Opposition to data center development has intensified across the U.S.

A fast-growing number of states and local governments have passed or are debating moratoriums on new data center construction. This wave of data center bans spreading across the country threatens to further impede an industry already struggling to secure enough land and power to meet surging demand. 

Bisnow/Jon Banister

Virginia data center opponents protest outside an industry event in 2023.

Data centers have emerged as a major policy concern at the state, local and federal levels. Large-scale projects routinely face heated community opposition due to resident fears about environmental impacts and local quality of life, while broader concerns about these facilities’ massive power consumption generate national headlines. 

These concerns, combined with anxiety about the consequences of the artificial intelligence technologies they enable, have led data centers to become deeply unpopular. Opposition to data centers is proving to be a fruitful position for politicians across the political spectrum and at every level of government.

Over the past three years, efforts to manage or restrict data center development in the industry’s major hubs have risen steadily, but in recent months, many efforts have emerged to impose moratoriums that would pause data center development altogether. These initiatives are gaining traction in hyperscale development hotbeds and locations that draw little interest from data center builders. 

In Congress, Democratic lawmakers Bernie Sanders and Alexandria Ocasio-Cortez unveiled a data center moratorium bill in March. While it faces long odds of becoming law, similar bills at the state level are inching closer to becoming reality. 

Since the start of this year, 14 different states have considered moratoriums on new data center construction. This month, the New York Legislature passed a bill pausing all new data center development for a year. Should Gov. Kathy Hochul sign it into law, New York will become the first state to have a data center moratorium go into effect. 

New York’s potential moratorium comes on the heels of the Maine Legislature passing a similar data center pause, which was vetoed by Gov. Janet Mills in April.

Most state-level moratorium bills propose pausing data center construction for between one and three years while studies are conducted on the facilities’ environmental and economic impacts. Some outliers, like Vermont, have proposed longer bans. The bills generally focus only on pausing the construction of new data centers, although a Wisconsin bill would also halt ongoing operations at existing data centers.

Meanwhile, dozens of county and municipal governments across the U.S. have been passing their own data center bans. Some of these moratoriums have come in areas inundated by large-scale data center projects, like DeKalb County, Georgia, or communities where a proposed data center project proved deeply unpopular, such as in Normal, Illinois. Some towns, like Mansfield, Massachusetts, have passed bans despite drawing no interest from data center developers. 

For many in the data center sector, the political peril facing the industry presents the greatest challenge constraining its growth. Companies are bracing for the possibility that an industry already strapped for developable land may soon find that its options are even more limited.

Below is a list of state and local data center moratoriums that have been proposed this year.

State Moratoriums

New York

Earlier this month, the New York Legislature passed a one-year moratorium on siting, construction or commencement of operations of data centers 20 megawatts and larger. The bill requires the governor’s signature to become law, and it remains unclear whether she plans to sign or veto it.

The bill initially called for a three-year moratorium on new data center development before being amended to just one. It also requires the state’s Public Service Commission to draft new rules regulating data center power consumption. And it mandates an extensive environmental impact report from the Department of Environmental Conservation that would include regulatory and legislative policy recommendations and measure the water and power consumption of data centers already operating in the state. 

Maine

In April, Maine became the first state to have a data center moratorium pass its legislature, with lawmakers approving a bill pausing the development of new data centers in the state larger than 20 MW until November 2027. The governor then vetoed the bill.

Still, a similar bill could be coming in the near future. Despite her veto, Mills has said she supports a temporary pause on new data center construction and would have signed the bill if it had included an exemption for a specific data center project already underway in the state. 

Virginia

A torrent of data center legislation has advanced in the industry’s largest hub, with more than 60 bills introduced in the most recent legislative session aiming to manage its growth across the commonwealth. One of these bills — introduced by Del. Irene Shin, a Democrat representing Fairfax County — aims to implement a moratorium on all new data centers 1 MW or larger. This pause would last until July 2028 or until all data center grid interconnection requests are fulfilled. The bill remains in committee and was pushed into the next legislative session. 

Maryland

In January, Del. Mark Fisher, a Republican, introduced an emergency bill into the Maryland House of Delegates imposing a ban on data center construction and planning of data centers 100 MW and larger. The bill is in committee. 

