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The Data Center Divide

South Branch Township

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

Mixed Data Center Policies

South Branch Township’s enacted ordinance pauses nearly all data-center applications, approvals, construction, and expansion for nine months, with possible six-month extensions until regulations are adopted; routine repairs remain allowed.

Rating from Michigan statewide as there are no scored current or future laws outside temporary restrictions for South Branch Township.

current law · South Branch Township
Temporarily prohibits new data center applications, approvals, permits, construction, and expansion in South Branch Township for nine months, with possible extensions.South Branch Township Crawford County, Michigan Ordinance No. 2 of 2026, Data Center Moratorium Ordinance

What this means

The ordinance would pause nearly all data-center applications, approvals, construction, and expansion for nine months, with possible extensions in six-month steps until regulations are adopted (a temporary moratorium). Existing facilities could still receive ordinary repairs and maintenance, but the broad development pause is a major barrier; it does not expressly prohibit routine operation of existing centers.

Timing

Ends
nine (9) months after passage and publication

The moratorium ends after nine months, unless the Township implements data-center regulations sooner. It may be extended by resolution for periods of six months or less. If an extension exceeds nine months and causes immediate and irreparable harm, a landowner may apply for a waiver.

People behind it

  • Enacted the Data Center Moratorium Ordinance and is authorized to extend or waive the moratorium.

Restrictions & requirementsHide restrictions & requirements6
  • A nine-month moratorium bars the application, permitting, consideration, approval, location, erection, construction, review, and installation of all data centers. The Township may extend it for periods of six months or less by resolution, or end it earlier by adopting data-center regulations. temporary moratorium ... for a period of nine (9) months

  • During the moratorium, no development application involving a data center may be submitted, accepted, deemed complete, or approved by the Township Board, Planning Commission, Zoning Administrator, Zoning Board of Appeals, or another designated Township agent. No application for development involving a data center shall be submitted

  • No zoning, site-plan, subdivision, conditional-use, or variance approval may be granted for a data center during the moratorium. No zoning, site plan, subdivision, conditional use, or variance approvals shall be granted

  • No building permit may be issued for constructing or expanding a data center during the moratorium. No building permits shall be issued for construction or expansion of a data center

  • The moratorium does not apply to applications deemed complete before the ordinance was adopted or to ordinary repair or maintenance of legally existing facilities. A narrow exception allows minor accessory server facilities only when they are clearly incidental to a permitted principal use, an affidavit confirms that connection, and the work does not expand an existing colocation data center. Exceptions

  • If the moratorium is extended beyond nine months, a landowner seeking relief must apply in writing, attend a public hearing, and prove immediate and irreparable harm caused by the extension. Any waiver is discretionary and may be granted only to the extent necessary to avoid that harm. the landowner must bear the burden of demonstrating immediate and irreparable harm

Benefits & exceptionsHide benefits & exceptions4
  • Applications for data-center developments that were deemed complete before the ordinance was adopted are exempt from the moratorium.

  • Legally existing data centers may continue ordinary repair and maintenance during the moratorium.

  • Minor accessory server facilities may proceed when clearly incidental to a permitted principal use and supported by an affidavit confirming that connection; this exception does not allow expansion of an existing colocation data center.

  • If the Township extends the moratorium beyond nine months, a landowner may apply for a waiver by showing immediate and irreparable harm; after a public hearing, the Board may grant a waiver to the extent necessary to avoid that harm.

Sources

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