Data Center Moratoriums
As AI-driven demand pushes data center construction to record levels, communities and governors are responding. We track 506 active restrictions across 46 states.
506
Active restrictions
46
States
12
Governor executive orders
24
States with pending bills
Counts include moratoriums, permanent bans, zoning restrictions, and executive orders currently in effect. Figures as of October 6, 2026.
Moratoriums by State
506 restrictions are currently active across 46 states. New Jersey leads with 93 (93 municipal bans), followed by Michigan (63), Ohio (55), and North Carolina (52). Twelve governors have issued executive orders or directives, and the Ratepayer Protection Act passed the U.S. House 417–3 in September. Scan the table below to see what is restricted where.
| #▲ | State▲ | Tracked▲ | What is restricted |
|---|---|---|---|
| 1 | New Jersey | 93 | 93 municipalities have banned data centers (per Gothamist/SAVRN count, Sep 2026). Fair Share Act signed July 7. Energy/water reporting law signed Aug 28. Bayonne, Cherry Hill, Medford, Millville, Monroe Twp among recent bans. |
| 2 | Michigan | 63 | 63 local moratoriums — the most of any state — mostly townships. Flint 12-month (Jun 2026). Lansing 182-day. Ypsilanti emergency. Augusta Twp voters overturned DC rezoning 90% (Aug 4). HB 5594–5596 statewide bills in committee. Gov. Whitmer opposes. |
| 3 | North Carolina | 56 | 14 counties and 25+ municipalities with enacted moratoriums. Charlotte 150-day moratorium (Jun 8, extension hearing Oct 12). Durham City & County moratoriums through May 2027. Greensboro 180-day moratorium (Aug 18). Statesville 180-day (Sep 14). Waxhaw 12-month (Aug 11). Cary 18-month (Aug 27). Apex 12-month (Apr 28). Holly Springs 12-month (Jun 16). Beaufort County 1-year (Oct 5). Raleigh 6-month (hearing Oct 6). Guilford County hearing Oct 15. H 1189 (2-year statewide 100 MW+) in committee. |
| 4 | Ohio | 55 | 55 enacted moratoriums across townships and cities. Gov. DeWine paused new tax exemption requests (May 2026). Cincinnati extended through end of 2026. Cleveland 3-month (Jul 15). Lordstown challenged in Ohio Supreme Court. SB 646 (DC rate class) passed House, recommitted in Senate. Multiple counties with permanent ordinances. |
| 5 | Georgia | 42 | 42 local moratoriums and zoning restrictions tracked (35 in force). Savannah 155-day pause (Aug 2026). Cherokee, Chatham, Paulding, Bulloch, Cobb counties among recent additions. Atlanta prohibited near BeltLine/MARTA. Fayetteville banned outright. 8 state-level bills (all failed or pending). |
| 6 | Florida | 38 | 38 local measures tracked (24 in force). HB 7031 sales-tax rollback and SB 484 rate/water/local-authority law both in force. Walton County and Jackson County permanent bans. Marion County 12-month moratorium. Levy County moratorium through Sep 2027. Lakeland 1-year pause. Palm Beach County froze applications. Orange, Duval, Hillsborough counties among restrictions. |
| 7 | Iowa | 30 | 30 local moratoriums across central and eastern Iowa. Dubuque City 6-month hyperscale (Sep 21). Dubuque County 1-year (Jul 6). Linn County 18-month. Woodbury County 12-month. Johnson County through Nov 2026. Madison, Plymouth, Sioux counties. |
| 8 | Tennessee | 26 | 26 local moratoriums. Nashville through Dec 1, 2026 plus ban on facilities over 500,000 sq ft; DC BLOX federal lawsuit. Knoxville emergency 1-year, 10 MW+ (Jul 8). Knox County through Jun 2027. Anderson County 2-year. Cedar Hill 2-year. Coffee County 1-year. HB 1847 cost-responsibility law signed. |
| 9 | Indiana | 25 | Roughly one-third of all 92 counties restrict data centers. Indianapolis moratorium through 2027 (Aug 19). Marshall County permanent ban (Apr 20). Cass County ban. Boone County 1-year through Jun 2027. Grant County 24-month. Fulton, Madison, Putnam, Starke, White, Dearborn counties. |
| 10 | Washington | 20 | 20 moratoriums including earlier Columbia Basin pauses. Seattle emergency 1-year, 20 MVA+ (Jun 9). Spokane 1-year (Jun 22). Spokane County 4-month (Aug 19). Snohomish County emergency 6-month (Jun 24). Skagit County 6-month. ESSB 6231 phases out sales-tax exemption. |
