Siting, zoning and permitting laws by state

167 bills on siting, zoning and permitting in 35 jurisdictions, 13 of them enacted in 2025 and 2026. The laws come first, with what each requires, then the bills that moved most recently.

  • 13 laws enacted in 2025 and 2026, in 8 states. Most: Virginia (4), California (3), Delaware (1).
  • 167 bills in 35 jurisdictions, 8 of them in Congress. Latest action 29 October 2026.

Updated 2 November 2026LawsRecent billsBy state

Enacted in 2025 and 2026

13 laws, by state. Laws enacted before 2025 are not listed.

California

  • Enacted

    AB 1577: Data centers: reporting.

    Owners of data centers must submit specified information to the State Energy Resources Conservation and Development Commission upon energization and monthly thereafter, including electrical load, energy consumption, power usage effectiveness, and fuel consumption. Owners or developers must submit energy consumption and sound level estimates to applicable local agencies when applying for discretionary permits.

    Takes effect 1 January 2027

  • Enacted

    AB 2469: Data centers: water use disclosures.

    Cities, counties, or cities and counties must not approve discretionary or ministerial permits or other entitlements for data center construction or expansion increasing maximum peak water use unless the applicant provides a water supply assessment, water use assessment upon request, water scarcity plan beginning January 1, 2028, projected water use, water efficiency measures, and workforce disclosures, and assumes full cost of required water infrastructure improvements. The Department of Water Resources must recommend a CII water use classification for large consumptive use facilities including data centers by June 30, 2028, and the State Water Resources Control Board must adopt it by December 31, 2029.

    Takes effect 1 January 2027

  • Enacted

    SB 887: California Environmental Quality Act: environmental leadership development projects: data centers: geothermal powerplant projects.

    Projects for development and operation of data centers cannot be exempted from CEQA review. Data center projects may be certified as environmental leadership development projects only if they meet specified conditions including paying full interconnection costs, using zero-carbon energy and storage, recycled water, and entering community benefits agreements. The State Energy Resources Conservation and Development Commission must develop uniform statewide standards for data center conditions and require regular compliance reporting.

    Takes effect 1 January 2027

Delaware

  • Enacted

    SB 312: An act to amend title 9, title 22, and title 29 of the delaware code relating to data centers.

    Counties, municipalities, and state agencies may not enter into nondisclosure agreements that restrict disclosure to the public about potential or actual large-scale data center development. Large-scale data centers are defined as facilities using or able to use 100 megawatts of power or more.

Florida

  • Enacted

    SB 484: Data Centers

    Public utilities must file tariffs by October 1, 2026 ensuring large load customers bear their full cost of service without shifting costs to other ratepayers. Public utilities may not knowingly provide electric service to foreign entities qualifying as large load customers. Water management districts and the Department of Environmental Protection must require reclaimed water use by large-scale data centers when feasible.

    Took effect 1 July 2026

Indiana

  • Enacted

    HB 1042: Regulation and investment of cryptocurrency.

    Administrators of specified state retirement and investment plans must offer cryptocurrency exchange traded funds as regular investment programs. Boards may invest plan assets in cryptocurrency exchange traded funds. Public agencies, counties, municipalities, and townships may not adopt rules prohibiting individuals from accepting digital assets as payment, taking custody via self-hosted or hardware wallets, operating blockchain nodes, or conducting private digital asset mining in residences.

    Took effect 1 July 2026

Kentucky

  • Enacted

    HB 701: AN ACT relating to blockchain digital assets.

    Individuals may accept digital assets for payment and use wallets without prohibition. Digital assets used as payment shall not face additional taxes or charges based solely on that use. Local governments cannot change zoning for digital asset mining businesses to discriminate against them without notice and comment process.

