Marshall County
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Neutral Data Center Policies
Marshall County has enacted a six-month pause on approvals for new data centers and major expansions. Routine repairs and applications completed before the pause are exempt.
Rating from Iowa statewide as there are no scored current or future laws outside temporary restrictions for Marshall County.
Specific to Marshall County only.
current law · County measurePauses the county’s acceptance and approval of applications to build or substantially expand data centers for six months.Marshall County, Iowa Six-Month Data Center Moratorium Resolution (2026)
What this means
The measure would pause approvals for new data centers and major expansions in Marshall County for six months, making development substantially harder during that period. Routine repairs and applications already complete before the pause are exempt.
Timing
- Ends
- six (6) months after adoption
The moratorium becomes effective immediately upon adoption and may be terminated earlier by the Board of Supervisors. It may be extended one time by resolution if additional review time is needed; the extension must identify the new expiration date.
People behind it
- Marshall County Board of Supervisors
Responsible for proposing, adopting, and administering the measure.
Restrictions & requirementsHide restrictions & requirements7
A temporary moratorium prohibits the County from accepting, processing, reviewing, approving, or issuing permits, site plans, zoning approvals, development agreements, or other County authorizations for constructing, establishing, expanding, redeveloping, converting, or operating data centers anywhere in Marshall County.
The moratorium applies to new data centers and to substantial expansions, redevelopments, or conversions of existing structures or uses for data center purposes. A substantial expansion includes changes that increase operational capacity, physical footprint, utility demand, or the facility’s primary data center function.
County departments and officials must refrain from accepting, processing, or approving covered applications during the moratorium, except when authorized by the Board of Supervisors or required by law.
The moratorium takes effect immediately and lasts six months, unless ended earlier by the Board of Supervisors. The Board may extend it once by resolution if additional review time is needed, but the extension must state an expiration date and cannot create an indefinite moratorium.
Applications deemed complete before the resolution’s effective date are exempt from the moratorium and must be processed under applicable County ordinances and policies, unless otherwise directed by the Board or required by law.
Ordinary repair, maintenance, or replacement work at a lawfully existing facility is allowed only when necessary to protect public health, safety, or welfare and when it does not establish, expand, or convert the facility into a data center.
Incidental server or computer equipment used primarily to support activities at the same premises is excluded from the data center definition and is therefore not subject to the moratorium.
Benefits & exceptionsHide benefits & exceptions5
Incidental server or computer equipment customarily maintained as an accessory use at an existing office, commercial, governmental, educational, medical, industrial, or other principal use is excluded from the definition of a data center and is not subject to the moratorium when primarily used to support activities on the same premises.
Applications deemed complete prior to the effective date may continue to be processed under applicable county ordinances and policies rather than being automatically halted by the moratorium, unless the Board directs otherwise or the law requires different treatment.
Ordinary repair, maintenance, or replacement work at a lawfully existing facility may continue during the moratorium when necessary to protect public health, safety, or welfare, provided the work does not establish, expand, or convert the facility into a data center.
The moratorium applies only to new data centers and substantial expansions, redevelopments, or conversions, so ordinary changes that do not qualify as a substantial expansion are not covered.
The Board of Supervisors may authorize county staff to accept, process, or approve applications that would otherwise be subject to the moratorium.
Sources
Specific to Marshall County only.
failed · County measureProhibits Marshall County from accepting or approving applications for new data centers or substantial expansions of existing ones for six months.Marshall County, Iowa Ordinance No. 2026-39 Proposed Data Center Moratorium (2026)
What this means
If enacted, it would stop the county from accepting or approving applications for new data centers and substantial expansions for six months, with a possible extension of up to 60 days. Existing complete applications and ordinary repairs are excepted, but the temporary moratorium would still make new projects and major expansions substantially harder during that period.
Timing
- Ends
- six (6) months after adoption
The moratorium remains in effect for six months after adoption. The Board may extend it one time by resolution for up to 60 additional days if additional review time is necessary.
People behind it
- Marshall County Board of Supervisors
Adopts the ordinance and establishes the temporary moratorium.
- County staff
Directed to refrain from accepting, processing, or approving covered applications and to prepare recommendations during the moratorium.
- Planning and Zoning Commission
Directed to conduct research and prepare recommendations regarding future regulation of the covered facilities.
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- County Attorney
Directed to conduct research and prepare recommendations regarding future regulation of the covered facilities.
Restrictions & requirementsHide restrictions & requirements5
Establishes a six-month moratorium, effective upon adoption, on accepting, processing, reviewing, approving, or issuing permits and other County authorizations for constructing, establishing, expanding, or operating data centers, artificial intelligence computing facilities, data mining facilities, and cryptocurrency mining operations.
The moratorium may be extended once for up to 60 additional days by Board resolution if more time is needed to review potential regulatory amendments.
Applies to new data centers and to the substantial expansion, redevelopment, or conversion of existing structures or uses for data center purposes, including changes that increase operational capacity, physical footprint, utility demand, or the facility’s primary data center function.
During the moratorium, County departments and officials must refrain from accepting, processing, or approving covered applications, unless authorized by the Board of Supervisors or required by law.
The moratorium applies to applications submitted on or after its effective date; applications deemed complete before that date may continue under existing County ordinances and policies unless otherwise directed by the Board or required by law.
Benefits & exceptionsHide benefits & exceptions5
Incidental server or computer equipment used as an accessory to an office, commercial, governmental, educational, medical, industrial, or other principal use is excluded from the definition of a Data Center and is not subject to the moratorium, if it primarily supports activities on the same premises. incidental server or computer equipment customarily maintained as an accessory use
Lawfully existing facilities may perform ordinary repairs, maintenance, and replacement work needed to protect public health, safety, or welfare, provided the work does not establish, expand, or convert the facility into a Data Center. ordinary repair, maintenance, or replacement work
Applications deemed complete before the ordinance takes effect may continue to be processed under the County's existing ordinances and policies, unless the Board directs otherwise or the law requires otherwise. Applications deemed complete prior to the effective date
The moratorium is temporary: it lasts six months, may be extended only once for up to 60 additional days, and cannot continue indefinitely without further legislative action. six (6) months, shall not be construed as authorizing an indefinite continuation
County staff may accept, process, or approve applications covered by the moratorium when otherwise authorized by the Board of Supervisors or required by law. except as otherwise authorized by the Board of Supervisors or required by law
Sources
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