| 11 | Kentucky | 18 | Woodford County first permanent ban in state (Sep 2026). Louisville Metro 6-month, 24–1 (Aug 2026). Lexington-Fayette through Oct 31. Bell County 2-year. Allen County 24-month. Nicholasville 6-month. Oldham County 150-day. Daviess County 12-month. Gov. Beshear EO directing permit denials for harmful impacts. |
| 12 | Wisconsin | 18 | 18 local moratoriums. Madison 12-month (Jan 2026). Superior 1-year (Jun 16). Manitowoc County 18-month (Apr 29). Oshkosh 1-year (Sep 2026). Bellevue, Cottage Grove, Greenville, Wrightstown 12-month. Wrightstown voters rejected DC by referendum (Aug 11). DeForest rejected $12B QTS project. |
| 13 | California | 16 | LA County temporary ban on AI data centers (Sep 2026). Mendocino County 45-day ban (Sep 2026). Gilroy & Morgan Hill 45-day moratoriums (Sep/Aug 2026). El Monte & Baldwin Park 1-year bans. Monterey Park permanent ban (voter-approved Measure NDC). SB 886 tariff bill in Assembly. |
| 14 | Maryland | 16 | 13 of 24 counties have moratoriums. Montgomery County 18-month (Jul 28). Prince George’s County 2-year. Baltimore City 1-year. Baltimore County 1-year (Feb 2026). Howard County 17-month. Harford County permanent ban, first in state (Jun 2026). Calvert, Carroll, Caroline, Worcester, Queen Anne’s, Wicomico counties. |
| 15 | Nebraska | 13 | Gov. Pillen EO ended ImagiNE Act tax incentives for data centers (Jul 2026). 12 county moratoriums: Butler, Box Butte, Custer, Dundy, Furnas, Hayes, Harlan, Johnson, Kearney, Logan, Otoe, Seward. LB663 tightened permit timelines. |
| 16 | Illinois | 11 | Lawrence County 2-year (Sep 2026). Champaign County 12-month (Apr 23). Bloomington 6-month. Normal 6-month. Effingham 12-month. West Chicago 180-day. Carbondale 1-year. Godfrey extended through Jan 2027. Mattoon 1-year auto-renewing (Sep 1). Chicago O2026-0028856 moratorium ordinance in Rules Committee (Sep 23). Tax incentives paused July 1. |
| 17 | New York | 10 | First statewide moratorium: EO 62 signed July 14 (50 MW+). 5+ local moratoriums including Tonawanda, Mohawk, East Greenbush, Clay. |
| 18 | Missouri | 9 | St. Charles City permanent ban (May 19). Jackson County 180-day. St. Charles County 6-month. St. Peters, Camdenton, Neosho 1-year. Webster County 6-month. Springfield 120-day. Peculiar removed DCs from zoning code. |
| 19 | Colorado | 8 | Denver 1-year moratorium (May 2026). Broomfield 18-month pause (July 2026). Commerce City 6-month (Sep 21). Additional Front Range restrictions. |
| 20 | Kansas | 8 | 8 moratoriums in rural western Kansas counties. |
| 21 | South Carolina | 8 | 5 county moratoriums: Spartanburg (1 year), Greenwood (12 months), Chesterfield, Newberry, Colleton (6 months). H 5286 statewide moratorium bill pending. |
| 22 | Arkansas | 7 | Benton County moratorium through Feb 2027. Carroll County 12-month moratorium (Jun 2026). Independence County 5-year moratorium through Aug 2031. Madison County 3-year moratorium. Russellville 6-month pause. Union County 1-year pause. |
| 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. Hillsboro 120-day moratorium (Jul 2026). Woodburn 120-day moratorium (Sep 14). Salem 120-day moratorium (Sep 21, through Jan 19, 2027). HB 4084 paused tax incentives (Jun 2026). |
| 25 | Pennsylvania | 7 | Gov. Shapiro EO 2026-05: GRID Requirements for 25 MW+, bars fast-track permits (Aug 18). Gregg Twp 180-day moratorium (Aug 2026). HB 2496 (municipal pause authority) passed House 201-1. |
| 26 | Texas | 7 | Gov. Abbott halted grid connections (Aug 3) and TCEQ environmental permits (Sep 21) pending audits. San Marcos first TX city to ban. Fort Worth 90-day pause (Aug 11). Hill County moratorium rescinded after developer lawsuit. Lockhart & Kerrville restricting zones. |
| 27 | Alabama | 6 | 6 city moratoriums: Leeds, Homewood, Springville, Chelsea, Westover. Birmingham adopted zoning. SB 270 (PSC review) pending. |
