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Florida counties cite state law on local control as data center moratoriums spread

Credited to Rackline · Claire Fontaine · mymanatee.org

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Photograph · Rackline · Claire Fontaine

A Florida county has stopped taking applications for data centers and other big power users for a year, pointing to a new state law that confirms counties' control over where such projects go. The law creates no moratorium. But Manatee County's use of it, echoed in drafts elsewhere in Florida, shows local pauses on data center development becoming a standard planning tool.

The Manatee County Board of County Commissioners adopted Ordinance 26-42 on Oct. 8 after its second and final public hearing. It halts the "submission and acceptance of applications" for building permits, site plans, development orders, development agreements, special permit uses, rezonings and comprehensive plan amendments related to "data centers, large-scale data centers and other large load customers" in unincorporated Manatee County. It runs 12 months or until the board repeals it, and the board can extend it.

The reach is the point. The board's July 28 motion, as the county's business impact estimate describes it, covered "data centers and other large-load customers or facilities with substantial electrical, water, wastewater, or other utility demands." "The moratorium does not mean data centers have been permanently prohibited in Manatee County," the county said.

Manatee cited Chapter 2026-65, Laws of Florida, signed May 7 as Senate Bill 484. It says data centers and other large load customers "may present unique planning, infrastructure, and compatibility considerations" for local planning rules to address, and that local governments "shall maintain the authority" they already hold over such customers. It never mentions a moratorium. Manatee's ordinance rests on the county's home-rule powers and cites the law as confirming them.

Two provisions do give local zoning more weight. A large load customer, 50 megawatts or more at one site, "may not be considered an electric substation" under state siting law, which makes substations a permitted use in almost every zoning district. And state water regulators may not issue a water-use permit to a large-scale data center if the use is "prohibited by the applicable local government zoning regulations and comprehensive plan." Utilities also had to file large-load tariffs by Oct. 1 designed to make each such customer bear "its own full cost of service."

Others are borrowing the language. St. Johns County, near Jacksonville, put on its Oct. 6 agenda the first presentation of an ordinance freezing discretionary approvals for data center projects of 5 MW and up for about a year. The draft says it is "adopted for planning purposes in response to Chapter 2026-65." The county had scheduled a public hearing for Oct. 20, but the item is not on the board's posted agenda for that meeting. Panama City adopted Ordinance 3313, a one-year pause on large-scale data centers, on Sept. 22. Its findings say the law "expressly recognizes and preserves local government authority."

Outside Florida, the pauses that matter most to investors reach real projects.

In Salem, Ore., the city council adopted Resolution 2026-40 on Sept. 21 by a 7-0 vote, with two councilors absent. It bars the "construction and development" of data centers until Jan. 19, 2027, unless extended. It covers every data center that is a primary use and any accessory data center with more than 2 MW of capacity and a power usage effectiveness above 1.5. It lands on Verrus, whose subsidiary filed a land-use application on July 31 for Oakline at Mill Creek. The city, which puts the investment at more than $5 billion, deemed the application incomplete on Aug. 28. The city chose a pause, its findings say, because new rules "would likely not apply to pending applications."

In Gilroy, Calif., the council unanimously approved on Sept. 14 a 45-day urgency ordinance, extendable to two years, that stops the city from accepting, processing or approving applications for new data centers. The city has a pre-application from Amazon "for a possible second facility," and any formal application would fall under the moratorium. Amazon's data center already under construction in northeast Gilroy is not affected. On Monday, Oct. 19, the council considers extending the pause by 10 months and 15 days, through Sept. 3, 2027.

In Thornton, Colo., the city council voted 5-3 on Sept. 22 to pass on second reading an ordinance pausing the "submission, acceptance, processing, or approval" of applications for new or expanding data centers.

States are moving too. New York Gov. Kathy Hochul's Executive Order 62, signed July 14, holds in abeyance applications for discretionary state environmental permits for data centers of 50 MW or more until the Department of Public Service finishes a statewide environmental impact statement. It sets no end date and doesn't reach local permits. On Sept. 17 the Public Service Commission, in Case 26-E-0045, ruled that the statement is required and released its draft scope for comment by next Tuesday, Oct. 20.

In New Jersey, two bills have been introduced; neither has passed. S4659, introduced Oct. 1, would bar construction and state or local permits for data centers with 25 MW or more of computing load until 90 days after a state environmental study due within 15 months. A5482, introduced Sept. 14, would stop approvals, subsidies and tax incentives for artificial intelligence data centers over 10 MW for six months. Texas Gov. Greg Abbott's Sept. 21 order halting state environmental permits for data centers is a separate development.

Each local pause is temporary and framed as a step toward rules, not a ban. The form matters for developers. A pause on accepting applications, as in Manatee, Gilroy and Thornton, stops a project before it enters the queue; Salem's targets construction and development, catching a project already in the pipeline. And a year spent rewriting a land code can easily stretch once the new rules must be adopted.

Source · mymanatee.org

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