Vermont

A bill introduced in January by a group of lawmakers in the Vermont General Assembly aims to implement a moratorium on the siting and construction of new data centers until 2030. During that time, the bill requires the state’s Public Utility Commission to report on how data centers impact Vermont’s natural resources and economy. The bill remains in committee. 

Oklahoma

Oklahoma lawmakers are considering a bill from Republican Sen. Kendal Sacchieri to create a moratorium on data center construction until November 2029. Applying to data centers 100 MW and larger, the pause is intended to give the Oklahoma Corporation Commission time to conduct an impact study. The bill is in committee. 

Michigan

Multiple lawmakers in Michigan have introduced bills that would enact a statewide data center moratorium, preventing local governments and the state’s Public Service Commission from approving these facilities to give officials time to evaluate their impact. The moratorium would last until at least April 2027. While these bills remain in committee, Michigan Gov. Gretchen Whitmer, a Democrat, has been supportive of data center development in the state. 

Minnesota

Introduced by Senate Democrats in March, a Minnesota bill would require the state’s Public Utilities Commission to submit a comprehensive report on the impact of data centers by July 2027 and would ban the construction of new data centers larger than 100 MW until a year after the report’s publication. The bill remains in committee. 

South Carolina

A pair of joint resolutions filed by South Carolina lawmakers in April would prevent local and state government agencies from issuing approvals related to data centers until 2028. The bills would also enact a moratorium on applications for new data centers larger than 5 MW until the state government establishes a comprehensive oversight framework. The bills remain in committee. 

Pennsylvania

A bill introduced this month in the Pennsylvania Senate by Democrat Katie Muth would ban the construction of “high impact” data centers 25 MW and larger for three years. The bill, now in committee, also mandates new studies on the impact of these facilities and authorizes local governments to enact their own data center bans. 

Georgia

Georgia lawmakers are considering a bill that would ban data center construction for a year starting in July. Introduced by Democrat Jaha Howard, the bill remains in committee. A similar bill introduced in the Georgia House of Representatives would pause data center construction until 2029 while the state conducts an impact study. 

New Hampshire

Legislation in New Hampshire calling for a one-year moratorium on data center construction was killed in committee in March.

Wisconsin

A bill introduced in Wisconsin would have been among the most restrictive moratoriums under consideration, applying not just to new construction but also to the operation of existing data centers larger than 100 MW. However, the bill was killed in committee in March. 

South Dakota

A House bill in South Dakota would have temporarily banned the construction or expansion of data centers over 50 MW until July 2027. The bill didn’t advance through committee. 

Local Moratoriums

According to datacenterbans.com and local news outlets, more than 100 cities, towns and counties have also proposed or passed data center moratoriums. 

Alabama

California

Colorado

Connecticut

Delaware

Georgia

• DeKalb County
• Camden County
• Pike County
• Lamar County
• Troup County
• LaGrange
• Clayton County
• Athens-Clarke County
• Monroe County
• Lee County

Illinois

Indiana

• Fulton County
• Starke County
• Dearborn County
• White County
• Putnam County
• Pulaski County
• Indianapolis (proposed)

Iowa

• Dubuque County
• Johnson County
• Clarke County
• Adair County
• Shelby County

Kansas

• Sedgwick County
• Miami County (proposed)
• Harvey County

Kentucky

• Oldham County
• Scott County
• Meade County
• Ashland

Louisiana

Maine

• Bangor
• Wiscasset
• Lewiston
• Scarborough (proposed)

Maryland

Massachusetts

Michigan

Michigan is the most active state for data center moratoriums, with close to 50 counties enacting or considering such bans. The total area in which data center construction is at least temporarily prohibited is roughly the size of Rhode Island.

