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.
Bay County
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Mixed Data Center Policies
Bay County’s enacted temporary moratorium pauses most development approvals for AI data centers of at least 5 megawatts in unincorporated areas, with limited exceptions and duration.
Rating from Florida statewide as there are no scored current or future laws outside temporary restrictions for Bay County.
Specific to Bay County only.
current law · Unincorporated areasTemporarily prohibits new AI data centers using 5 megawatts or more from receiving development approvals in unincorporated Bay County, while the county develops regulations.Bay County Temporary Moratorium on Data Centers (2026)
What this means
The measure would temporarily block most development approvals for covered data centers in unincorporated Bay County; the draft moratorium lasts six months and may not exceed 12 months without special findings (limited duration). The July minutes report the approved threshold as AI data centers operating at 5 megawatts or more, while allowing exceptions such as vested rights and routine maintenance (5 megawatts or higher); the pause would still seriously delay or prevent covered projects during that period.
Timing
- Ends
- 6 months after its effective date
The moratorium automatically expires after six months unless extended or repealed earlier by the Board. It may not continue beyond 12 months absent findings of extraordinary necessity and active progress toward permanent regulations. The sources do not provide the ordinance's effective date.
People behind it
- Wayne Porter
Bay County Planning Manager who presented and recommended the temporary moratorium on large-scale data centers and other large-load customer developments.
- Bay County Planning Commission
Recommended that the Bay County Board of County Commissioners approve the proposed temporary moratorium.
- Bay County Board of County Commissioners
Proposed receiving body responsible for considering and adopting the temporary moratorium.
Restrictions & requirementsHide restrictions & requirements8
A temporary moratorium bars the County from accepting, processing, approving, issuing, or granting development approvals for AI data centers and other large-load customer developments operating at 5 megawatts or higher.
The moratorium applies throughout unincorporated Bay County and covers applications submitted after the ordinance’s effective date, as well as applications that were not determined complete before that date.
The moratorium covers a broad range of approvals, including comprehensive plan amendments, rezonings, site plans, development agreements, building permits, development orders, concurrency approvals, and utility allocation approvals.
The moratorium lasts six months and expires automatically unless the Board extends or repeals it earlier; it cannot last more than 12 months without findings of extraordinary necessity and active progress toward permanent regulations.
Routine maintenance or repairs are exempt only if they do not materially increase electrical demand, water demand, square footage, or operational intensity.
Existing facilities are exempt only if they were lawfully operating before the moratorium took effect and no material expansion is proposed.
Applicants claiming vested rights must obtain a written determination and prove substantial reliance, substantial good-faith expenditures in reliance on governmental approvals, and legally cognizable vested rights under Florida law.
Hardship relief requires a public hearing and competent substantial evidence of an extraordinary property-specific hardship, minimum necessary relief, consistency with the moratorium’s purpose, and avoidance of an inequitable or unreasonable application.
Benefits & exceptionsHide benefits & exceptions7
Complete applications determined complete before the moratorium takes effect are not subject to the moratorium.
Routine maintenance or repair is exempt when it does not materially increase electrical demand, water demand, square footage, or operational intensity.
Existing facilities that were lawfully operating before the moratorium may continue operating, provided they do not propose a material expansion.
Vested-rights claims are exempt from the moratorium. The applicant must demonstrate substantial reliance, substantial good-faith expenditures based on governmental approvals, and legally cognizable vested rights.
Hardship relief may be granted by the Board after a public hearing when competent substantial evidence shows an extraordinary property-specific hardship, the minimum necessary relief is requested, the moratorium's purpose will not be undermined, and relief is needed to avoid an inequitable or unreasonable application.
Limited duration limits the moratorium to six months unless earlier extended or repealed; it cannot continue beyond 12 months without findings of extraordinary necessity and active progress toward permanent regulations.
Geographic limitation confines the moratorium to Bay County's unincorporated area, leaving incorporated jurisdictions outside its stated scope.
Sources
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