro has 35 existing data centers — more than any other city in Oregon. The moratorium also covers expansions. A 20-member working group will draft policy recommendations.
|
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| Kent County, DE Local | Unanimous ordinance confines data centers to two industrial zones with 300-foot residential buffers. Applies to: New facilities (IL/IG industrial only) First central-Delaware restriction | Permanent | Enacted | |
|
Kent County Levy Court voted 7–0 on July 21 to adopt Ordinance LC2606. Data centers are permitted only in IL and IG industrial districts in unincorporated Kent County, with 300-foot residential setbacks, 400-foot equipment setbacks, 55 dB noise limits, closed-loop cooling, evergreen buffers, and utility no-objection letters. Incorporated towns are excluded. The county attorney is reviewing whether a full ban is legally viable.
|
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| Nebraska State | Gov. Pillen EO: ended ImagiNE Act tax incentives for data centers, ordered multi-agency review. Applies to: Tax incentives | Ongoing | Enacted | |
|
Governor Pillen signed an executive order barring new data-center applications from ImagiNE Nebraska Act tax incentives and ordering a multi-agency review of water, power, and land impacts. Pillen framed it as a tax-incentive rollback and explicitly “not a moratorium.” Twelve Nebraska counties have enacted their own local moratoriums, the fastest county-level adoption wave in the country.
|
||||
| Palm Beach County, FL Local | Rejected Project Tango 5–1, then froze all new applications countywide. Applies to: Countywide | While drafting rules | Enacted | |
|
Commissioners rejected Project Tango on a 5–1 vote after a 12-hour hearing. The county separately voted to freeze all new data center applications countywide while it drafts permanent regulations.
|
||||
| New York State | Executive Order 62 pauses state environmental permits for facilities over 50 MW. Applies to: 50 MW+ First statewide moratorium in the U.S. | Until GEIS complete (~1 year) | Enacted | |
|
Governor Hochul signed Executive Order 62 on July 14, creating the nation’s first statewide data center moratorium. State environmental permits are paused for facilities over 50 MW until the Department of Public Service completes a Generic Environmental Impact Statement. The order sets no fixed deadline but the governor characterized it as approximately one year. The legislature’s broader bill (S10642/A11560), which covers 20 MW+ facilities, has not been signed separately.
|
||||
| Knoxville & Knox County, TN Local | Emergency one-year moratorium on data centers over 10 MW. Applies to: 10 MW+ | 1 year | Enacted | |
|
Knoxville enacted an emergency one-year moratorium on data center facilities requiring 10 MW or more. Knox County separately approved a moratorium through June 30, 2027. Tennessee now has 26 local moratoriums, up from 7 earlier this year, plus Nashville’s ban on facilities over 500,000 sq ft.
|
||||
| New Jersey State | Data Center Fair Share Act requires large operators to underwrite their projected power costs. Applies to: 50 MW+ | 10-year commitment | Signed | |
|
The Data Center Fair Share Act requires operators over 50 MW to commit to 85% of projected power costs for a decade, shifting the risk of stranded grid investment away from other ratepayers.
|
||||
| North Carolina State | Session Law 2026-41 repeals sales-and-use tax exemption for electricity at data centers. Applies to: Certified data centers | Permanent | Signed | |
|
Session Law 2026-41 repeals the sales-and-use exemption for electricity used at certified data centers. The combined general rate applies to billing periods starting on or after August 6, 2026. Equipment exemptions remain intact. The law followed intense local opposition across 50+ communities.
|
||||
| Prince George’s County, MD Local | Two-year pause on hyperscale data center construction. Applies to: Hyperscale | 2 years | Enacted | |
|
The county enacted a two-year pause on hyperscale data center construction, one of the longest local pauses in the Washington, D.C. region.
|
||||
| Broomfield, CO Local | 18-month pause on new data center permits. Applies to: New permits | 18 months | Enacted | |
|
Broomfield enacted an 18-month pause on new data center permits, joining several Front Range jurisdictions reviewing their zoning codes.
|
||||
| Dubuque County, IA Local | One-year moratorium covering all data center scales and supporting infrastructure. Applies to: All scales | 1 year | Enacted | |
|
The Board of Supervisors adopted a one-year moratorium on all data center scales in unincorporated areas, running through May 26, 2027. Coverage includes utility, water, wastewater, cooling, phased, and speculative infrastructure. Routine IT infrastructure for local businesses and government is exempt.
