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Regbase

The Data Center Divide

Cheboygan County

This restriction takes precedence while in effect. The rating below excludes temporary restrictions.

Mixed Data Center Policies

Cheboygan County has enacted a pause on processing data-center applications for up to one year, possibly ending sooner if zoning amendments take effect; existing operations are not barred.

Rating from Michigan statewide as there are no scored current or future laws outside temporary restrictions for Cheboygan County.

Specific to Cheboygan County only.

current law · Unincorporated areas
Pauses the county’s acceptance and processing of data-center applications for up to one year, or until new zoning rules take effect, whichever comes first.Cheboygan County Zoning Ordinance Amendment No. 191 (2026)

What this means

If enacted, the measure would pause acceptance and processing of data-center applications for up to one year, substantially delaying new projects and expansions that need county approval. It does not say existing data centers must stop operating, and the pause could end sooner if zoning amendments take effect.

Timing

Ends
One year after the effective date of the ordinance imposing the moratorium, or when the applicable zoning ordinance amendment(s) become effective, whichever occurs first.

The moratoria cover specified large-scale renewable-energy projects and data centers, with stated exceptions for certain smaller or private energy systems. The County Board may extend either moratorium by resolution before expiration. One account reports that the moratorium was rescinded on 2026-02-24, creating some ambiguity, but the ordinance materials specify the one-year-or-earlier-amendment expiration rule.

People behind it

  • Presented the resolution and moved adoption of Zoning Ordinance Amendments Nos. 189, 190, and 191.

  • Moved to adopt Cheboygan County Resolution 2026-03.

  • Seconded adoption of Cheboygan County Resolution 2026-03 and Zoning Ordinance Amendment No. 189.

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  • Seconded the motion to adopt Zoning Ordinance Amendment No. 190.

  • Seconded the motion to adopt Zoning Ordinance Amendment No. 191.

  • Prepared and presented Zoning Ordinance Amendments Nos. 189, 190, and 191 for the Planning and Zoning Department.

  • Adopted the zoning ordinance amendments, imposed and rescinded related moratoria, and is responsible for ordinance enforcement.

  • Conducted public hearings, recommended approval of the amendments, and may initiate or recommend further amendments.

  • Administers and enforces the zoning ordinance and reviews zoning applications.

  • May initiate proposed zoning ordinance amendments affecting their property.

Restrictions & requirementsHide restrictions & requirements2

  • The County temporarily prohibits accepting or processing applications for data centers. The moratorium lasts one year after the ordinance's effective date or until zoning amendments regulating data centers take effect, whichever occurs first, and the Board of Commissioners may extend it by resolution before expiration.

  • The moratorium ordinance becomes effective eight days after adoption is published in a newspaper of general circulation, creating an eight-day waiting period before the restriction takes effect.

Benefits & exceptionsHide benefits & exceptions4

  • Unlisted uses may be approved through a special land use permit in the D-CM, D-LI, D-GI, M-AF, D-RC, P-RC, and certain Village Center districts if the Planning Commission finds that the use is generally similar to permitted or special-permit uses and complies with the Comprehensive Plan. This creates a discretionary permitting pathway for a data center.

  • The Planning Commission may approve building heights above the otherwise applicable maximum, with no stated upper limit, after a public hearing if the additional height does not significantly interfere with scenic views, does not conflict with airport restrictions, keeps building, parking, and other impervious-surface coverage at 50% or less, and provides compensating ground-level open space or otherwise improves site design.

  • During site-plan review, the Planning Commission may waive a specific information requirement or approval standard when it determines that the requirement does not apply to the development and that the waiver would not significantly harm surrounding property or the ordinance's purpose.

  • Planned Projects may combine compatible permitted uses with uses approved by special land use permit and may allow exceptions of up to 30% to minimum lot size, yard setbacks, dwelling floor area, and parking requirements, subject to Planning Commission findings and other limits. The project must use only uses permitted or eligible for special-use approval in the district and generally must cover at least five contiguous acres.

Sources

current law · Unincorporated areas
Temporarily prohibits Cheboygan County from accepting or processing data-center applications for up to one year, or until new zoning rules take effect, whichever comes first.Cheboygan County Resolution 2026-03 (2026)

What this means

The measure would pause acceptance and processing of data-center applications for up to one year, unless zoning amendments take effect sooner; the county could extend the pause by resolution (one-year moratorium). It would not itself ban existing data centers from operating, but it would make new projects—and expansions requiring applications—substantially harder to move forward during the pause.

Timing

Ends
One year after the effective date of the applicable ordinance, or earlier when a corresponding zoning ordinance amendment becomes effective, whichever occurs first.

The renewable-energy moratorium covers Level 3 Solar Energy Facilities, Type II Level 2 Energy Systems, Public Wind Generators, and Electrical Energy Storage Systems; it does not apply to Level 1 Solar Energy Systems, Type I Level 2 Solar Energy Systems, Private Wind Energy Generators, or associated storage systems. The data-center moratorium applies to data-center applications. The County Board may extend either moratorium by resolution to allow additional review, with notice of an extension published on the County website. All other provisions remain.

People behind it

  • Adopted Zoning Ordinance Amendments #189, #190, and #191 and Resolution 2026-03 imposing the temporary moratoria.

  • Held the public hearings and unanimously recommended approval of Amendments #189, #190, and #191.

  • Presented Resolution 2026-03 to the Board of Commissioners.

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  • Moved adoption of Resolution 2026-03.

  • Seconded the motion to adopt Resolution 2026-03.

  • Prepared the materials and recommendations for Amendments #189, #190, and #191 for the Department of Planning and Zoning.

  • Administered and prepared the amendment materials submitted to the Board of Commissioners.

  • County Clerk/Register who certified Resolution 2026-03 and the related Board action.

Restrictions & requirementsHide restrictions & requirements3

  • A temporary moratorium prohibits the acceptance and/or processing of applications for data centers. It lasts one year after the ordinance’s effective date or until amendments to the Zoning Ordinance regulating data centers become effective, whichever occurs first.

  • The Board of Commissioners may extend the data-center moratorium by resolution before it expires, allowing additional time to complete zoning amendments; any extension must be announced on the County website.

  • The moratorium was enacted through a County ordinance adopted by the Board of Commissioners following Planning Commission review and a public hearing, rather than through ordinary application processing.

Sources

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