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.
Clayton County
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Neutral Data Center Policies
Clayton County has enacted a temporary pause on applications for new or expanding data centers in unincorporated areas through June 29, 2026; previously approved facilities may continue.
current law · County measure: Ellenwood Planned Unit Development, MU (Mixed-Use) areaDirects county staff to begin removing data centers as a permitted use in the mixed-use area of the Ellenwood Planned Unit Development.Clayton County Resolution 2025-189 (2025)
What this means
The resolution does not itself change zoning; it directs staff to begin a process to remove data centers as a permitted use in the Ellenwood PUD’s mixed-use area (“initiate text modifications”). That could make future projects harder in that area, but the change is limited in scope and is not yet a ban.
People behind it
- Clayton County Board of Commissioners
Initiated and directed staff to pursue text modifications to remove data centers as a permitted use within the Ellenwood Planned Unit Development's Mixed-Use area.
Restrictions & requirementsHide restrictions & requirements1
Directs county staff to initiate a zoning text modification that would remove data centers as a permitted use within the Ellenwood Planned Unit Development’s Mixed-Use (MU) area.
Sources
Specific to Clayton County only.
current law · Unincorporated areasExtends the pause on accepting applications to build or expand data centers in unincorporated Clayton County until June 29, 2026, or until the county updates its code, whichever comes first.Clayton County Resolution 2026-134 (2026)
What this means
This would temporarily block applications for new data centers and expansions in unincorporated Clayton County for up to 180 days, including permits and rezoning (“moratorium on acceptance of any applications”). Previously approved facilities could continue operating and developing, and the moratorium would expire by June 29, 2026, so the restriction is significant but temporary.
Timing
- Ends
- Jun 29, 2026
The moratorium expires at 11:59 p.m. on 2026-06-29, unless the County adopts a related Code revision earlier or the governing authority shortens or extends it by official action.
People behind it
- Clayton County Board of Commissioners
Adopted and extended the moratorium on applications relating to new or expanded data centers.
- Clayton County Community and Economic Development Department
Responsible for assisting in creating a study group addressing the effects of data centers during the moratorium.
- Clayton County Staff Attorney's Office
Responsible for assisting in creating a study group addressing the effects of data centers during the moratorium.
Restrictions & requirementsHide restrictions & requirements1
Moratorium on accepting applications in unincorporated Clayton County for establishing new data centers or expanding existing or under-development data centers. The moratorium covers special land use permits, rezonings, land-disturbance permits, building permits, business licenses, and certificates of occupancy, and lasts for 180 days from December 31, 2025, or until the County revises its code for data centers, whichever occurs first. It expires at 11:59 p.m. on June 29, 2026, unless officially shortened or extended.
Benefits & exceptionsHide benefits & exceptions1
Previously approved data centers may continue operating and being developed; the moratorium does not disturb facilities approved by the Board to operate lawfully before the moratorium’s adoption. continued operation and development of any existing data center
Sources
current law · Unincorporated areasProhibits Clayton County from accepting permit, license, or rezoning applications for new or expanded data centers in unincorporated areas through June 29, 2026, unless the moratorium ends earlier.Clayton County Resolution 2025-193 (2025)
What this means
The measure pauses applications for permits, licenses, and rezoning for new or expanding data centers in unincorporated Clayton County for up to 180 days, creating a substantial temporary barrier to development. Previously approved centers may continue operating and developing, so it is not a complete ban. It extends the moratorium for 180 days and does not prevent continued operation of previously approved centers.
Timing
- Ends
- Jun 29, 2026
The moratorium expires at 11:59 p.m. on this date, unless shortened or extended by official action of the Clayton County governing authority, or ended earlier if the County adopts a related Code revision. Previously approved data centers may continue operating and developing lawfully.
People behind it
- Alaina Reaves
Sponsored the resolution extending the data-center moratorium.
- Clayton County Board of Commissioners
Adopted and extended the moratorium.
- Clayton County Community and Economic Development Department
Responsible for assisting in creating a study group on the effects of data centers during the moratorium.
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- Staff Attorney's Office
Responsible for assisting in creating a study group on the effects of data centers during the moratorium.
Restrictions & requirementsHide restrictions & requirements3
In unincorporated Clayton County, the County will not accept applications for new data centers or expansions of existing or under-development data centers. The moratorium covers special land use permits, rezonings, land-disturbance permits, building permits, business licenses, and certificates of occupancy.
The application moratorium lasts for 180 days from December 31, 2025, or until the County adopts a related Code revision, whichever occurs first; it is set to expire at 11:59 p.m. on June 29, 2026, unless the Board shortens or extends it.
The moratorium does not prevent the continued operation or development of a data center that the Board had previously approved to operate lawfully before the moratorium was adopted.
Benefits & exceptionsHide benefits & exceptions1
Existing data centers that were previously approved by the Board may continue operating and developing lawfully despite the moratorium; this protection applies only to centers approved before the moratorium’s adoption or extension.
Sources
current law · Unincorporated areasPauses applications for permits, licenses, or rezoning to build or expand data centers in unincorporated Clayton County until June 29, 2026, or until the county adopts new data-center rules, whichever comes first.Clayton County Resolution 2025-271 (2025)
What this means
The measure would temporarily stop the county from accepting applications for new data centers or expansions in unincorporated Clayton County, including permit and zoning applications, until June 29, 2026, or until the county changes its code sooner (moratorium terms). That creates a significant delay for proposed projects, although facilities already approved to operate lawfully could continue.
Timing
- Ends
- Jun 29, 2026
The moratorium expires at 11:59 p.m. on 2026-06-29, unless shortened or extended by official action of the Clayton County governing authority. Previously approved data centers may continue operating and developing lawfully.
People behind it
- Clayton County Board of Commissioners
Adopted and extended the moratorium on accepting applications related to new or expanded data centers.
- Community and Economic Development Department
Directed to assist in creating a study group addressing the effects of data centers during the moratorium.
- Staff Attorney's Office
Directed to assist in creating a study group addressing the effects of data centers during the moratorium.
Restrictions & requirementsHide restrictions & requirements1
Moratorium in unincorporated Clayton County on accepting applications for new data centers or expansions of existing or under-development data centers, including special land-use permits, rezonings, land-disturbance permits, building permits, business licenses, and certificates of occupancy. The moratorium runs for 180 days from December 31, 2025, or until the County revises its code for data centers, whichever occurs first, and is scheduled to expire at 11:59 p.m. on June 29, 2026, unless shortened or extended by the County. It does not prevent the continued operation or development of a data center previously approved by the Board to operate lawfully before the moratorium.
Benefits & exceptionsHide benefits & exceptions1
Existing data centers that were previously approved by the Board to operate lawfully before the moratorium’s adoption may continue operating and developing; the moratorium does not disturb those activities.
Sources
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