|
||||
| Illinois State | Paused its data center tax incentive program. Applies to: Tax incentives | Indefinite | Effective | |
|
Illinois paused its data center tax incentive program effective July 1, 2026. The state had been among the more aggressive users of sales-tax exemptions to attract hyperscale investment.
|
||||
| Virginia State | New $0.011/kWh consumption tax on large-load data centers, capped at $600M/yr. Applies to: Large load | Ongoing | Tax enacted | |
|
A new $0.011/kWh energy consumption tax applies to large-load data centers, capped at $600M per year. A separate moratorium bill (HB 1515) was carried over to the 2027 session. Virginia localities cannot enact blanket moratoriums under state law and must consider each application individually.
|
||||
| Spartanburg & Greenwood Counties, SC Local | Both counties enacted 12-month moratoriums; three other SC counties followed. Applies to: New development | 1 year | Enacted | |
|
Spartanburg County Council voted unanimously for a one-year moratorium on data center development, directing staff to study appropriate siting. Greenwood County started its own 12-month pause the same week. Chesterfield and Newberry counties enacted moratoriums earlier in June, and Colleton County passed a six-month pause in May after a gigawatt-scale campus was proposed near the environmentally sensitive ACE Basin. The statewide H 5286 moratorium bill failed to advance.
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| Minneapolis, MN Local | Council gave final approval to a construction moratorium. Applies to: New construction | Not specified | Enacted | |
|
The city council gave final approval to a moratorium on new data center construction on June 25, 2026. A statewide bill (HF 4888) followed.
|
||||
| Louisiana State | Gov. Landry EO 26-058: data centers must fully fund power/infrastructure before receiving state tax incentives. Applies to: Incentive applicants | Ongoing | Enacted | |
|
Governor Landry signed Executive Order 26-058, directing Louisiana Economic Development to require that data center and large-load projects fully fund their own power and deliver local benefits before receiving state tax incentives. Already-certified projects (Meta, Amazon) are exempt. The order does not create a statewide moratorium or override the Public Service Commission.
|
||||
| Snohomish County, WA Local | Emergency six-month moratorium on data center development. Applies to: All facilities | 6 months | Enacted | |
|
Snohomish County enacted an emergency six-month moratorium on data center development, joining Seattle, Spokane, and Spokane County among Washington jurisdictions restricting the use.
|
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| Asheville, NC Local | One-year moratorium in western North Carolina. Applies to: All facilities | 1 year | Enacted | |
|
Asheville City Council approved a one-year moratorium on new data center development, one of the first western North Carolina cities to act. The moratorium follows rapid growth in moratoriums across the state’s Piedmont and mountain regions.
|
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| Jackson County, FL Local | Unanimous permanent ban on data centers, replacing earlier moratorium proposal. Applies to: All facilities | Permanent | Banned | |
|
Jackson County commissioners voted unanimously to ban data centers and associated facilities in the unincorporated county, replacing a proposed one-year moratorium with a permanent prohibition. The ordinance took effect upon filing with the Florida Department of State.
|
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| Holly Springs, NC Local | Unanimous one-year pause on applications in town limits and the ETJ. Applies to: Data centers, data processing, and crypto mining | 12 months (through Jun 16, 2027) | Enacted | |
|
Holly Springs Town Council voted unanimously on June 16 to halt acceptance, processing, and approval of data-center, crypto-mining, and data-processing applications through June 16, 2027, unless regulations are adopted sooner. Town Manager Randy Harrington later told council that North Carolina law allows regulation of location, utilities, noise, and traffic but does not authorize an outright ban. The Land Use Advisory Committee is drafting standards.
