Loading map…
Regbase

The Data Center Divide

City of Indio

This restriction takes precedence while in effect. The rating below excludes temporary restrictions.

Anti-Data Center Policies

Indio’s ordinance is labeled enacted, though its description says “if enacted”; it temporarily bars city approval of new data centers and expansions through October 16, 2026, with exceptions for some approved projects and minor work.

Rating from Riverside County as there are no scored current or future laws outside temporary restrictions for City of Indio.

current law · City of Indio
Extends the temporary moratorium prohibiting new data centers and the expansion or intensification of existing ones in Indio through October 16, 2026.Indio Urgency Ordinance No. 1838 (2026)

What this means

If enacted, it would extend the moratorium for 90 days, through October 16, 2026. During that time, the City could not approve new data centers or expansions, though some already-approved projects and minor work are exempt; this is a substantial but temporary barrier, not a permanent ban.

Timing

Ends
Oct 16, 2026

The 90-day extension continues the moratorium through and including 2026-10-16, unless earlier extended or terminated by the City Council. Any further extension requires compliance with Government Code section 65858, including notice, a public hearing, and written findings that the conditions warranting the moratorium continue to exist.

People behind it

  • Adopted the urgency ordinance establishing the moratorium and considered its extension.

  • Mayor who introduced the urgency ordinance establishing the temporary moratorium.

  • Councilmember who requested consideration of the moratorium and made the motion to adopt it.

Show 4 more peopleShow fewer people

  • Councilmember who seconded the motion to adopt the moratorium ordinance.

  • City Manager responsible for the staff report and directed to oversee the continuing study and review of the measure.

  • Director of Community Development who prepared the staff report and related regulatory recommendations.

  • City Attorney who presented the urgency ordinance to the City Council.

Restrictions & requirementsHide restrictions & requirements5

  • Interim moratorium prohibits establishing, converting, expanding, or intensifying data centers and similar high-intensity computing uses. The City may not accept applications as complete, process, approve, issue, or grant related discretionary or ministerial permits, entitlements, licenses, clearances, subdivisions, building permits, grading permits, electrical permits, or mechanical permits.

  • The moratorium was extended for 90 days after the initial 45-day period, remaining effective through October 16, 2026, unless earlier extended or terminated by the City Council.

  • The covered use is defined broadly to include hyperscale, colocation, cloud-computing, artificial-intelligence, high-performance-computing, blockchain, digital-asset-mining, and cryptocurrency-mining facilities, as well as substantially similar uses.

  • Existing vested rights and specified facilities are exempt: projects with all required approvals and permits finally granted before the ordinance, ordinary accessory server or IT rooms, public-safety and emergency-communications facilities, qualifying telecommunications or public-utility facilities, and minor repairs or tenant improvements that do not increase floor area, server capacity, electrical or cooling capacity, backup generation, or water demand.

  • The Unified Development Code does not list data centers, and uses not listed in the applicable Specific Plan or Project Master Plan, or not substantially like a permitted use, are prohibited.

Benefits & exceptionsHide benefits & exceptions6

  • Data centers with all required discretionary approvals and ministerial permits finally granted before the moratorium took effect are exempt, provided they are developed in substantial conformance with those approvals.

  • The ordinance does not impair vested rights legally obtained before its effective date, as determined under applicable state law.

  • Existing lawful data centers may receive permits for minor repairs, maintenance, in-kind replacements, and interior tenant improvements, provided the work does not expand data-center floor area or increase server capacity, electrical service, cooling capacity, backup-generation capacity, or water demand.

  • Customary accessory server rooms, IT rooms, and equipment rooms that are incidental and subordinate to a permitted primary use and serve only on-site operations are excluded from the Data Center Use definition.

  • Ordinary computer equipment used solely to support on-site office, retail, school, hospital, or industrial operations is excluded from the Data Center Use definition.

  • Public-safety, emergency-communications, emergency-operations, telecommunications-carrier, and qualifying public-utility facilities are exempt from the moratorium when they are not principally designed or used as commercial data centers or similar high-intensity computing facilities.

Sources

Data provided by Regbase · Cookie preferences · Report missing data