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The Data Center Divide

City of Boston

Mixed Data Center Policies

Massachusetts requires covered data-center projects above 25 megawatts to meet community-benefit and environmental safeguards for permits, while qualifying large projects can receive conditional tax breaks. Grid initiatives may support reliability, but their benefits are indirect; applications for the tax incentive are currently paused.

Rating and summary from Massachusetts statewide as there are no scored current or future laws outside temporary restrictions for City of Boston.

pending · City of Boston
Would prohibit new data centers in every Boston zoning district if adopted; the proposal is still pending.Boston Data Centers Zoning Code Amendment 2026-1718 (2026) — sponsored by City Councilor Miniard Culpepper

What this means

If enacted, this would ban new data centers throughout Boston by making them forbidden in every zoning district and barring their construction or expansion (citywide prohibition). Existing lawful centers could continue operating, but could not expand; the proposal is currently pending (status: Pending).

People behind it

  • Lead petitioner and sponsor; submitted the petition to amend the Boston Zoning Code.

  • Co-sponsor of the proposed zoning amendment.

  • Co-sponsor of the proposed zoning amendment.

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  • Co-sponsor of the proposed zoning amendment.

  • Co-sponsor of the proposed zoning amendment.

  • Co-sponsor of the proposed zoning amendment.

  • Co-sponsor of the proposed zoning amendment.

  • Co-sponsor of the proposed zoning amendment.

  • Co-sponsor of the proposed zoning amendment.

  • Co-sponsor of the proposed zoning amendment.

  • Co-sponsor of the proposed zoning amendment.

  • Submitted the petition to amend the Boston Zoning Code.

  • Responsible for adopting the text amendment and approving its effective date.

  • Responsible for administering the amendment.

  • Responsible for administering the amendment.

Restrictions & requirementsHide restrictions & requirements7
  • Data centers are prohibited as a forbidden use in every zoning district and subdistrict in Boston, and no property may be constructed, altered, expanded, or used as a data center.

  • A data center cannot avoid the prohibition by being classified as an office, warehouse, research laboratory, telecommunications facility, utility, manufacturing, storage, industrial, mixed-use, accessory, ancillary, or substantially similar use, or by being divided among multiple buildings, lots, tenants, operators, or development phases.

  • No conditional-use permit, zoning exception, zoning interpretation, administrative approval, planned development area, master plan, development plan, zoning map, use table, or Article 80 approval may authorize a prohibited data center.

  • Computing equipment is exempt only when it is accessory to a lawful principal use, primarily supports activities on the same premises, is not the building's primary use, does not occupy a majority of gross floor area, and does not consume a majority of the premises' dedicated electrical capacity.

  • A data center that was lawfully existing or lawfully begun before the amendment's effective date may continue under Article 9, but may not be enlarged, extended, reconstructed, or intensified except as expressly required by law.

  • For existing lawful data centers, increases in gross floor area, electrical capacity, computing capacity, generator capacity, cooling capacity, water demand, or the share of the building or lot devoted to the use count as prohibited enlargement or intensification.

  • Compliance with state permitting requirements, responsible-development standards, or Executive Order No. 658 does not make a data center an allowed or conditional use in Boston, and facilities with peak electricity demand of 25 megawatts or less receive no exemption from the citywide prohibition.

Sources

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