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| Harford County, MD Local | Permanent ban in all zoning districts, first county ban in Maryland. Applies to: All zoning districts | Permanent | Banned | |
|
Harford County Council voted 7–0 to permanently ban data centers in all zoning districts, making it the first Maryland county to enact a complete prohibition rather than a temporary moratorium.
|
||||
| Arizona State | Paused its data center tax incentive program. Applies to: Tax incentives | Indefinite | Enacted | |
|
Arizona paused data center tax incentives effective June 13, 2026, despite hosting one of the largest concentrations of facilities in the West around the Phoenix metro.
|
||||
| Walton County, FL Local | Unanimous permanent ban on all data centers and large-load centers. Applies to: All data centers & 50 MW+ loads | Permanent | Banned | |
|
Walton County commissioners unanimously adopted an ordinance creating a permanent prohibition on data centers and large-load centers requiring 50 megawatts or more. The ordinance applies to all land use categories and zoning districts.
|
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| West Haven, CT Local | City Council unanimously approves preemptive 1-year moratorium. Applies to: All facilities | 1 year | Enacted | |
|
West Haven City Council unanimously approved a resolution from Mayor Dorinda Borer for a one-year moratorium on data center development. No data center has been proposed for the city; the moratorium allows time to craft zoning regulations. Borer said she was inspired by fellow mayors at the U.S. Conference of Mayors.
|
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| Charlotte, NC Local | Charlotte 150-day moratorium, council may extend by 9 months. Applies to: All facilities | 150 days (extension pending) | Enacted | |
|
Charlotte City Council voted to establish a 150-day moratorium on new data center applications, running through November 5, 2026. The transportation and development committee voted September 8 to recommend extending the moratorium by nine additional months. Charlotte is the largest city in North Carolina to enact a moratorium.
|
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| Seattle & Spokane, WA Local | Both cities enacted one-year pauses on new data center permits. Applies to: New permits | 1 year | Enacted | |
|
Seattle and Spokane both enacted one-year pauses on new data center permits. Separately, Grant County PUD has waitlisted new large-load connections.
|
||||
| Utah State | Gov. Cox EO 2026-03: Data Center Framework requiring heightened agency review. Applies to: All large facilities | Ongoing | Enacted | |
|
Governor Cox signed Executive Order 2026-03, creating a statewide Data Center Framework. Agencies must protect the Great Salt Lake and water resources, air quality, wildlife, and utility ratepayers while promoting rural economic growth. The order does not create a moratorium or expand agency authority but directs heightened scrutiny. It followed public outcry over the proposed 100,000-acre Stratos data center campus in Box Elder County.
|
||||
| Ohio State | Gov. DeWine paused new data center sales-tax exemption requests. Applies to: Tax exemption applicants | Ongoing | Enacted | |
|
Governor DeWine directed the Tax Credit Authority to stop considering new data-center sales-tax exemption requests while a legislative joint committee studies the industry. Existing exemptions are not repealed. SB 646, which would create a dedicated electric rate class for data centers and limit tax breaks, passed the House in an earlier version but was recommitted in the Senate.
|
||||
| Denver, CO Local | Unanimous one-year moratorium on new data center development. Applies to: New permits | 1 year | Enacted | |
|
Denver City Council unanimously approved CB 26-0431, pausing new data center applications through May 21, 2027. A 20-member working group is developing regulations covering energy use, water consumption, noise, and siting. The CoreSite DE3 facility under construction in Elyria-Swansea is exempt but future phases may be subject to new rules.
|
||||
| Morris, CT Local | Planning & Zoning unanimously approves 2-year moratorium on data centers and battery storage. Applies to: Data centers and battery storage | 2 years | Enacted | |
|
Morris’s Planning and Zoning Commission unanimously adopted a two-year moratorium covering data centers and battery energy storage systems, expiring May 2028. No data center has been proposed for the rural Litchfield County town; the ban was driven by concerns about farmland and rural character after contentious solar developments were sited over the town’s objections.
|
||||
| St. Charles, MO Local | Permanent ban passed 7–1, converting earlier 1-year moratorium. Applies to: All facilities | Permanent | Banned | |
|
St. Charles City Council voted 7–1 to permanently ban data center construction, converting the previous one-year moratorium into a permanent ordinance. The bill defines data centers in the zoning code and prevents permitting or conditional use in any zoning district. Packed public hearings preceded the vote over several months.
|
||||
| Baltimore, MD Local | One-year pause while the city conducts a zoning study. Applies to: New permits | 1 year | Enacted | |
|
Baltimore enacted a one-year pause on new data center permits while the city conducts a zoning study to determine how the use should be regulated.
|
||||
| Apex, NC Local | One-year townwide and ETJ pause after a proposed Old U.S. 1 project was withdrawn. Applies to: Data centers, data processing, and crypto mining | 12 months (through Apr 27, 2027) | Enacted | |
|
Apex Town Council unanimously enacted a 12-month moratorium effective April 28 covering data centers, data-processing facilities, and cryptocurrency mining in town limits and the extraterritorial jurisdiction. The pause followed public opposition to a project near Old U.S. 1 and Sharon Harris Road that the developer later withdrew. Staff and the Environmental Advisory Board will prepare Unified Development Ordinance amendments before April 27, 2027.