| 28 | Arizona | 4 | Tax incentives paused June 13. Pima County 120-day moratorium (Sep 22), first local pause in the state. Tucson ended by-right siting for 20 MW+ / 25,000 sq ft (Aug 5). Hualapai Tribe barred hyperscale facilities on reservation land (Sep). |
| 29 | Connecticut | 4 | Groton permanent 12,500 sq ft cap (2023, replaced 2022 moratorium). Morris 2-year moratorium (May 2026). West Haven 1-year moratorium (Jun 2026). Trumbull 2-year emergency freeze on new facilities (Sep 9). New Haven considering 12-month pause. SB 245 (repeal tax incentives) failed. |
| 30 | Massachusetts | 4 | Gov. Healey EO 658: requires community approval before state permits for 25 MW+ (Sep 8). Tax incentives suspended Jun 2026. Greenfield 1-year moratorium (Sep 2026). Mansfield ban. |
| 31 | Minnesota | 4 | Minneapolis moratorium approved June 25. HF 4888 statewide bill in committee. |
| 32 | Nevada | 4 | Gov. Lombardo EO 2026-005 (Sep 16): full school tax, community commitment, water/grid protections required. Reno moratorium extended into 2027. |
| 33 | New Mexico | 4 | Rio Communities 18-month moratorium. Colfax County moratorium. Two additional local pauses. Statewide moratorium proposed for 2027 legislative session. Gubernatorial candidate Haaland pledged Day 1 executive order. |
| 34 | 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. Box Elder County 180-day (Jun 10). Cache County 180-day (6–0). Heightened review bar, not a ban. |
| 35 | Virginia | 4 | Gov. Spanberger EO 22: eliminates by-right for 25 MW+, NDA ban, clean energy mandates (Sep 18). $0.011/kWh tax enacted. Loudoun County ended by-right zoning. 60+ bills. |
| 36 | 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. Kent County confined data centers to two industrial zones (Jul 21). SB 353 statewide moratorium through Jan 2027 stalled after a failed Senate rules vote. |
| 37 | Louisiana | 3 | Gov. Landry EO 26-058 (Jun 25): requires data centers to fully fund power/infrastructure before receiving state tax incentives. New Orleans 1-year interim zoning district (Jan 2026). HB 827 (Act 730) DC incentive law in force since 2024. |
| 38 | New Hampshire | 3 | Nottingham 12-month moratorium approved 1,335–143 (Sep 9). Rochester zoning bars data centers in all but one district (Sep 2026). Bow planning board proposed moratorium. Gov. Ayotte plans statewide multi-year moratorium for 2027 budget. |
| 39 | Oklahoma | 3 | Oklahoma City immediate moratorium (April 2026). SB 1488 statewide bill in committee. HB 2992 ratepayer protection signed. |
| 40 | Rhode Island | 3 | Smithfield permanent ban (May 5). Charlestown permanent ban & BESS ban (Aug 12). Cumberland permanent ban (Sep 16). Hopkinton studying a ban. |
| 41 | Idaho | 2 | Bannock County 180-day emergency moratorium through Jan 26, 2027 (Jul 30), first pause in the state. Kootenai County replaced a 2025 emergency moratorium with a permanent Commercial-zone and Rathdrum Prairie Aquifer ban; CUP-only in industrial zones. |
| 42 | Maine | 2 | LD 307 statewide moratorium vetoed by Gov. Mills. LD 713 excluded DCs from tax incentives (signed). Bangor extended its local 180-day freeze on Sep 29 (now through ~Apr 2027). |
| 43 | Mississippi | 1 | Jackson 183-day moratorium (Jul 14, 2026), first in the state. Took effect 30 days later. |
| 44 | Montana | 1 | Missoula County 1-year moratorium (Jul 9, 2026). Excludes city of Missoula, where data centers are not allowed under the new zoning code. |
| 45 | South Dakota | 1 | SB 135/HB 1038 enacted — disclosure & cost-allocation. SB 232 statewide moratorium tabled. |
| 46 | Vermont | 1 | S.205 moratorium until 2030 — in committee. |
Regulatory Actions & Restrictions
New York became the first state to enact a statewide moratorium in July 2026. Since then, eleven more 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. Every moratorium, ban, and restriction we track is listed below — filter by level or expand any row for detail.
| Jurisdiction | Level | Applies to | Duration | Status | Date | Detail |
|---|---|---|---|---|---|---|