• Meridian Township 
• Northville
• Soringfield
• Pontiac
• Sterling Heights
• Detroit (proposed)
• Ypsilanti Township
• City of Ypsilanti
• East Lansing
• Howell
• Mason 
• Armada
• Dundee
• Grand Blanc
• Green Charter
• Hayes
• Lenox
• Lodi
• Manchester
• Pittsfield
• Saginaw
• Saline
• South Lyon
• Sylvan
• Taylor
• Tyrone
• Ann Arbor
• Erie
• Delta County (proposed)
• Washington

Minnesota

Missouri

• St. Charles
• Jackson County (proposed)
• Columbia

Nevada

New Jersey

• Princeton Township
• Phillipsburg

New York

North Carolina

• Charlotte
• Chatham County
• Orange County
• Canton
• Boone
• Gates County
• Brevard
• Clay County
• Kings Mountain
• Apex
• Swain County
• Rowan County
• Boiling Spring Lakes
• Hillsborough

North Dakota

• Morton County
• Mercer County
• Dunn County

Ohio

• Jerome
• Lordstown
• Muhlenberg
• Massillon
• Plain
• Vienna
• Washington
• Ashville
• South Bloomfield
• Ironton (proposed)
• Yellow Springs (proposed)

Oklahoma

Rhode Island

Tennessee

• Nashville (proposed)
• Washington County

Texas

Utah

Vermont

Virginia

Washington

Wisconsin

• Port Washington
• Madison
• Manitowoc County
• Cassville Township
• Waterloo Township

Earth Fare has completed its bankruptcy proceedings, reaching deals to sell 10 of its stores to grocery operators and giving its other 47 leased spaces back to landlords.

The company launched as Dinner for the Earth in Asheville, North Carolina, in 1975, selling health supplements and all-natural foods in bulk. In 1994, it became more of a full-service grocery store and changed its name to Earth Fare. By early 2020, it was a chain with 55 stores across 10 states, plus two in the pipeline.

But with competitors like Whole Foods and Fresh Market — and Publix expanding its GreenWise brand footprint — Earth Fare in February announced it would shut down completely. Two months later, it has disposed of all its leases.

Earth Fare filed for bankruptcy in Delaware Feb. 4. Earth Fare’s chief restructuring officer, Chuck Goad of FTI Consulting, hired Melville, New York-based A&G Real Estate Partners to unload the leases, which it had to do in a 60-day, court-approved bidding process. 

To do that in a 60-day window is “pretty lightning-fast in even a normal environment,” said A&G Senior Managing Director Joseph McKeska, a 28-year veteran of the grocery sector. On top of that was the challenge of finding takers during the coronavirus pandemic.

A&G arranged for most of Earth Fare’s sites to revert to landlords, which freed the company from owing rent obligations in April. The firm, which specializes in managing the real estate of bankrupt entities, sold off Earth Fare’s last 10 leases — including two to Whole Foods Market — and negotiated termination agreements on nine other locations, it announced this week. In total, those deals brought more than $6M to the estate of Earth Fare.

McKeska said as a fiduciary, A&G had to try to get the best price so that Earth Fare’s creditors could be paid. 

“We set a floor, based on what the value of the asset was if we liquidated fixtures and equipment and any outstanding rent,” McKeska said.

Bids for the leases were due on March 16. A sale hearing was held March 24. Even though a few prospective bidders backed out as the coronavirus triggered lockdowns across the country, all but two lease sales were completed before the end of March.

“If we had anything working in our favor, it’s that the grocery business is one of the few that has done really well through this crisis,” McKeska said.

The grocery retailers who assumed the leases are looking ahead several years and saw attractive assets in Earth Fare’s portfolio, he said.

The leases were for sites from 21K SF to 38K SF. A&G worked out termination agreements with landlords for sites in Gainesville, Ocala and Palm Beach Gardens, in Florida; Columbia and Rock Hill in South Carolina; Charlotte, North Carolina; Williamsburg, Virginia; Carmel, Indiana; and Portage, Michigan.

Earth Fare’s estate sold four Florida leases — in Boynton Beach, Jacksonville, Lakewood Ranch and Viera — to Southeastern Grocers’ Winn-Dixie chain. It also sold locations in South Asheville and Chattanooga to Whole Foods and one in Tallahassee to Aldi. 

While the previous Earth Fare company will cease to exist, an investor group that includes several former Earth Fare executives bought leases for three locations — in Athens, Georgia, Asheville, North Carolina; and Roanoke, Virginia — and acquired Earth Fare’s trade name and intellectual property. The group intends to reopen its locations as Earth Fare stores.

“In an extraordinarily challenging environment for retail real estate, the results of this process were far better than we expected,” Goad said in a statement.