New Hampshire Committee Advances Bill Limiting Data Center Regulation; Indiana County Passes Restrictions

Local governing bodies in New Hampshire and Indiana are diverging in their regulatory approaches to data center development. In New Hampshire, the House Committee on Municipal and County Government voted 11-9 to recommend an amended Senate Bill 439. The proposed legislation would prohibit towns from regulating data centers more restrictively than other businesses and establish them as a permitted land use by right in industrial or commercial zones.

Diane Pauer, chair of the committee, and Republican members argue that these facilities should be treated as any other enterprise. However, Democratic members and the bill's prime sponsor, Senator Debra Altschiller, oppose the amendment, citing risks related to noise pollution and the state's limited water and energy capacity.

Simultaneously, the LaPorte County Board of Commissioners in Indiana unanimously passed an ordinance on May 6, 2026, to restrict data center construction in unincorporated areas. The regulations mandate that facilities be located on industrial land to protect agricultural zones and establish strict limits on water usage and noise levels. This action follows public concern regarding a proposed facility. The ordinance is the second of its kind in Indiana, adapted from a template used by Lake County.