Nebraska

  • Enacted

    LB 526: Provide powers and duties for public power districts related to cryptocurrency mining operations

    Public power suppliers may impose requirements on cryptocurrency mining operations of one megawatt or greater for infrastructure upgrade costs, including direct payment, letters of credit, or terms and conditions. Persons intending to install such operations must notify their local public power supplier. Public power suppliers must conduct load studies before imposing requirements and publish operation counts and energy usage on their websites.

South Carolina

  • Enacted

    H 3309: Electrical Utilities

    Electric utilities may elect to have annual rate adjustment procedures apply prospectively by filing notice with the Public Service Commission. Utilities must file quarterly monitoring reports showing actual and pro forma financial data. The Office of Regulatory Staff must review monitoring reports and propose adjustments to bring them into compliance with established procedures.

Virginia

  • Enacted

    HB 153: Data centers; site assessment, sound profile of the high energy use facility.

    Prior to approving a rezoning, special exception, or special use permit for a new high energy use facility requiring 100 megawatts or more of electrical power, a locality shall require the applicant to submit a site assessment examining the sound profile on residential units and schools within 500 feet. The locality may also require examination of effects on water, agricultural resources, parks, historic sites, and forestland. The electric utility must submit a form describing substations and transmission voltage.

  • Enacted

    SB 94: Data centers; site assessment, sound profile of the high energy use facility.

    Prior to approving a rezoning, special exception, or special use permit for a new high energy use facility requiring 100 megawatts or more of electrical power, a locality shall require the applicant to submit a site assessment examining the sound profile on residential units and schools within 500 feet. The locality may also require examination of effects on water, agricultural, park, historic, and forest resources. The electric utility must submit a form describing substations and transmission voltage.

    Took effect 1 July 2026

  • Enacted

    HB 1601: Data centers; site assessment for high energy use facility.

    This is a conference committee report on House Bill 1601 regarding data centers and site assessment for high energy use facilities. The report recommends rejecting the Senate Amendment and accepting an alternative Amendment in the Nature of a Substitute.

  • Enacted

    SB 1449: Data centers; site assessment for high energy use facility.

    Prior to approving a rezoning application, special exception, or special use permit for a new high energy use facility requiring 100 megawatts or more of electrical power, a locality shall require the applicant to perform and submit a site assessment examining the sound profile on residential units and schools within 500 feet of the facility property boundary.

Bills that moved most recently

The 25 open siting, zoning and permitting bills with the latest action. The Data Centers and Energy Load Tracker follows all 167.

  • New Jersey A 5729: Requires certain State agencies to establish expedited approval and permitting procedures for artificial intelligence data centers that bring their own power.

    In committee

  • New Jersey S 4304: Prohibits agreements intended to conceal certain information concerning development of data centers under MLUL.

    What it would do: Prohibits applicants for data center development from entering into non-disclosure agreements with approving authorities, municipal agencies, and property sellers to conceal development details, declaring such agreements against public policy and unenforceable, and bars approvals if violated.

    Passed chamber

  • New Jersey A 5663: Requires DEP to conduct study on environmental impacts of data center development in State; prohibits construction of new data centers until study is complete.

    What it would do: Requires the Department of Environmental Protection to study environmental, infrastructural, and financial impacts of data center development and submit a report within 15 months. Prohibits construction of new data centers and permit issuance until 90 days after the report is submitted.

    In committee

  • Virginia SB 843: Data centers; state permitting, local approval, moratorium, sunset.

    What it would do: Prohibits localities from approving rezoning, special exceptions, permits, or site plans for data centers on or after July 1, 2027, and prohibits state agencies from approving permits or authorizations for data center development or related electric infrastructure on or after that date. The provisions expire July 1, 2030.

    In committee

  • Virginia SB 841: Data centers; public hearing and notice requirements.

    What it would do: Adds enhanced public notice and hearing requirements for data center zoning changes, requiring advertisements to include applicant name, anticipated owner/end user, utility infrastructure details, and mandating at least two public hearings for data center rezoning or zoning text amendments.

