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.
Clay County
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Mixed Data Center Policies
Clay County has an enacted, temporary pause of up to 12 months on applications to build, expand, or operate data centers in unincorporated areas, creating a short-term barrier to projects.
Rating from Florida statewide as there are no scored current or future laws outside temporary restrictions for Clay County.
Specific to Clay County only.
current law · Unincorporated areasPauses new data center applications in unincorporated Clay County for up to one year while the county develops regulations.Clay County Ordinance 2026 (2026)
What this means
If enacted, the measure would pause applications to build, expand, or operate data centers in unincorporated Clay County for up to 12 months, making projects substantially harder during that period. It is temporary and limited to unincorporated areas, but it creates a severe short-term barrier.
Timing
- Ends
- 12 months from and including the effective date of the Ordinance, or upon the effective date of an ordinance amending the Comprehensive Plan, Land Development Regulations, and/or Code of Ordinances relating to Data Center Facilities, whichever occurs first
The moratorium temporarily halts applications and related rezoning, permitting, and site-plan actions for data center facilities. The earlier ordinance amendment effective date can end it before the 12-month period.
People behind it
- Board of County Commissioners of Clay County, Florida
Requested preparation of, adopted, and approved the one-year temporary moratorium on data-center-related applications.
- Clay County staff
Administered the moratorium study, reviewed potential impacts, and developed regulatory recommendations.
- C. Grimm
Identified as the responsible commissioner for the proposed temporary moratorium on data-center-related comprehensive-plan applications.
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- 2025–26 Clay County Charter Review Commission
Proposed the amendment to the Clay County Home Rule Charter.
- C. Connor
Chaired the 2025–26 Clay County Charter Review Commission, which proposed the Charter amendment.
Restrictions & requirementsHide restrictions & requirements2
In unincorporated Clay County, a temporary moratorium bars accepting, reviewing, processing, approving, or issuing applications and approvals—including Comprehensive Plan amendments, rezonings, conditional uses, permits, and site or building-plan development reviews—for constructing, expanding, or operating data center facilities.
The moratorium lasts 12 months from the ordinance’s effective date, unless an ordinance amending the Comprehensive Plan, Land Development Regulations, or Code of Ordinances concerning data centers becomes effective sooner.
Benefits & exceptionsHide benefits & exceptions3
Data center applications submitted and deemed complete before the ordinance takes effect may continue to be reviewed under the rules in effect when they were submitted.
Development orders, site plans, building permits, and other approvals issued before the moratorium remain valid, allowing the approved data center development to proceed.
Existing data centers may continue operating during the moratorium, including ordinary maintenance, repair, and replacement work, provided the work does not create an unapproved expansion.
Sources
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