City of Keene
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Pro-Data Center Policies
Keene’s listing marks a two-year pause on building, expanding, and operating data centers, though its description calls the moratorium proposed; the land-use code allows them in some districts.
Rating from New Hampshire statewide as there are no scored current or future laws outside temporary restrictions for City of Keene.
current law · City of KeenePermits data centers by right in specified downtown, commercial, business, and industrial districts under Keene’s Land Development Code, while excluding residential and several other districts.Keene Land Development Code Chapter 102, Data Center Use
What this means
The proposed two-year moratorium would pause building, expanding, and operating data centers in Keene, making projects impossible during that time (moratorium proposal). Although the land-use code allows data centers in some districts, the temporary ban would outweigh that support.
Timing
- Ends
- two years
The proposal requests drafting a temporary, two-year moratorium on the construction, development, and operation of data centers and cryptocurrency mining facilities. It does not specify an adoption date or exact calendar expiration date and reflects a request to draft the ordinance rather than an enacted moratorium.
People behind it
- George Hansel
Mayor identified on the ordinance.
- City Council
Adopted the Land Development Code and has authority to adopt and amend the Zoning Regulations and official Zoning Map.
- Zoning Administrator
Administers the Zoning Regulations and interprets them.
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- Planning Board
Initiates, hears, and decides specified amendments and administers related permit applications and amendments.
- Joint Committee of the Planning Board and Planning, Licenses & Development Committee
Makes recommendations to the City Council on proposed Land Development Code amendments.
- Councilor Philip M. Jones
Requested drafting of the proposed two-year moratorium on data centers and cryptocurrency mining facilities and drafted Resolution R-2026-39.
- Councilor Laura E. Tobin
Requested the annual Roadway Safety Action Plan update.
- Paul Andrus
Community Development Director responsible for proposing Ordinance O-2026-14.
- Elizabeth Ferland
City Manager through whom Ordinances O-2026-14 and O-2026-15 and Resolution R-2026-40 were submitted.
- Donald Lussier
Public Works Director responsible for proposing Ordinance O-2026-15 and petitioner for Resolution R-2026-37.
- Rebecca Landry
Deputy City Manager who prepared revised language for Resolution R-2026-34-A.
- Bryan Ruoff
City Engineer responsible for submitting Resolution R-2026-40.
Restrictions & requirementsHide restrictions & requirements24
A proposed temporary two-year moratorium would prohibit the construction, development, and operation of data centers and cryptocurrency mining centers within the City of Keene.
Data centers are permitted only in the Downtown Growth, Downtown Edge, Commerce, Commerce Limited, Business Growth & Reuse, Corporate Park, Industrial, and Industrial Park zoning districts.
Data centers must comply with the applicable zoning-district dimensional and height limits; certain increases, including in the Industrial District, require a special exception.
In the Corporate Park District, no use may generate more than 100 tractor-trailer vehicle trips per day.
Data centers must provide on-site parking at 0.5 space per 1,000 square feet of gross floor area, excluding office space, plus 4 spaces per 1,000 square feet of office space.
Major site plan review is required for a new principal building over 5,000 square feet, projects generating at least 100 vehicle trips per day or 50 peak-hour trips, projects with more than 10,000 contiguous square feet of impervious surface, or disturbance of 1 acre or more. Minor site plan review applies to new buildings between 1,000 and 5,000 square feet subject to the stated thresholds.
Data-center development must comply with Article 21 site-development standards, and site work generally cannot begin until required Planning Board or staff approval is obtained.
Stormwater design may require a drainage report from a New Hampshire licensed engineer, must avoid increasing runoff onto adjacent properties or surface waters, and must use low-impact development measures unless on-site infiltration is impracticable.
Data-center sites must meet erosion and sediment-control requirements, including limits on soil and vegetation disturbance, protection of receiving waters and wetlands, stable slopes, and compliance with the New Hampshire Stormwater Manual unless the City Engineer approves otherwise.
Waste, loading, heating and cooling, electrical, and other areas likely to generate noise, dust, or disruptive conditions must be screened; ground-mounted mechanical equipment visible from a public right-of-way or adjacent property must be fully screened.
Outdoor lighting must use fully shielded or dark-sky-compliant fixtures, meet specified glare and footcandle limits, use white light no warmer than 3,500 Kelvin, and generally be turned off between 10:00 p.m. and 6:00 a.m., subject to security, operating, and 24-hour-business exceptions.
Data-center operations must comply with property-line sound limits of 70 dB(A) during the day and 55 dB(A) at night in nonresidential districts, or 60 dB(A) during the day and 50 dB(A) at night in residential districts.
Handling, storage, or processing of hazardous or toxic substances requires disclosure in site-plan materials, applicable state or federal permits and plans, and potentially an initial site characterization if the City identifies a possible health or environmental threat.
In the Surface Water Protection Overlay District, new structures, roads, driveways, parking lots, or stormwater facilities within the protected buffer generally require a Planning Board conditional use permit; certain hazardous-material storage and other listed uses are prohibited.