| Beaufort County, NC | Local | All new applications | 12 months | Enacted | Oct 5, 2026 | |
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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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| Pima County, AZ | Local | New facilities (no permit yet submitted) | 120 days | Enacted | Sep 22, 2026 | |
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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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| Commerce City, CO | Local | All data-center development | 6 months | Enacted | Sep 21, 2026 | |
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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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| Salem, OR | Local | Primary-use DCs; accessory 2 MW+ with PUE > 1.5 | 120 days (through Jan 19, 2027) | Enacted | Sep 21, 2026 | |
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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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| Hualapai Reservation, AZ | Local | Hyperscale on tribal land | Permanent | Banned | Sep 14, 2026 | |
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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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| Trumbull, CT | Local | New facilities only (existing site exempt) | 2 years | Enacted | Sep 9, 2026 | |
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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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| Mattoon, IL | Local | New facilities over 21,780 sq ft | 12 months, auto-renews annually | Enacted | Sep 1, 2026 | |
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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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| Bangor, ME | Local | New data-center development | 180-day extension (through ~Apr 2027) | Extended | Sep 29, 2026 | |
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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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| Cary, NC | Local | Large data centers and crypto mining (1 MW+) | 18 months (through Feb 2028) | Enacted | Aug 27, 2026 | |
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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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| Tucson, AZ | Local | 25,000 sq ft or 20 MW+ | Permanent | Enacted | Aug 5, 2026 | |
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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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| Bannock County, ID | Local | New applications (unincorporated only) | 180 days (through Jan 26, 2027) | Enacted | Jul 30, 2026 | |
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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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| Kent County, DE | Local | New facilities (IL/IG industrial only) | Permanent | Enacted | Jul 21, 2026 | |
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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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| Holly Springs, NC | Local | Data centers, data processing, and crypto mining | 12 months (through Jun 16, 2027) | Enacted | Jun 16, 2026 | |
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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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| Americus, GA | Local | All facilities | 30 days | Enacted | Sep 24, 2026 | |
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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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| Apex, NC | Local | Data centers, data processing, and crypto mining | 12 months (through Apr 27, 2027) | Enacted | Apr 28, 2026 | |
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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.