    In committee

  • New Jersey A 5586: Requires data center developers to provide certain notice to public before preliminary site plan consideration and hearing under MLUL; requires DCA to maintain related public notice website.

    What it would do: Requires data center developers to hold community meetings, send direct mail notices within five miles, coordinate social media posts, and provide multilingual information before preliminary site plan approval. Requires the Department of Community Affairs to maintain a public portal aggregating data center development notices.

    In committee

  • Pennsylvania SB 1408: An Act providing for data center transparency; prohibiting certain nondisclosure agreements between public agencies and data centers; providing for data centers and public input; prohibiting data centers from being developed or operated by certain foreign entities; and providing for enforcement by Attorney General and for energy and water reporting.

    What it would do: Prohibits public agencies from entering into agreements with data center owners or operators that restrict disclosure of information about the data center's construction, development, location, or the agreement itself. Voids any such agreements.

    Passed committee

  • Pennsylvania HB 2821: An Act amending the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, in general provisions, further providing for definitions; and, in subdivision and land development, providing for local option for high impact data centers.

    What it would do: Adds definitions for 'data center' and 'high impact data center' (25+ megawatts peak demand) to the Pennsylvania Municipalities Planning Code. Requires municipal voter approval via referendum before a governing body or planning agency can finally approve a high impact data center application.

    In committee

  • New Jersey S 4657: Modifies certain DEP permit application requirements for data centers.

    What it would do: Requires data center permit applicants to prepare environmental justice impact statements and conduct public hearings in affected communities one year after the bill's effective date, and authorizes the Department of Environmental Protection to deny new data center permits if approval would cause disproportionate cumulative environmental or public health stressors.

    In committee

  • Michigan HB 6426: Businesses: other; data center local decision protection act; create. Creates new act. TIE BAR WITH: HB 6427'26

    In committee

  • Michigan HB 6427: Businesses: other; Michigan zoning enabling act; make subject to the data center local decision protection act. Amends secs. 205 & 606 of 2006 PA 110 (MCL 125.3205 & 125.3606). TIE BAR WITH: HB 6426'26

    In committee

  • Pennsylvania HB 2775: An Act amending the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, in general provisions, further providing for definitions; and, in zoning, further providing for ordinance provisions.

    What it would do: Adds definitions for 'commercial data center' (a facility with peak electric demand of at least 25 megawatts used for processing or storing data) and 'large load facility' (at least 10 megawatts peak demand) to Pennsylvania's Municipalities Planning Code. Requires applicants for such facilities to provide documentation of filed electric service applications and paid fees before zoning approval.

    Passed committee

  • Pennsylvania SB 1345: An Act amending the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, in zoning, providing for optional temporary moratorium on acceptance or consideration of new applications for high impact data centers.

    What it would do: Allows municipalities to impose an optional temporary moratorium of up to 18 months on filing or consideration of new applications for high impact data centers (those with critical IT load of 25 megawatts or higher) while conducting planning and infrastructure studies.

    Passed committee

  • Congress S. 5645: Data Center Community Empowerment Act of 2026

    In committee

  • Congress S. 5658: A bill to prohibit the construction of data centers on Federal land, and for other purposes.

    In committee

  • Michigan HB 6391: Businesses: other; siting requirements for certain data centers; provide for. Creates new act. TIE BAR WITH: HB 6388'26

    In committee

  • Pennsylvania SB 1455: An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in general provisions relating to government and administration, providing for pre-application procedure for a proposed data center.

    What it would do: Requires data center developers to submit a meeting request to the host municipality at least 30 days before filing a development application, with attendance from zoning, planning, elected officials, solicitors and engineers, and to provide will-serve letters from water, sewer, electric and fiber providers showing available resources and local impacts.

    In committee

  • Pennsylvania SB 1460: An Act amending the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, in zoning, prohibiting the location of data centers.