|
||||
| El Monte & Baldwin Park, CA Local | Both San Gabriel Valley cities approved yearlong bans on data centers. Applies to: All facilities | 1 year | Banned | |
|
El Monte and Baldwin Park city councils both voted to implement yearlong bans on data centers proposed within their city limits, joining Monterey Park in the San Gabriel Valley’s growing opposition. Monterey Park voters later approved Measure NDC, amending the land use element to permanently prohibit all data centers unless repealed by future voters.
|
||||
| Oklahoma City, OK Local | Immediate moratorium in effect through the end of 2026. Applies to: New permits | Expires Dec. 31, 2026 | Enacted | |
|
The city enacted an immediate moratorium on April 21, 2026, currently set to expire December 31, 2026.
|
||||
| U.S. Congress Federal | No Harm Data Centers Act would give FERC authority over retail rates to data centers and ban NDAs. Applies to: All data centers | Permanent (if enacted) | In committee | |
|
H.R. 8033 (Rep. Landsman, D-OH) would give FERC sole authority to approve rates for the retail sale of electricity to data centers from covered utilities, prohibit cost-shifting to non-data-center customers, and ban predispute nondisclosure agreements related to data center construction. Referred to the House Energy and Commerce Committee.
|
||||
| New Castle County, DE Local | Closed-loop cooling and 1,000-foot residential buffers required; Project Washington grandfathered. Applies to: New applications (pipeline exempt) First in Delaware | Permanent | Enacted | |
|
County Executive Marcus Henry signed New Castle County’s first data-center ordinance on March 18 after a 12–0 council vote. New applications must use closed-loop cooling and keep a 1,000-foot buffer from homes, schools, and day cares (500 feet with a compliant noise study). Projects already in the pipeline, including Starwood’s Project Washington near Delaware City, are exempt unless they opt in.
|
||||
| Lowell, MA Local | First Massachusetts city to enact a data center moratorium. Applies to: All facilities | 360 days | Enacted | |
|
Lowell City Council voted 10–0 for a 360-day moratorium on data center development, the first in Massachusetts. The moratorium preceded Governor Healey’s executive order requiring community approval for 25 MW+ facilities.
|
||||
| U.S. Congress Federal | S. 4214 / H.R. 9442 (Sanders/Ocasio-Cortez) would impose a national moratorium above 20 MW. Applies to: 20 MW+ | Until AI legislation passes | In committee | |
|
S. 4214 and its House companion H.R. 9442, the AI Data Center Moratorium Act, were introduced by Sen. Bernie Sanders (I-VT) and Rep. Alexandria Ocasio-Cortez (D-NY). The bills would impose a federal moratorium on data centers exceeding 20 MW until legislation addressing AI safety, labor impacts, environmental protections, civil rights, and consumer safeguards is enacted. Both bills remain in committee with no action scheduled.
|
||||
| Madison, WI Local | First major Wisconsin city to enact a data center moratorium. Applies to: 10,000+ sq ft | 12 months | Enacted | |
|
Madison enacted a 12-month moratorium on data center facilities over 10,000 sq ft. The city was one of the earliest major cities in the Midwest to act, preceding the surge of moratoriums that followed in 2026.
|
||||
| Vermont, Minnesota & Maryland State | Statewide moratorium bills introduced in all three states. Applies to: Varies | Varies | In committee 2026 session | |
|
Statewide moratorium bills have been introduced in all three states and remain in committee. Vermont’s S.205 would run until 2030; Minnesota’s HF 4888 followed the Minneapolis city moratorium.
|
||||
| Michigan State | Six statewide moratorium bills pending; the governor opposes them. Applies to: Statewide | Not specified | In committee 2026 session | |
|
HB 5594–5596 and SB 1018–1020 are statewide moratorium bills currently in committee. Governor Whitmer opposes them, even as Michigan carries 63 local moratoriums — the most of any state.
|
||||
| Oklahoma State | SB 1488 would impose a statewide construction moratorium through 2029. Applies to: All facilities | Until Nov. 2029 | In committee 2026 session | |
|
SB 1488 would impose a statewide construction moratorium until November 2029. It remains in committee.