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| New Castle County, DE | Local | New applications (pipeline exempt) | Permanent | Enacted | Mar 18, 2026 | |
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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.
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| Federal | Federal | DOE siting guidance (all data centers) | Permanent (if enacted) | In committee | Sep 8, 2026 | |
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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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| California | State | All data centers | Permanent | Signed | Sep 21, 2026 | |
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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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| Texas (TCEQ) | State | All environmental permits | Until audits complete | Enacted | Sep 21, 2026 | |
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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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| Dubuque City, IA | Local | Hyperscale (75 MW+ or 100K+ sq ft) | 6 months | Enacted | Sep 21, 2026 | |
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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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| Richmond, CA | Local | All facilities | 45 days (extendable to 2 years) | Enacted | Sep 15, 2026 | |
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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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| Chatham County, GA | Local | 10 MW+ | 155 days | Enacted | Sep 11, 2026 | |
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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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| Ohio | State | Tax exemption applicants | Ongoing | Enacted | May 27, 2026 | |
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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.
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| North Carolina | State | Certified data centers | Permanent | Signed | Jul 7, 2026 | |
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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.
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| Cherokee Nation, OK | Local | Hyperscale on tribal/trust lands | Permanent | Banned | Aug 10, 2026 | |
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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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| Montgomery County, MD | Local | All facilities | 18 months | Enacted | Jul 28, 2026 | |
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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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| St. Charles, MO | Local | All facilities | Permanent | Banned | May 19, 2026 | |
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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.
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| Greensboro, NC | Local | 10 MW+ | 180 days | Enacted | Aug 18, 2026 | |
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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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| Asheville, NC | Local | All facilities | 1 year | Enacted | Jun 23, 2026 | |
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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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| Knoxville & Knox County, TN | Local | 10 MW+ | 1 year | Enacted | Jul 8, 2026 | |
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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.
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| Fort Worth, TX | Local | New applications | 90 days | Enacted | Aug 11, 2026 | |
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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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| Snohomish County, WA | Local | All facilities | 6 months | Enacted | Jun 24, 2026 | |
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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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| Dubuque County, IA | Local | All scales | 1 year | Enacted | Jul 6, 2026 | |
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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.
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| Madison, WI | Local | 10,000+ sq ft | 12 months | Enacted | Jan 13, 2026 | |
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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.
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| Nye County, NV | Local | Pahrump Valley / Basin 162 | Permanent | Banned | Aug 18–19, 2026 | |
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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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| Lowell, MA | Local | All facilities | 360 days | Enacted | Mar 10, 2026 | |
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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.
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| Harford County, MD | Local | All zoning districts | Permanent | Banned | Jun 2026 | |
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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.
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| Federal | Federal | 100 MW+ | Permanent (if enacted) | Passed House | Sep 16, 2026 | |
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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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| Federal | Federal | 150 MW+ | Permanent (if enacted) | In committee | Jul 30, 2026 | |
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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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| Federal | Federal | All data centers | Permanent (if enacted) | In committee | Mar 20, 2026 | |
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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.
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| Nevada | State | Tax abatement applicants | Ongoing | Enacted | Sep 16, 2026 | |
|
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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| Oregon | State | State-owned land | Through Jul 1, 2027 | Enacted | Sep 8, 2026 | |
|
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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| Nottingham, NH | Local | All facilities | 12 months | Enacted | Sep 9, 2026 | |
|
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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| Rochester, NH | Local | All districts except Recycling Industrial | Permanent | Enacted | Sep 2026 | |
|
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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| Statesville, NC | Local | All facilities | 180 days | Enacted | Sep 14, 2026 | |
|
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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| Woodburn, OR | Local | All facilities | 120 days | Enacted | Sep 14, 2026 | |
|
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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| Cumberland, RI | Local | All facilities | Permanent | Banned | Sep 16, 2026 | |
|
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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| Levy County, FL | Local | 50 MW+ | Through Sep 30, 2027 | Enacted | Sep 8, 2026 | |
|
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 | All facilities | 45 days (extendable to 2 years) | Enacted | Sep 1, 2026 | |
|
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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| Morgan Hill, CA | Local | All facilities | 45 days (extendable to 2 years) | Enacted | Aug 26, 2026 | |
|
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.