    What it would do: Prohibits data centers from being established or operated in residential zoning areas and requires hyperscale and major data centers (facilities with at least 5,000 servers and 100,000 square feet combined) to be located only in industrial and mining zones.

    In committee

  • Pennsylvania SB 1461: An Act amending the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, in general provisions, further providing for definitions; and, in zoning, providing for hyperscale data centers and public input.

    What it would do: Adds definitions for 'data center' and 'hyperscale data center' (peak load of 25+ megawatts for single facility or 50+ megawatts aggregate for multiple facilities) to the Pennsylvania Municipalities Planning Code. Requires zoning hearing boards to hold at least two advertised public comment meetings before approving hyperscale data center applications.

    In committee

  • New Jersey A 5482: Establishes six month moratorium on approvals, construction, expansion, subsidies, and tax incentives for certain artificial intelligence data centers; creates Artificial Intelligence Data Center Impact Commission.

    What it would do: Establishes a six-month moratorium on state approvals, permits, subsidies, and tax incentives for artificial intelligence data centers exceeding 10 megawatts electrical demand. Creates a 12-member commission to study impacts on electrical grid, water, environment, public health, labor, and municipal finances, requiring a report within 24 months.

    In committee

  • New Jersey A 5373: Concerns noise abatement of data centers.

    In committee

  • Michigan SB 1050: Businesses: other; community benefit agreements; require certain data centers to be subject to. Creates new act.

    What it would do: Prohibits construction or operation of data centers in Michigan unless the owner or operator files an application with the local unit of government, obtains approval of a community benefit agreement within 90 days, and enters into that agreement. Allows local units of government to deny permits or authorizations for data centers lacking approved community benefit agreements.

    In committee

  • Congress H.R. 10321: Responsible Data Center Siting Act of 2026

    What it would do: Directs the Secretary of Energy, in consultation with the Federal Energy Regulatory Commission, Secretary of Defense, and other agencies, to establish and publish best practices for data center siting that consider impacts on the electric grid, water use, environment, local communities, national security, workforce, and economy, with initial publication within one year and revisions at least every two years.

    In committee

  • Illinois SB 1050: Local government-tech

    What it would do: Authorizes counties and municipalities to establish ordinances regulating data center construction and siting, including standards for size, design, water resources, and noise. Requires at least one public hearing within 30 days before siting decisions and prohibits data centers within 3 miles of another municipality's boundaries without written consent.

    In committee

  • Congress H.R. 10169: To prohibit the provision of Federal financial benefit for the construction, expansion, or substantial rehabilitation of data centers on prime farmland and other certain farmland.

    What it would do: Prohibits Federal agencies from providing Federal financial assistance, tax credits, deductions, accelerated depreciation, or other Federal financial benefits for construction, expansion, or substantial rehabilitation of data centers on prime farmland or other certain farmland as defined in the Farmland Protection Policy Act.

    In committee

Siting, zoning and permitting laws, state by state

Questions

Which states have siting, zoning and permitting laws?

States that enacted siting, zoning and permitting laws in 2025 and 2026: Virginia (4), California (3), Delaware (1), Florida (1), Indiana (1), Kentucky (1), Nebraska (1) and South Carolina (1). Laws enacted before 2025 are not listed here.

Which states have the most siting, zoning and permitting bills?

Virginia (26), New Jersey (21), Michigan (15), Pennsylvania (14) and Congress (8). In all, 167 bills in 35 jurisdictions, the latest action on 29 October 2026.

What do siting, zoning and permitting bills cover?

Where data centers may be built, local approvals, setbacks, noise limits and community agreements. Each enacted law above has a line on what it requires.

Is this legal advice?

No. Which bills count as siting, zoning and permitting bills, and the line on what each law requires or each bill would do, are drafted by software and not reviewed by an attorney. Every bill links to the legislature’s own record: read the text before relying on it. The list covers bills from the 2025 and 2026 sessions.

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