|
||||
| Maine State | LD 307 was vetoed by Gov. Mills and the override failed. Applies to: 20 MW+ | 18 months | Vetoed 2026 session | |
|
LD 307 would have imposed an 18-month moratorium on facilities over 20 MW. Governor Mills vetoed the bill and the legislature’s override attempt failed.
|
||||
| Reno, NV Local | Existing moratorium extended into 2027. Applies to: New permits | Into 2027 | Extended 2026 | |
|
Reno extended its existing data center moratorium into 2027.
|
||||
| San Marcos, TX Local | First Texas city to ban data centers outright, using home-rule authority. Applies to: All facilities | Permanent | Banned 2026 | |
|
San Marcos became the first Texas city to ban data centers outright, acting under its home-rule authority. Lockhart and Kerrville have restricted the use in specific zones.
|
||||
| Marshall & Cass Counties, IN Local | Complete permanent bans on new data centers. Applies to: All facilities | Permanent | Banned In force | |
|
Both counties have enacted complete permanent bans on new data centers — the strongest local restrictions in a state that has simultaneously attracted more than $25B in data center investment.
|
||||
| Monterey Park, CA Local | Permanent ban on new data center construction. Applies to: All facilities | Permanent | Banned In force | |
|
Monterey Park has a permanent ban on new data center construction. Several Bay Area jurisdictions have instead imposed conditional use requirements.
|
||||
| Atlanta (Beltline), Palmetto & Fayetteville, GA Local | All three localities prohibit new data center construction. Applies to: All facilities | Permanent | Prohibited In force | |
|
All three Georgia localities have prohibited new data center construction. Atlanta’s prohibition applies to the Beltline overlay district.
|
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Federal Landscape
No federal law currently restricts data center construction, but Congress is closer than ever. Four bills are in play, and the first — the Ratepayer Protection Act — has already cleared a chamber.
H.R. 9340 / S. 5028
Passed House Ratepayer Protection Act
Requires state utility commissions to consider standards ensuring data centers over 100 MW pay full incremental grid-upgrade costs. Passed House 417–3 on Sep 16. Blocked in Senate by Heinrich objection.
S. 5199
In committee GRID Savings Act
Would give FERC mandatory jurisdiction over large-load interconnection. Customers pay directly for interconnection facilities and fund network upgrades upfront. Introduced to counter the Ratepayer Protection Act.
S. 4214 / H.R. 9442
In committee AI Data Center Moratorium Act
Would impose a federal moratorium on data centers exceeding 20 MW until AI safety, labor, environmental, and consumer-protection legislation is enacted.
H.R. 8033
In committee No Harm Data Centers Act
Would give FERC sole authority over retail electricity rates to data centers, prohibit cost-shifting, and ban predispute NDAs related to construction.
The Ratepayer Protection Act passed the House 417–3 on September 16, 2026 — the first data center bill to clear a chamber of Congress. It would require state utility commissions to consider (but not mandate) standards ensuring facilities over 100 MW pay full grid-upgrade costs. When Sen. Husted sought unanimous consent the next day, Sen. Heinrich (D-NM) objected, calling it insufficient because the standards would be voluntary.
Heinrich’s competing GRID Savings Act would hand FERC mandatory jurisdiction over large-load interconnection — a far stronger mechanism. The two bills represent the central tension in Congress: whether to let states set their own rules or impose a federal floor. Neither is expected to pass the Senate before the November midterms.
The most aggressive proposal, the AI Data Center Moratorium Act from Sen. Sanders and Rep. Ocasio-Cortez, would halt all facilities over 20 MW until comprehensive AI legislation is enacted. It has attracted no co-sponsors beyond its authors and has not been scheduled for a hearing.
Governor Executive Orders
Governors in both parties have signed executive orders or directives restricting data center development in 2026. The pace has accelerated sharply: Ohio acted first in May, and four governors signed in September alone. New Hampshire’s governor has signaled a multi-year moratorium for the 2027 budget.
Ohio
R
Gov. DeWine
Directive · May 27
Paused new data center sales-tax exemption requests. Ordered joint committee study of the industry.
Utah
R
Gov. Cox
EO 2026-03 · May 29
Data Center Framework: heightened agency review for water, air quality, ratepayers, and wildlife.
