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Regbase

The Data Center Divide

Otsego County

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

Mixed Data Center Policies

Otsego County has an enacted moratorium ordinance, though its description says “if enacted”; it pauses data-center applications for 180 days, extendable by up to 180 days, but is not a permanent ban.

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

Specific to Otsego County only.

current law · County measure: Municipalities in Otsego County for which Otsego County is responsible for zoning
Prohibits Otsego County from accepting or processing data-center applications for up to 180 days while it reviews its regulations, with a possible extension of up to another 180 days.Otsego County Ordinance No. 2026-01, Data Center Moratorium Ordinance (2026)

What this means

If enacted, this ordinance would prevent the county from accepting or processing data-center applications for 180 days, with a possible extension of up to another 180 days (moratorium period). That creates a major, though temporary, barrier to building or expanding data centers while the county studies possible rules; it does not permanently ban them.

Timing

Ends
180 days after the effective date, or when amended or new data-center ordinances or regulations take effect, whichever occurs first

The Board may extend the moratorium by ordinance amendment for up to an additional 180 days beyond the initial period. Any further extension must be enacted by separate ordinance.

People behind it

  • Adopted and administered the county resolutions, zoning approvals, and Data Center Moratorium Ordinance.

  • Reviewed and recommended the zoning changes, Future Land Use Map update, campground and development permits, and Data Center Moratorium Ordinance.

  • Introduced or moved approval of multiple county resolutions, including the millage renewals, opioid-settlement participation, judicial-center funding, and zoning-preemption opposition.

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  • Co-sponsored or seconded motions for the opioid-settlement participation, judicial-center funding, and related county measures.

  • Co-sponsored or seconded motions for the opioid-settlement participation, recycling millage renewal, and county budget measures.

  • Introduced or co-sponsored motions approving the zoning changes and Data Center Moratorium Ordinance and proposed an amendment to the parks millage.

  • Co-sponsored motions for the parks and recycling millage measures and the Livingston Township zoning approvals.

  • Co-sponsored the judicial-center funding measure and the Community Center review motion.

  • Co-sponsored the judicial-center funding measure and proposed an amendment to the parks millage.

  • Introduced the Planning Commission recommendation for the Data Center Moratorium Ordinance.

  • Introduced or co-sponsored Planning Commission recommendations concerning the Future Land Use Map and special-use approvals.

  • Introduced Planning Commission recommendations for the Livingston Township rezoning requests.

  • Co-sponsored Planning Commission motions concerning zoning and special-use approvals.

  • Introduced the Planning Commission motion approving the Black Bear Campground special-use permit.

  • Introduced the Planning Commission motion approving the Treetops Resort special-use permit amendment.

  • Property owner and requesting party for the rezone from B2 General Business to B3 Business, Light Manufacturing.

  • Applicant for the Cougar Creek Ranch LLC rezone request.

  • Property owner and requesting party for the Livingston Township rezone from AR Agricultural Resource to R1 Residential.

  • Applicant and representative for the Robert Wilber rezone request.

  • Property owner and applicant for the Black Bear Campground special-use permit.

  • Owners and applicants for the Black Bear Campground special-use permit.

  • Owner and requesting party for the amendment to the Treetops North Planned Unit Development.

  • Representative for Treetops Resort in the special-use permit amendment request.

  • Applicant for the amendment to the private recreational facility special-use permit.

  • Owner and requesting party for the Kent Family Farms special-use permit amendment.

Restrictions & requirementsHide restrictions & requirements4

  • A moratorium prohibits the acceptance or processing of any applications for data centers in municipalities for which Otsego County is responsible for zoning.

  • The moratorium lasts 180 days after the ordinance’s effective date, or until amended or new data-center regulations take effect, whichever occurs first.

  • The County may extend the moratorium by ordinance amendment for up to an additional 180 days beyond the initial moratorium period; any further extension requires a separate ordinance.

  • The ordinance becomes effective seven days after publication in a newspaper of general circulation in Otsego County.

Sources

expired · County measure
Prohibits Otsego County from accepting or acting on data-center zoning applications for 180 days, unless the County grants relief after a petitioner’s hearing.Otsego County Resolution OCR 26-05 (2026)

What this means

The measure would pause data-center zoning applications for 180 days, and the county Planning Commission recommended a six-month moratorium ordinance, with the option of another six months (six-month Data Center Moratorium Ordinance). That is a major, though temporary, barrier to building or expanding data centers; property owners could seek an exception in limited circumstances.

Timing

Ends
180 days from the date of the Resolution

The moratorium applies to data-center zoning applications and expires after 180 days unless terminated or extended earlier by a subsequent ordinance or resolution. The Planning Commission also recommended an option to extend the moratorium for an additional six months if needed.

People behind it

  • Moved the Planning Commission’s February 5, 2026 recommendation for a six-month data center moratorium resolution or ordinance.

  • Seconded the February 5 recommendation and moved the April 20 recommendation for a counsel-collaborated six-month Data Center Moratorium Ordinance.

  • Recommended adoption of the data center moratorium and further development of ordinance language.

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  • Introduced and adopted OCR 26-05, establishing the temporary moratorium on data center zoning applications.

  • Assigned responsibility under OCR 26-05 to study data center regulation and develop proposed zoning ordinance amendments.

  • Assigned responsibility under OCR 26-05 to assist in studying and developing proposed data center zoning regulations.

  • Assigned responsibility under OCR 26-05 to participate in studying the law and developing proposed data center zoning ordinance amendments.

Restrictions & requirementsHide restrictions & requirements4

  • A temporary moratorium prohibits Otsego County entities, officials, and agents from considering or taking action on zoning applications for data centers for 180 days from February 24, 2026, unless the moratorium is terminated or extended earlier.

  • During the moratorium, no new data center may be accepted for review, considered, approved, or otherwise allowed.

  • An aggrieved property owner or business may request an expedited hearing before the County Board of Commissioners to seek relief by demonstrating that the moratorium precludes all viable economic use of the property or violates state or federal law.

  • The Planning Commission recommended a counsel-collaborated six-month data center moratorium ordinance, with an expressed option to extend the moratorium for an additional six months if needed.

Benefits & exceptionsHide benefits & exceptions2

  • An aggrieved data-center property owner or business may receive an expedited hearing to show that the moratorium would eliminate all viable economic use of the property or violate state or federal law. If proven, the Board must grant relief from the moratorium to the extent necessary to correct the problem.

  • The moratorium is limited to 180 days from adoption, unless it is terminated earlier or extended by a later ordinance or resolution.

Sources

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