Development in a special flood hazard area requires a floodplain development permit before work begins and must satisfy specified elevation, anchoring, flood-resistant construction, utility-protection, drainage, and compensatory flood-storage requirements.
A data-center project in a special flood hazard area may require a floodplain variance, which must avoid increased flood heights and additional public-safety threats, must not create extraordinary public expense, and must provide only the minimum necessary relief. Variances are prohibited within a regulatory floodway.
A floodplain variance expires if the authorized use or structure has not begun within two years of final approval; an extension must be requested and heard as a new application.
Altering more than 20,000 square feet of precautionary slope area requires a Hillside Protection Overlay conditional use permit, and construction is prohibited in prohibitive slope areas except for specified exceptions.
City sewer and water capacity may be evaluated through technical studies at the applicant's expense, and all new development must comply with the City's industrial pretreatment program.
Building or altering a data center requires a permit, and the plans, specifications, and proposed use must conform to the Land Development Code. A permit issued contrary to the Code or based on a material misstatement or misrepresentation is void.
A data center may not be occupied, used, or changed in use until the Community Development Department issues a Certificate of Occupancy.
The Building and Health Official may issue a written stop-work order for construction that violates the Code or approved plans, is unsafe, lacks a required permit, or otherwise fails to comply; emergency violations may be ordered abated immediately.
Land Development Code violations or violations of approval conditions are subject to fines, and each day a violation continues after a stop-work order is issued is a separate violation.
Regulated earth excavation may require an earth-excavation permit, detailed mapping, erosion and sedimentation controls, impact monitoring, reclamation plans, supporting analyses, fees, and financial security in the form of a certified check or letter of credit; performance bonds are not accepted.
Benefits & exceptionsHide benefits & exceptions11
The Planning Board may delegate review of qualifying minor site plans to a technically qualified Minor Project Review Committee, allowing eligible minor data-center projects to be reviewed administratively rather than by the full Planning Board.
The fee schedule sets service-connection permit fees of $15 for commercial buildings and $30 for industrial buildings, plus engineering inspection fees of $55 per hour; a data center classified in either category can use these defined charges.
The measure creates a Sustainable Energy Efficient Development Overlay District Incentive application category with a $100 application fee for qualifying energy-efficient development projects, including data centers that meet the overlay requirements.
Data centers are permitted by right in the Downtown Growth, Downtown Edge, Commerce, Commerce Limited, Business Growth & Reuse, Corporate Park, Industrial, and Industrial Park districts, subject to applicable use-specific and site-development standards. Data Center P
Data centers have a minimum parking requirement of 0.5 space per 1,000 square feet of gross floor area excluding office space, plus 4 spaces per 1,000 square feet of office space. Data Center parking requirement
No on-site parking is required for data centers in the Downtown Growth District because the Code waives on-site parking requirements in the Downtown Core, Downtown Growth, and Downtown Limited districts, subject to the stated residential-use exception. No on-site parking is required
Eligible projects in the SEED A Overlay District may use alternative dimensional standards, including a maximum height of 6 stories, or 7 stories with first-floor parking, no minimum lot size, and 0-foot front, side, and rear setbacks. Eligibility requires green-building pre-certification, with final certification required before a certificate of occupancy. SEED A incentives
Eligible projects in the SEED B Overlay District may have more than one permitted principal use on a lot and may establish a principal-use parking lot. The project must satisfy the Code's green-building eligibility and certification requirements. SEED B use incentives
A lawfully established data center that later becomes nonconforming may continue operating, and the associated nonconforming rights run with the property despite changes in ownership or tenancy. Authority to continue
A nonconforming data-center use may be expanded or enlarged with Zoning Board of Adjustment approval if it does not violate the district's basic dimensional requirements and satisfies the Code's neighborhood, safety, and facility-adequacy findings. Enlargement or expansion
If a nonconforming data-center structure is damaged or destroyed without the owner's contributing fault, it may generally be repaired or rebuilt to its prior size without increasing the nonconformity, provided the required building permit is obtained within one year and the Code's replacement and damage thresholds are met. Restoration of damaged structures
Sources
pending · City of KeeneProposes a temporary moratorium on new data centers and cryptocurrency-mining facilities while Keene studies their impacts and develops zoning rules.Keene Joint Committee Review of Proposed Data Center and Cryptocurrency-Mining Definitions (2026)
What this means
If enacted, the moratorium would temporarily halt data-center projects, making it much harder to build or expand facilities during that time. The sources differ on its duration: an early proposal said two years, while later discussion limited it to no more than one year and aimed to avoid affecting existing centers and ordinary server rooms.
Timing
- Ends
- one year after enactment
The measure concerns a proposed moratorium on data centers and cryptocurrency mining facilities. Although the petitioner proposed two years, the Planning Board recommended a one-year moratorium, and the City Attorney stated that applicable law limits it to no more than one year. The ordinance had not yet been adopted, so no specific calendar expiration date or extension condition was stated.
