The Data Center Divide
A policy snapshot ahead of the 2026 midterms. Mapping data center incentives, restrictions, and bans through legislation, regulations, and executive actions across all 50 states and 1,462 local jurisdictions.
City of Foley
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Slightly Anti-Data Center Policies
Foley has enacted a six-month pause on applications for data centers and similar facilities, delaying new construction and expansions while the city develops rules. The description does not say existing facilities must stop operating.
Rating from Alabama statewide as there are no scored current or future laws outside temporary restrictions for City of Foley.
current law · City of FoleyProhibits Foley from accepting or processing data center applications for six months while the city reviews and updates its regulations.City of Foley Six-Month Data Center Moratorium Ordinance (2026)
What this means
It would pause applications for data centers and similar facilities for six months, delaying new construction and expansions while the city develops rules (the moratorium lasts six months). It does not say existing facilities must stop operating, but the broad application freeze makes development substantially harder during that period.
Timing
- Ends
- Six-month term; no exact expiration date stated in reviewed sources.
The city states that the ordinance is now in effect for six months. It restricts acceptance, processing, approval and consideration of applications for the covered facilities while regulations are reviewed.
People behind it
- Ralph Hellmich
Foley mayor; explains the pause as time to review regulations and develop guidelines.
Restrictions & requirementsHide restrictions & requirements1
Restricts acceptance, processing, approval and consideration of applications for data centers, Bitcoin and cryptocurrency mining facilities, server farms and similar technically oriented uses. The legislative title describes covered similar uses as characterized by high electrical demand and/or high water consumption.
Benefits & exceptionsHide benefits & exceptions4
Complete applications for covered uses that were pending on the ordinance’s effective date may continue to be processed. No new, amended, or supplemental applications or information for the same project may be accepted during the moratorium. Complete and pending applications may proceed
A covered use with a valid, unexpired building permit or land disturbance permit issued before the ordinance’s effective date is exempt from the moratorium. Valid and unexpired permits
Existing covered uses may carry out normal maintenance, repair, or renovation without being subject to the moratorium, provided the work does not expand the building footprint or increase electrical or water demand. Normal maintenance, repair, or renovation
The ordinance states that vested rights may arise when a valid permit is actually issued in accordance with applicable law. Vested rights may arise
Sources
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