Louisiana
R
Gov. Landry
EO 26-058 · Jun 25
Data centers must fully fund power and infrastructure before receiving state tax incentives.
New York
D
Gov. Hochul
EO 62 · Jul 14
First statewide moratorium. Environmental permits paused for facilities over 50 MW.
Nebraska
R
Gov. Pillen
Exec. Order · Jul 15
Ended ImagiNE Act tax incentives for data centers. Ordered multi-agency impact review.
Texas
R
Gov. Abbott
Directive · Aug 3
Halted all new data center grid connections pending PUCT/ERCOT audit of 474 GW queue.
Kentucky
D
Gov. Beshear
Exec. Order · Aug 6
Directed permit denials for harmful environmental impacts. Bars utility rate increases tied to data center development.
Pennsylvania
D
Gov. Shapiro
EO 2026-05 · Aug 18
GRID Requirements for 25 MW+. Removed fast-track permits. Banned NDAs with communities.
Oregon
D
Gov. Kotek
Directive · Sep 8
Froze all state land for data centers through Jul 2027. Supports statewide moratorium for 2027 legislature.
Massachusetts
D
Gov. Healey
EO 658 · Sep 8
Community approval required before state permits for 25 MW+. Banned agency NDAs. Ratepayer Protection Fund.
Nevada
R
Gov. Lombardo
EO 2026-005 · Sep 16
Full school tax, community commitment, water and grid protections required for tax abatements.
Virginia
D
Gov. Spanberger
EO 22 · Sep 18
Ended by-right zoning for 25 MW+. Banned NDAs. Clean energy mandates. Created AI Task Force.
The approaches vary widely. New York, Texas, and Oregon enacted true moratoriums — pausing permits, grid connections, or state land use. Virginia, Pennsylvania, Massachusetts, and Kentucky created regulatory frameworks that don’t ban construction outright but require developers to clear higher bars on ratepayer protection, community consent, and environmental impact. Ohio, Nebraska, Nevada, and Louisiana focused on rolling back or conditioning tax incentives. Utah took the lightest approach, directing agencies to apply heightened scrutiny without expanding their authority.
A common thread runs through nearly all of them: banning nondisclosure agreements between state agencies and developers. Virginia, Pennsylvania, and Massachusetts all explicitly prohibit them — a response to criticism that past deals were negotiated in secret with no public input. Cost-shifting protections appear in every order, reflecting the concern that grid upgrades for data centers will raise bills for residential ratepayers.
The bipartisan nature of these actions is notable. Republican governors DeWine (OH), Abbott (TX), Pillen (NE), Lombardo (NV), Landry (LA), and Cox (UT) have been just as willing to act as Democrats, suggesting the issue cuts along local-impact lines rather than party lines.
Local Moratoriums
The vast majority of restrictions — over 350 of the 583 currently active — are enacted by cities, counties, and townships. Local action predates and far exceeds state-level responses, and it shows no sign of slowing.
The Pattern
Nearly every local moratorium follows the same arc: a data center project is announced or rumored → residents raise concerns about noise, water, or property values at a public hearing → the council or commission passes a temporary moratorium (typically 6–12 months) to “study the issue” → the moratorium is extended or replaced by permanent zoning restrictions. In some jurisdictions, the moratorium is preemptive — no project has been proposed, but leaders act after watching neighboring communities scramble. West Haven, CT and Woodburn, OR both passed moratoriums with no active applications pending.
Municipal Ban Waves
New Jersey leads the country with 93 municipalities that have outright banned data centers, driven by a grassroots campaign coordinated through the Pinelands Alliance. The bans span all zoning districts — data centers are prohibited as a principal, accessory, or temporary use. The state legislature responded with the Fair Share Act (Jul 7) requiring operators over 50 MW to commit to 85% of projected power costs for a decade, and an energy/water reporting law (Aug 28).
Rhode Island has seen three towns — Smithfield, Charlestown, and Cumberland — enact permanent bans in rapid succession between May and September 2026, with Hopkinton studying a fourth.
County Moratorium Surges
Iowa has 30 local moratoriums, led by Dubuque County (1-year through May 2027) and Dubuque City (6-month hyperscale, Sep 21), plus Linn, Woodbury, and Johnson counties. Nebraska has the fastest county-level adoption rate: 12 counties enacted moratoriums in 2026 alone, from Butler and Box Butte to Seward and Otoe. Georgia has the broadest geographic spread, with 52 jurisdictions restricting development. When Savannah passed a 155-day moratorium in August after OpenAI announced a 3.2 GW campus in neighboring Effingham County, it became the latest in a wave that has swept from metro Atlanta to rural south Georgia.