|
||||||
| Virginia | State | 25 MW+ | Ongoing | Enacted | Sep 18, 2026 | |
|
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 | AI data centers | Until zoning amended | Banned | Sep 17, 2026 | |
|
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 | All facilities | 1 year | Enacted | Sep 17, 2026 | |
|
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 | All facilities | 1 year (extendable 180 days) | Enacted | Sep 17, 2026 | |
|
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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| Lawrence County, IL | Local | 10,000+ sq ft | 2 years | Enacted | Sep 16, 2026 | |
|
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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| Marion County, FL | Local | 50 MW+ | 12 months | Enacted | Sep 15, 2026 | |
|
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.
|
||||||
| Gilroy, CA | Local | All facilities | 45 days (extendable to 2 years) | Enacted | Sep 14, 2026 | |
|
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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| Woodford County, KY | Local | All facilities | Permanent | Banned | Sep 8, 2026 | |
|
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.
|
||||||
| Massachusetts | State | 25 MW+ | Ongoing | Enacted | Sep 8, 2026 | |
|
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.
|
||||||
| Pennsylvania | State | 25 MW+ | Ongoing | Enacted | Aug 18, 2026 | |
|
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 | All new proposals | 6 months | Enacted | Aug 14, 2026 | |
|
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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| Kentucky | State | All facilities | Ongoing | Enacted | Aug 6, 2026 | |
|
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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| Spartanburg & Greenwood Counties, SC | Local | New development | 1 year | Enacted | Jun 2026 | |
|
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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| El Monte & Baldwin Park, CA | Local | All facilities | 1 year | Banned | Apr 2026 | |
|
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.
|
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| Savannah, GA | Local | 10 MW+ | 155 days | Enacted | Aug 27, 2026 | |
|
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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| Gregg Twp (Union Co.), PA | Local | New applications | 180 days | Enacted | Aug 20, 2026 | |
|
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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| Washington County, FL | Local | New applications | 1 year | Enacted | Aug 20, 2026 | |
|
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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| Indianapolis (Marion Co.), IN | Local | All new approvals | Through Dec 31, 2027 | Enacted | Aug 19, 2026 | |
|
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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| Westover, AL | Local | All facilities | 6 months | Enacted | Aug 18, 2026 | |
|
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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| Ypsilanti Twp, MI | Local | High-energy uses | 180 days | Enacted | Aug 18, 2026 | |
|
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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| Town of Tonawanda, NY | Local | 20 MW+ | 1 year | Enacted | Aug 4, 2026 | |
|
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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| Texas | State | All new grid connections | Until audit complete | Enacted | Aug 3, 2026 | |
|
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.
|
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| Lakeland, FL | Local | New applications | 1 year | Enacted | Aug 3, 2026 | |
|
Lakeland approved a one-year pause on new data center applications, the latest Florida locality to restrict development alongside Palm Beach and Sarasota counties.
|
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| Nashville, TN | Local | New construction | Through Dec 1, 2026 | Enacted | Jul 29, 2026 | |
|
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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| New York | State | 50 MW+ | Until GEIS complete (~1 year) | Enacted | Jul 14, 2026 | |
|
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.
|
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| New Jersey | State | 50 MW+ | 10-year commitment | Signed | Jul 7, 2026 | |
|
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.
|
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| Nebraska | State | Tax incentives | Ongoing | Enacted | Jul 15, 2026 | |
|
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.
|
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| Illinois | State | Tax incentives | Indefinite | Effective | Jul 1, 2026 | |
|
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.
|
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| Virginia | State | Large load | Ongoing | Tax enacted | Jun 30, 2026 | |
|
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.
