Cochise County explains why data center moratorium isn't moving forward

Cochise County Board of Supervisors Chairman Frank Antenori announced that a proposed 120-day moratorium on new data center development will not proceed to the April 7 Board agenda. This decision follows a 5-4 vote by the Planning and Zoning Commission on March 11 to recommend the moratorium, intended to allow time for evaluating potential impacts from large-scale facilities, particularly regarding water use and electrical infrastructure demands. Antenori clarified that Arizona law, specifically A.R.S. §11-833, imposes strict legal requirements for counties to adopt a temporary halt on development. These prerequisites include publishing a public notice 30 days prior to a hearing, preparing detailed written findings justifying the moratorium's necessity, and holding a formal public hearing on these findings. The law mandates that these findings demonstrate either a documented shortage of essential public facilities, such as water or sewer, or a clear and imminent threat to public health and safety with inadequate current regulations. County staff advised that these legal thresholds cannot be met at this time, as there are no active data center applications in Cochise County, nor site-specific data or technical analysis to demonstrate measurable impacts. Antenori emphasized the significant legal risks and potential liability the county would face if it were to adopt a moratorium without meeting these defensible findings. Instead of a moratorium, Cochise County is developing updated zoning regulations. A proposed text amendment is under consideration to formally define data centers and establish requirements for Special Use Authorization, alongside development standards addressing water use, utilities, fire protection, and site-specific impacts. The Board remains committed to making informed decisions based on real data and within legal boundaries.