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.
Palm Beach County
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Mixed Data Center Policies
Palm Beach County has enacted a pause of up to one year on zoning approvals for data centers drawing at least 50 MW in unincorporated areas; existing operations are not directly restricted.
Rating from Florida statewide as there are no scored current or future laws outside temporary restrictions for Palm Beach County.
Specific to Palm Beach County only.
current law · Unincorporated areasProhibits Palm Beach County from accepting, processing, or approving zoning and comprehensive-plan applications for data centers with peak loads of 50 megawatts or more in unincorporated areas for up to one year or until new rules take effect, while requiring smaller projects to document that their peak load is below 50 megawatts.Palm Beach County Large-Scale Data Center Moratorium Ordinance No. 2026-017
What this means
In unincorporated Palm Beach County, zoning approvals for data centers with peak loads of 50 MW or more would be paused for up to one year, or until new rules take effect (the moratorium’s duration and scope). That would make new construction and expansions requiring zoning approval substantially harder, though smaller facilities could apply by proving their peak load is below 50 MW, and existing operations are not directly restricted.
Timing
- Ends
- The earlier of one year from the effective date or the effective date of Unified Land Development Code amendments and/or Comprehensive Plan amendments dealing with Large-Scale Data Centers
The moratorium applies to unincorporated Palm Beach County and does not apply to properties damaged by Hurricanes Debby, Helene, or Milton. Applications submitted during the moratorium must demonstrate, with Florida-licensed Professional Engineer certification, an anticipated monthly peak load of less than 50 megawatts.
People behind it
- Palm Beach County Board of County Commissioners
County legislative body that directed staff to develop the moratorium and adopted Ordinance No. 2026-017.
- Darren Leiser
Assistant County Attorney III and project manager responsible for the county-initiated ULDC revision.
- Wendy N. Hernández
Zoning Director and agency manager identified for the ULDC revisions staff report.
Restrictions & requirementsHide restrictions & requirements5
A moratorium applies in unincorporated Palm Beach County beginning on the ordinance's effective date. During the moratorium, the County may not accept, process, or approve zoning applications or related zoning-approval requests for Large-Scale Data Centers, or Comprehensive Plan amendment applications related to them.
The moratorium also applies to Comprehensive Plan amendment applications and zoning applications for Large-Scale Data Centers, creating a barrier to obtaining the land-use approvals needed to build or expand such facilities.
Any data-center application submitted during the moratorium must demonstrate that the proposed facility has an anticipated monthly peak load of less than 50 megawatts, calculated as the highest average load over a 15-minute interval. The demonstration must be certified by a Florida-licensed Professional Engineer.
The moratorium does not apply to properties damaged by Hurricanes Debby, Helene, or Milton.
The moratorium expires on the earlier of one year after the ordinance's effective date or the effective date of ULDC or Comprehensive Plan amendments addressing Large-Scale Data Centers.
Benefits & exceptionsHide benefits & exceptions6
Data centers with an anticipated monthly peak load below 50 megawatts may continue to submit applications during the moratorium, provided they demonstrate the load is below the threshold and obtain certification from a Florida-licensed professional engineer (applications submitted during the moratorium).
The moratorium applies only to unincorporated Palm Beach County, leaving data-center development in incorporated municipalities outside the stated scope (for unincorporated Palm Beach County).
Properties damaged by Hurricanes Debby, Helene, or Milton are exempt from the moratorium and may therefore pursue applicable data-center approvals (shall not apply to properties damaged by Hurricanes Debby, Helene, or Milton).
Existing development orders, permits, enforcement matters, and other official actions issued before the ordinance takes effect remain in force, protecting previously approved or operating data-center projects from being nullified (shall remain in full force and effect).
The moratorium is temporary and ends no later than one year after the ordinance's effective date, or sooner if relevant Unified Land Development Code or Comprehensive Plan amendments take effect (expire upon the earlier).
The large-scale classification is based on load at a single location and does not aggregate loads across multiple locations owned by the same customer, allowing separately located facilities to be evaluated independently (does not include a load aggregated across multiple locations).
Sources
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