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.
Clark County
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Mixed Data Center Policies
Clark County’s enacted moratorium pauses new data-center applications in unincorporated areas and Borden for up to 12 months, but exempts complete applications already filed and vested projects and does not directly bar existing operations.
Rating from Indiana statewide as there are no scored current or future laws outside temporary restrictions for Clark County.
Specific to Clark County only.
current law · County measure: Unincorporated areas and the Town of BordenPauses the acceptance and processing of new data center applications in unincorporated Clark County and the Town of Borden until August 27, 2027, unless lifted or replaced sooner.Indiana Clark County one-year data-center moratorium (2026)
What this means
The measure would stop new data-center applications in unincorporated Clark County and Borden for up to 12 months, making it very difficult to start building during that period (the moratorium expires after twelve months). It would not cover complete applications already on file or vested projects, and it does not directly prohibit operating existing data centers.
Timing
- Ends
- 2027-08-27, unless earlier terminated or superseded by a UDO amendment adopted to regulate Data Centers
The data-center moratorium applies in unincorporated Clark County and the Town of Borden. Moratoriums may be extended for cause under the amended UDO.
People behind it
- Clark County Plan Commission
Initiated the data-center moratorium docket, developed the proposed UDO amendments, held the public hearing, and recommended the amendments to the Board of Commissioners.
- Bryan Glover
Introduced the proposed amendment at the Plan Commission hearing and signed PC Resolution 2026-15 as vice president.
- Clark County Board of Commissioners
Approved PC Resolution 2026-15 and enacted Ordinance No. 25-2026 establishing the data-center moratorium.
Restrictions & requirementsHide restrictions & requirements3
A moratorium prohibits the acceptance and processing of any application, petition, determination, or permit necessary to establish a broadly defined data center—including data storage facilities, server farms, artificial-intelligence facilities, cloud-computing facilities, and appurtenant facilities—in all zoning districts in unincorporated Clark County and the Town of Borden.
The moratorium does not apply to complete applications filed before August 27, 2026, or to applications or projects for which rights had vested under Indiana Code 36-7-4-1109.
The data-center moratorium began August 27, 2026, and expires August 27, 2027, unless terminated earlier or superseded by a UDO amendment regulating data centers.
Benefits & exceptionsHide benefits & exceptions2
Complete applications already on file and projects with vested rights are excluded from the moratorium, including rights vested under Indiana Code § 36-7-4-1109. This protection applies to applications or projects existing before the moratorium’s effective date.
The data-center moratorium is temporary, expiring on August 27, 2027 unless terminated earlier or superseded by a UDO amendment regulating data centers. Thus, the application freeze is limited in duration.
Sources
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