Big-City Action
Major cities are no longer standing back. Indianapolis enacted a moratorium through 2027 (the largest Indiana city to act). Charlotte passed a 150-day pause that may be extended by nine months. Denver unanimously approved a one-year moratorium with a 20-member working group. Louisville passed its moratorium 24–1 after receiving 3,600+ public comments. Seattle, Spokane, Nashville, Minneapolis, and Oklahoma City have all enacted pauses. Los Angeles County banned AI data centers in unincorporated areas.
Permanent Bans
A growing number of jurisdictions have moved beyond temporary pauses to permanent prohibitions: San Marcos, TX (first Texas city), Monterey Park, CA (voter-approved Measure NDC), Marshall and Cass Counties, IN, Walton and Jackson Counties, FL, Woodford County, KY (first in the state), and the three Rhode Island towns. Atlanta prohibits data centers in the Beltline overlay district. In these places, the question isn’t when the moratorium will expire — it’s whether it will ever be revisited.
State Spotlights
IN
Indiana
More than one-third of all 92 counties have moved to restrict data centers, and Indianapolis enacted a moratorium through 2027 in August 2026 — the largest Indiana city to take action. Marshall and Cass counties have outright bans. The state has simultaneously attracted over $25B in investment from Amazon and Meta.
GA
Georgia
52 counties and cities now have moratoriums or ordinances. Savannah enacted a 155-day moratorium in August 2026 after OpenAI announced a 3.2 GW campus in neighboring Effingham County. Rapid development led communities from DeKalb County to LaGrange to pass restrictions.
OH
Ohio
55 moratoriums tracked, concentrated in townships and small cities. Governor DeWine paused new tax exemptions in May. Cincinnati extended its moratorium, and the Lordstown case is before the Ohio Supreme Court. Several counties have converted pauses into permanent ordinances.
MI
Michigan
63 local moratoriums — the most of any state — alongside six statewide moratorium bills in committee. Governor Whitmer opposes the statewide bills. Augusta Township voters overturned a data center rezoning by roughly 90% in August.
Why Are Communities Restricting Data Centers?
These are the concerns cited most often in the text of moratorium ordinances themselves.
- Grid Strain
- Hyperscale facilities consume 100–500+ MW — equivalent to small cities. Utilities must build costly new infrastructure to serve them.
- Water Use
- Evaporative cooling draws millions of gallons annually. Two-thirds of new campuses are in high water-stress counties.
- Noise
- Generator testing and cooling systems create industrial-level noise near residential areas and schools.
- Land Use Conflicts
- Server farms replace farmland, forests, or planned mixed-use development with windowless industrial buildings.
- Few Permanent Jobs
- A 100 MW facility may employ only 30–50 full-time workers once construction ends.
- Rate Impacts
- Concerns that grid upgrade costs get spread across all ratepayers, raising bills for residents and small businesses.
- Outdated Zoning
- Existing codes don’t define data centers as a distinct land use, creating regulatory gaps.
The other side
Industry Counterpoint
Industry advocates argue that moratoriums push investment to other states, that data centers generate significant tax revenue (Virginia data centers contribute over $500M in annual property taxes), and that modern facilities are far less impactful than often assumed — especially those using closed-loop cooling, on-site renewable generation, and zero-water-evaporation designs. Amazon’s Indiana project alone is expected to save local households $1 billion over 15 years. For more on how data center growth is reshaping power markets, see electricity rates by state and our data center electricity costs guide.
Common Claims, Fact-Checked
Rates, water, jobs, property values — what the evidence says. →
Frequently Asked Questions
How We Track Restrictions
Counts include moratoriums, permanent bans, zoning restrictions, and executive orders currently in effect, as of November 4, 2026.
Counts are compiled from state legislature bill records, county and municipal ordinance filings, planning commission agendas, and regional press coverage, then reconciled monthly. A single jurisdiction is counted once even where it has passed multiple successive extensions. Because moratoriums are frequently extended, amended, or allowed to lapse without public notice, treat these figures as a floor rather than a precise census.
