Data Centers
What States Are Doing About Local Data Center Authority
October 23, 2026 | Troy Flanagan
Maine Governor Janet Mills vetoed LD 307, which would have imposed a temporary moratorium on data centers, emphasizing the importance of local government data center authority and noting that the bill failed to allow for a project in the Town of Jay that had strong local support. South Dakota passed legislation in 2026 prohibiting the state from regulating local authority over data centers, while Virginia passed HB 153 requiring data centers to submit impact studies to localities when submitting permit applications. West Virginia took the opposite approach in 2025 when Governor Morrisey signed legislation prohibiting localities from regulating or restricting data centers, though local leaders have been pushing back to regain control. The debate over state data center legislation has evolved from a local land-use discussion into a broader conversation about quality of life, environmental policy, and the balance of governmental authority between state and local governments.
