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The Data Center Divide

Maricopa County

Neutral Data Center Policies

Maricopa County’s zoning update allows data centers with backup power in IND-2 and IND-3 zones subject to a development plan; the description also mentions water-efficiency requirements in a Harquahala proposal.

current law · Unincorporated areas
Requires data centers with compensatory power generation to obtain plan-of-development approval in designated industrial zones.Maricopa County Zoning Ordinance (P-18)

What this means

The update would expressly allow data centers with compensatory power generation in IND-2 and IND-3 industrial zones, subject to a development plan, making approval clearer but limiting where this use is allowed (“Data Centers with compensatory power generation”). The Harquahala proposal also includes water-efficiency requirements for data storage facilities, adding some project-specific obligations (“incorporate water efficient designs”). Overall, the clearer path to approval is a modest benefit, balanced by zoning limits and added requirements.

People behind it

  • Planning Supervisor who authored the handout memo and presented staff-identified modifications to the Board of Supervisors.

  • County department whose staff compiled the proposed MCZO modifications and administered the ordinance update.

  • Commission that reviewed the MCZO update and recommended that the Board of Supervisors approve it with modifications.

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  • County legislative body responsible for considering and approving the MCZO update.

Restrictions & requirementsHide restrictions & requirements15
  • The use table lists data centers only as “Data Centers with compensatory power generation,” and identifies them as requiring a Plan of Development (POD) in the IND-2 and IND-3 industrial zoning districts.

  • Because data centers are nonresidential development, they must obtain POD approval before construction or development begins. A single building with no more than four units on one lot is the stated exemption, which does not apply to a data center.

  • A POD requires subsequent building permits, and those permits for the site or first phase must be issued within three years after POD approval unless otherwise stated in the approval. The Director may authorize unlimited one-year extensions before expiration; after expiration, a new POD application is required.

  • POD applications carry a fee of $1,200 plus $100 per acre or portion thereof, capped at $50,000.

  • Where a data-center POD requires precise drainage-plan review, the drainage fee schedule imposes a Plan of Development review fee of $1,000 plus $500 per acre, capped at $11,000.

  • For the Harquahala Energy Generation and Industrial Complex, each phase must have its own POD and Traffic Impact Study and must independently provide site infrastructure, access, utilities, and stormwater management.

  • For the Harquahala Energy Generation and Industrial Complex, a project narrative must be submitted to the Department of Defense Siting Clearinghouse for review before any POD may be submitted.

  • For the Harquahala Energy Generation and Industrial Complex, a data-storage facility must incorporate water-efficient designs, potentially including hybrid alternative cooling technologies, to reduce annual water use.

  • For the Harquahala Energy Generation and Industrial Complex, the IUPD overlay limits the site to solar electric generation, gas generation, battery energy storage, data-storage facilities, ancillary offices and uses, and existing agricultural uses. Any other use requires a major zone-change amendment.

  • For the Harquahala Energy Generation and Industrial Complex, written confirmation from the emergency fire-protection jurisdiction is required before a building permit, and local fire-jurisdiction review and approval are required before a certificate of occupancy.

  • For the Harquahala Energy Generation and Industrial Complex, the owner or developer must implement applicable Arizona Game and Fish Department best practices and recommendations. Failure to substantially implement them can prevent final permits or a certificate of occupancy.

  • For the Harquahala Energy Generation and Industrial Complex, structures are limited to 103 feet in height, except that structures supporting electrical transmission lines may reach 196 feet.

  • For the Harquahala Energy Generation and Industrial Complex, data-storage facilities must provide one parking space per 1,000 square feet of ground-floor area and one space per 5,000 square feet of floor area on each additional story.

  • For the Harquahala Energy Generation and Industrial Complex, at least one loading and unloading space is required per building.

  • For the Harquahala Energy Generation and Industrial Complex, driveways and parking areas serving solar-generation, gas-generation, and battery-storage facilities must use decomposed granite with an approved dust-control plan, and the site must have specified perimeter fencing, including a maximum fence height of 12 feet.

Benefits & exceptionsHide benefits & exceptions7
  • Data centers with compensatory power generation are listed as a permitted industrial use subject to Plan of Development approval in the IND-2 and IND-3 zoning districts.

  • Industrial and commercial developments may obtain a reduction in required parking through a professional parking-demand study. The study must be prepared by a licensed professional engineer or certified transportation planner, demonstrate that the reduced supply is adequate, and receive approval from Planning and Development and MCDOT. A reduction greater than 20% for a commercial or multifamily project requires Board of Supervisors approval.

  • For the Harquahala Energy Generation & Industrial Campus, the IUPD overlay limits the site to solar electric generation, gas generation, battery energy storage, data storage facilities, ancillary offices and uses, and existing agricultural uses. Other uses require a major zone-change amendment.

  • For the Harquahala Energy Generation & Industrial Campus, data storage facilities may use reduced parking requirements: one space per 1,000 square feet of ground-floor area and one space per 5,000 square feet of each additional story.

  • For the Harquahala Energy Generation & Industrial Campus, uses other than specified categories—including data center infrastructure—are required to be enclosed, expressly allowing data center infrastructure to be located outside a building.

  • The Harquahala Energy Generation & Industrial Campus may be developed in phases, with each phase required to have its own Plan of Development and Traffic Impact Study and to function independently regarding infrastructure, utilities, access and stormwater management.

  • An approved Protected Development Rights Plan gives the landowner the right to complete development under the approved plan and generally prevents later land-use regulations from changing, impairing, preventing, diminishing or delaying that approved development. The protection generally lasts three years for a non-phased project, five years for a phased project, or ten years for a phased project containing at least one section of land or more than 640 acres, subject to statutory exceptions and possible extensions.

Sources

Specific to Maricopa County only.

failed · County measure
Would require Arizona counties with more than 125,000 residents to designate land for data centers in their comprehensive plans without preventing their construction or operation.Arizona HB2452 (2026)

What this means

This would require counties with more than 125,000 people to plan for where data centers can be built, and the plan must not effectively prevent their use (designations shall be sufficient). That could make it easier to find land for data centers, but it does not provide funding or guarantee project approval, so the benefit is moderate.

People behind it

  • Prime sponsor and introducer of HB 2452.

Benefits & exceptionsHide benefits & exceptions2
  • A county’s comprehensive plan may include studies and recommendations on electric-power production and demand, expressly including data centers; this is optional, not required. The plan may include studies and recommendations

  • Counties with populations over 125,000 must designate land in their comprehensive plans for data center construction and operation, with designations sufficient not to prevent or prohibit effective use of land for those purposes. Other counties may include this planning. Counties meeting the population threshold must amend their plans within two years of the act’s effective date. Designations shall be sufficient

Sources

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