|
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| Louisiana | State | Incentive applicants | Ongoing | Enacted | Jun 25, 2026 | |
|
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.
|
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| Jackson County, FL | Local | All facilities | Permanent | Banned | Jun 23, 2026 | |
|
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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| Walton County, FL | Local | All data centers & 50 MW+ loads | Permanent | Banned | Jun 10, 2026 | |
|
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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| Arizona | State | Tax incentives | Indefinite | Enacted | Jun 13, 2026 | |
|
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.
|
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| West Haven, CT | Local | All facilities | 1 year | Enacted | Jun 2026 | |
|
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 | All facilities | 150 days (extension pending) | Enacted | Jun 8, 2026 | |
|
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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| Utah | State | All large facilities | Ongoing | Enacted | May 29, 2026 | |
|
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.
|
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| Morris, CT | Local | Data centers and battery storage | 2 years | Enacted | May 2026 | |
|
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.
|
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| Federal | Federal | 20 MW+ | Until AI legislation passes | In committee | Mar 2026 | |
|
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.
|
||||||
| Maine | State | 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.
|
||||||
| Oklahoma | State | All facilities | Until Nov. 2029 | In committee | 2026 session | |
|
SB 1488 would impose a statewide construction moratorium until November 2029. It remains in committee.
|
||||||
| Michigan | State | 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.
|
||||||
| Vermont, Minnesota & Maryland | State | 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.
|
||||||
| Plainfield, NJ | Local | All zones | Permanent | Banned | Aug 10, 2026 | |
|
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.
|
||||||
| Palm Beach County, FL | Local | Countywide | While drafting rules | Enacted | July 2026 | |
|
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.
|
||||||
| Prince George’s County, MD | Local | Hyperscale | 2 years | Enacted | Jul 7, 2026 | |
|
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 | New permits | 18 months | Enacted | Jul 7, 2026 | |
|
Broomfield enacted an 18-month pause on new data center permits, joining several Front Range jurisdictions reviewing their zoning codes.
|
||||||
| Minneapolis, MN | Local | New construction | Not specified | Enacted | Jun 25, 2026 | |
|
The city council gave final approval to a moratorium on new data center construction on June 25, 2026. A statewide bill (HF 4888) followed.
|
||||||
| Hillsboro, OR | Local | New applications | 120 days | Enacted | Jul 27, 2026 | |
|
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.
|
||||||
| Seattle & Spokane, WA | Local | New permits | 1 year | Enacted | June 2026 | |
|
Seattle and Spokane both enacted one-year pauses on new data center permits. Separately, Grant County PUD has waitlisted new large-load connections.
|
||||||
| Denver, CO | Local | New permits | 1 year | Enacted | May 21, 2026 | |
|
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.
|
||||||
| Baltimore, MD | Local | New permits | 1 year | Enacted | May 12, 2026 | |
|
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.
|
||||||
| Oklahoma City, OK | Local | New permits | Expires Dec. 31, 2026 | Enacted | Apr 21, 2026 | |
|
The city enacted an immediate moratorium on April 21, 2026, currently set to expire December 31, 2026.
|
||||||
| Reno, NV | Local | New permits | Into 2027 | Extended | 2026 | |
|
Reno extended its existing data center moratorium into 2027.
|
||||||
| San Marcos, TX | Local | 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 | 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 | 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 facilities | Permanent | Prohibited | In force | |
|
All three Georgia localities have prohibited new data center construction. Atlanta’s prohibition applies to the Beltline overlay district.
|
||||||
No restrictions tracked at that level of government.
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
Twelve governors have signed executive orders or directives restricting data center development in 2026 — six Democrats and six Republicans. The pace has accelerated sharply: Utah acted first in May, and six 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 506 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.
Worried about data centers raising your bill?
Rate impacts are one of the most cited reasons for these restrictions. If your state allows energy choice, you can lock a rate rather than ride out utility increases.
Frequently Asked Questions
How we track this
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.
