Local Governments Clash Over Data Center Zoning and Bans

Local governments across the United States are struggling to establish zoning rules for data centers, utilizing temporary moratoriums to avoid permanent bans or legal challenges. In Kansas, the Sedgwick County Commission voted unanimously to extend a moratorium on data center applications through December 24. This third extension provides planning staff time to define data center criteria while managing existing pauses on solar and battery energy storage systems.

Sedgwick County Chairman Jeff Blubaugh defended the move as a way to facilitate community discussion, specifically responding to a social media post by President Donald Trump who claimed communities avoiding data centers risk becoming "backwards and poor."

In Georgia, the Bulloch County Board of Commissioners narrowly rejected a zoning amendment that would have permanently banned data centers in unincorporated areas. Chairman David Bennett cast the tiebreaking vote to defeat the ban, citing potential legal jeopardy despite his personal opposition to large-scale facilities. Bulloch County will maintain its moratorium until December 31, 2026, and has established a 21-member citizen working group to study the issue.

Meanwhile, the Association of County Commissions of Alabama passed a unanimous resolution opposing industry-specific planning and zoning authority. Executive Director Sonny Brasfield stated the organization prefers comprehensive land use powers over the ability to regulate a single industry, noting that Alabama counties currently lack the legal authority to block such developments.