Wisconsin law on local data center regulation
Wisconsin state law complicates counties' ability to enact data center moratoriums, with Manitowoc County passing one using specific language while Brown County faces restrictions. State legislators acknowledge the need for data center regulations and expect the Wisconsin Legislature to revisit the issue in its next session. The current legal framework allows local municipalities, but not counties, to implement development moratoriums.
Data center development has become a contentious issue in Northeast Wisconsin, prompting calls for moratoriums to slow down construction. However, state law significantly complicates the ability of counties to implement such measures. While Brown County's existing zoning prevents it from enacting a data center moratorium, even without this, state law would make a county-level development moratorium unlikely.
Despite these legal challenges, Manitowoc County successfully passed a data center moratorium in April. According to the Wisconsin Legislative Reference Bureau, Manitowoc County achieved this by using specific language in its resolution, ensuring it would not be construed as a general "development moratorium," which counties are not permitted to enact under state law. State Rep. Shae Sortwell, R-Two Rivers, who serves on the Manitowoc County Board, was instrumental in enacting this specific moratorium, stating that the corporation council believes it would withstand a court challenge.
State Representative Sortwell and State Senator Jamie Wall, D-Green Bay, both acknowledged the need to review the state law regarding development moratoriums, particularly concerning data centers. They highlighted that individual municipalities currently retain the ability to implement such restrictions. Both legislators agreed that comprehensive data center regulations are necessary, citing concerns from constituents in Brown County regarding the broader impact of data center footprints. Senator Wall anticipates that the Wisconsin Legislature will re-examine the data center discussion early in its next session, which begins in January, to establish basic requirements for appropriate data center placement.