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.
Town of Essex
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 Town of Essex.
pending · Town of EssexProposes to define data centers and prohibit their development in Essex until January 1, 2028, while the town studies their impacts.Town of Essex 2026 Fall Town Meeting Warrant — Article 4: Temporary Moratorium on Data Centers
What this means
If enacted, the proposal would block permits and land uses that create data centers anywhere in Essex until January 1, 2028, unless the Planning Board lifts the moratorium after a public hearing. It does not expressly prohibit continued operation of existing data centers, but the townwide, temporary ban would make new development and expansion substantially harder during that period.
Timing
- Ends
- Jan 1, 2028
The temporary moratorium prohibits development of data centers until this date. The Planning Board may lift it earlier only after a public hearing with notice under Massachusetts General Laws, Chapter 40A, Section 5.
People behind it
- Building Inspector
Requested the zoning-fines article.
- Manchester Essex Regional School District
Authorized the borrowing for the Essex Elementary School replacement project.
- School Building Committee
Directs expenditure of funds for the Essex Elementary School replacement project.
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- Board of Selectmen
Responsible for hiring the full-time fire chief under the proposed Fire Chief Statute.
- Tax Aid Committee
Would administer the proposed Elderly and Disabled Taxation Fund.
- Board of Public Works
Proposed and would administer the water-plant, water-and-sewer-rate-study, and public-works-equipment measures.
- Chief of Police
Requested replacement of an aging police vehicle.
- Community Preservation Committee
Reviews and recommends projects for funding under the Community Preservation Projects article.
- Finance Committee
Manages the Reserve Fund and participates in proposed fiscal-year budget adjustments.
- Planning Board
Conducts the public hearing and reviews the proposed zoning articles for the Fall Town Meeting.
- Town officials
Would review data-center impacts and develop mitigation measures during the proposed temporary moratorium.
Restrictions & requirementsHide restrictions & requirements2
A temporary moratorium prohibits issuing any building permit for work, or making any use of land, that results in developing a data center anywhere in Essex until January 1, 2028. The Planning Board may lift the moratorium only after a properly noticed public hearing. Temporary Moratorium on Data Centers
Battery energy storage systems, including systems used as an accessory use to another facility, would require a Planning Board special permit. This could add a permitting requirement to a data-center project that includes a battery energy storage system. Uses Requiring a Special Permit
Sources
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