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Regbase

The Data Center Divide

Boulder County

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

Pro-Data Center Policies

Boulder County has enacted a temporary halt on processing data-center applications in unincorporated areas through December 2, 2026, making new construction or expansion harder. Existing centers can continue operating.

Rating from Colorado statewide as there are no scored current or future laws outside temporary restrictions for Boulder County.

Specific to Boulder County only.

current law · Unincorporated areas
Temporarily prohibits data center applications in unincorporated Boulder County through December 2, 2026, while the county develops land-use rules.Boulder County Temporary Moratorium on Processing Applications for Data and Detention Centers (2026)

What this means

The measure would stop the county from accepting, processing, or approving data center applications in unincorporated Boulder County until December 2, 2026, while new rules are considered (applications would not be processed). It would not itself stop existing data centers from operating, but the temporary halt would make building or expanding centers there substantially harder.

Timing

Ends
Dec 2, 2026

The temporary moratorium begins immediately upon adoption and ends at the close of business on 2026-12-02. The Board may terminate, extend, or otherwise amend it at a duly noticed public hearing; staff must schedule a hearing within 45 days of adoption.

People behind it

  • Adopted the resolution, authorized the Land Use Code amendments, and enacted the moratorium.

  • Requested authorization for the Code amendments, will develop the amendments, and is directed to administer the moratorium by not accepting, processing, or approving covered applications.

  • Moved the motions authorizing the Code amendments and enacting the moratorium.

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  • Seconded the motions authorizing the Code amendments and enacting the moratorium.

Restrictions & requirementsHide restrictions & requirements1

  • A temporary moratorium immediately bars the county from accepting, processing, or approving applications for data centers in the unincorporated county. It applies to facilities with an IT equipment load of 500 kW or greater and ends at the close of business on December 2, 2026, unless earlier terminated or amended after a public hearing. The moratorium provision

Sources

pending · Unincorporated areas
Proposes to prohibit data centers with IT energy loads above 75 kW in unincorporated Boulder County.Boulder County Land Use Code Amendment DC-26-0003: Data Centers (proposed 2026)

What this means

The proposed text says data centers are “not permitted under this Code,” which would block their development in unincorporated Boulder County. The amendment is proposed, not already in force.

Timing

Ends
Dec 2, 2026

The temporary moratorium on applications for data centers and detention centers runs from 2026-06-02 to 2026-12-02, unless ended early or otherwise extended.

People behind it

  • Authorized the Land Use Code amendments, enacted the temporary moratorium, and will consider adopting the proposed regulations.

  • County department responsible for developing and administering the proposed text amendments.

  • Community Planning & Permitting planner and staff lead responsible for the data-center amendment docket and recommendation.

Restrictions & requirementsHide restrictions & requirements7

  • A temporary moratorium bars Boulder County from accepting or processing applications for new data center projects in unincorporated areas from June 2, 2026, through December 2, 2026, unless ended earlier or extended.

  • Data centers with more than 75 kW of information-technology energy load are not permitted in unincorporated Boulder County.

  • Data centers at or below 75 kW of IT energy load may be allowed only in Light Industrial or General Industrial zoning districts through Limited Impact Special Review.

  • Limited Impact Special Review requires a public hearing before the Board of County Commissioners and allows the county to impose conditions addressing project impacts.

  • Under the alternative General Industrial proposal, the use may be approved only by Special Review in the General Industrial district.

  • A data center must obtain and maintain all applicable local, state, and federal permits.

  • The proposed data center rules do not cover server rooms or IT infrastructure that is incidental or subordinate to a building’s principal use.

Benefits & exceptionsHide benefits & exceptions6

  • The proposal creates a specific data-center use for facilities with an IT energy load of 75 kW or less; data centers above 75 kW would remain prohibited. The draft allows data centers up to 75 kW of IT energy.

  • Under the staff-recommended draft, qualifying data centers may be located in Light Industrial and General Industrial zoning districts through Limited Impact Special Review, creating a formal approval pathway rather than an outright prohibition. Data centers would be limited to the Light Industrial and General Industrial zoning districts.

  • The staff-recommended draft imposes no specific parking or loading requirements for data centers, reducing site-development obligations. Parking Requirements: None and Loading Requirements: None.

  • The staff-recommended draft excludes server rooms and IT infrastructure that are incidental or subordinate to a building's main structure and principal use from the regulated data-center use, allowing qualifying businesses to operate such infrastructure without treating it as a separate data center. This use does not include server rooms or information technology infrastructure incidental or subordinate to the main structure and principal use.

  • An alternative draft, Option 2, would allow qualifying data centers by Special Review in the General Industrial district, providing a separate approval pathway if that option is selected. District Permitted: By Special Review in GI.

  • Under Option 2, accessory indoor retail sales may occupy up to 10 percent of the principal use's floor area, allowing a limited ancillary commercial activity. Accessory inside retail sales may occupy up to 10 percent of the total Floor Area.

Sources

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