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.
Fountain County
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Mixed Data Center Policies
Fountain County’s enacted moratorium blocks new permits and development for AI data centers of at least 500 kW in unincorporated areas until December 31, 2026, but does not expressly stop existing centers.
Rating from Indiana statewide as there are no scored current or future laws outside temporary restrictions for Fountain County.
Specific to Fountain County only.
current law · Unincorporated portionsProhibits siting or building AI data centers with at least 500 kW of capacity in unincorporated Fountain County through December 31, 2026, and bars the county from accepting permit applications during that period.Fountain County Ordinance: Moratorium on AI Data Centers and Battery Energy Storage Systems (2025)
What this means
The proposed measure would block permits and new development for AI data centers with at least 500 kW in unincorporated Fountain County until December 31, 2026, a serious but temporary obstacle to building or expanding covered facilities (“no person shall site, construct, install, permit, or deploy”). It does not expressly stop existing centers from operating, and it does not apply to incorporated areas or smaller facilities (“apply to unincorporated portions”).
Timing
- Ends
- Dec 31, 2026
People behind it
- Board of Commissioners of Fountain County, Indiana
The ordinance assigns the Board authority to enact the measure and issue stop orders for violations.
- Fountain County departments
The ordinance directs them not to accept permit applications for AI data centers or battery energy storage systems during the moratorium.
Restrictions & requirementsHide restrictions & requirements4
A moratorium prohibits siting, constructing, installing, permitting, or deploying AI data centers in unincorporated Fountain County through December 31, 2026. It covers facilities with nameplate power capacity of 500 kW or greater; a jurisdiction that has exempted itself is excepted. The moratorium period and covered activities
County departments may not accept permit applications seeking authorization for the covered activities during the moratorium. Departments of Fountain County accept applications
The commissioners may issue a written stop-work order for work violating the ordinance, and a person harmed by a violation may seek an injunction in county court. A stop-order review petition must be filed within 30 days. Stop orders and injunctive relief
A violation may incur a fine of up to $2,500 per violation, per parcel, per day, with each continuing day treated as a separate offense. Fine not exceeding $2,500
Benefits & exceptionsHide benefits & exceptions2
The moratorium does not apply to the extent a jurisdiction has exempted itself, so data-center projects may proceed in exempt jurisdictions. except to the extent a jurisdiction has exempted itself
The moratorium defines an AI Data Center as having nameplate power capacity of 500 kW or greater, leaving facilities below that threshold outside this definition. nameplate power capacity of 500 kW or greater
Sources
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