Wisconsin counties put moratoriums on data center construction, but are they allowed to?
Wisconsin counties are navigating state law regarding data center moratoriums. While Manitowoc County successfully enacted a moratorium using specific language, Brown County is restricted by state development moratorium laws. State legislators acknowledge the need for data center regulations and plan to revisit the issue.
Wisconsin is seeing increased discussion around data center development, particularly regarding county-level moratoriums. State law currently prohibits counties from implementing "development moratoriums," which are defined as bans on rezoning or approving land subdivisions. This legal framework has prevented Brown County from enacting a data center moratorium.
However, Manitowoc County successfully passed a data center moratorium in April by carefully crafting its resolution to avoid being construed as a "development moratorium." State Representative Shae Sortwell, who serves on the Manitowoc County Board and helped enact the moratorium, believes it will withstand legal challenge, noting that it is a temporary restriction.
State Representative Sortwell and State Senator Jamie Wall both agree on the need for clearer data center regulations at the state level. Senator Wall indicated that the Wisconsin Legislature intends to revisit the data center discussion early in its next session, which begins in January, to establish "guardrails" for the development process. Residents, particularly in Brown County, have expressed concerns about the broader impact of data centers beyond their immediate localities.