People behind it
- Councilor Bobby Williams
Requested consideration of restrictions on 7-hydroxymitragynine and concentrated kratom products and sponsored the related motion.
- Councilor Edward J. Haas
Sponsored and seconded motions concerning the kratom restrictions and downtown-event dog restriction ordinance.
- Councilor Randy L. Filiault
Requested consideration of an ordinance regulating dogs at downtown events.
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- Councilor Philip M. Jones
Requested drafting of the temporary moratorium ordinance for data centers and cryptocurrency mining facilities and introduced Resolution R-2026-39.
- City Attorney Amanda Palmeira
Was directed to draft the proposed downtown-event dog restriction ordinance and advised on its ordinance process.
- Compliance Inspector Ryan Lawliss
Presented and administered the proposal to replace the City's food-service regulations with provisions based on the 2022 FDA Food Code.
- Fire Marshal Rick Wood
Participated in administering and implementing the proposed food-service ordinance amendments.
- Mayor Jay V. Kahn
Nominated Julie Odato for appointment to the Human Rights Committee.
- Paul Allen-Webber
Submitted the request to reconsider dog restrictions during the Pumpkin Festival.
- Kenneth Kost
Submitted the request for a comprehensive planning study of the Gilbo Avenue site.
- Warren Steinberg
Submitted the request for temporary free parking in active downtown construction zones.
- Councilor Laura Tobin
Requested the annual Roadway Safety Action Plan update.
- Eversource Energy
Requested temporary access to Old Gilsum Road and authorization to remove part of a boundary stone wall for its transmission-structure replacement project.
- Remy Schneider
Represented Eversource Energy in submitting its temporary-access and stone-wall-removal request.
- New Hampshire Department of Transportation
Proposed the Route 12 rumble-strip project and roadway-safety concepts for Route 9 and Whitcomb's Mill Road.
- Municipal Services, Facilities and Infrastructure Committee
Recommended or presented measures involving parks, Eversource access, roadway safety, airport renovations, infrastructure, wastewater-treatment-plant access, and roadway alterations.
- Finance, Organization and Personnel Committee
Recommended or presented fiscal-policy, wastewater HVAC, insurance-lien, personnel-fund, and other financial measures.
- Planning, Licenses and Development Committee
Recommended referral of the food-service ordinance and related downtown-event and development matters.
- Parks & Recreation Director
Presented the Robin Hood Park pool-renovation project and recommended the baseline renovation design.
- Public Works Director Donald R. Lussier
Proposed measures concerning wastewater-treatment-plant access, downtown infrastructure, the Thompson Road alteration, and the Roxbury Street stop-sign ordinance.
- Community Development Director Paul Andrus
Introduced and proposed the food-service-establishment ordinance.
- Deputy City Manager Rebecca Landry
Prepared revised fiscal-policy language and proposed the Opportunity Zone 2.0 endorsement.
- City Engineer Bryan Ruoff
Proposed the additional funding allocation for the Marlboro Street and Cheshire Rail Trail Improvements Project.
- Deputy City Clerk Kathleen Richards
Requested authorization to carry forward personnel funds for City Clerk's Office renovations.
- Assistant Clerk Heather Fitz-Simon
Jointly requested authorization to carry forward personnel funds for City Clerk's Office renovations.
- Andy Bohannon
Brought forward the Airport terminal renovation feasibility and grant pre-application.
- Ryan Cooley
Jointly advanced the Airport terminal renovation and Timber for Transit grant proposal.
- Kari Chamberlain
Proposed acceptance and designated use of listed donations.
- Elizabeth Ferland
Administered related City proposals through the City Manager's office.
- Mari Brunner
Submitted the recommendation to accept Alexander Von Plinsky's Conservation Commission resignation.
- Alyssa Bender
Submitted the recommendation to accept Dottie Morris's Human Rights Committee resignation.
- Erik Murphy
Submitted the petition seeking safety improvements at the South Lincoln Street and Roxbury Street intersection.
- Bill Siemer
Was responsible for the Gilbo Avenue Solar Pavilion conceptual-design proposal.
- NXTGEN Clean Energy Solutions
Was responsible for the Gilbo Avenue Solar Pavilion concept development and refinement.
- Jacob R. Lake
Requested the fiscal-policy criteria that prompted the revised Resolution R-2026-34-A.
- Christian Tarr
Advanced the request for the $32,000 wastewater-treatment-plant HVAC appropriation.
- Keene Planning Board
Recommended that the City Council pursue a one-year moratorium ordinance on data centers and similar uses and provided supporting findings.
- Keene City Council
Requested written findings from the Planning Board and was identified as the body to pursue the temporary moratorium ordinance.
Restrictions & requirementsHide restrictions & requirements1
A proposed moratorium would prohibit the construction, development, and operation of data centers and cryptocurrency-mining facilities (or similar uses) in Keene while regulations are developed; the proposal was described as two years in some materials, while later materials recommended one year and cited state law as limiting a moratorium to no more than one year.
Benefits & exceptionsHide benefits & exceptions3
The Land Development Code defines data centers and permits them broadly without special restrictions.
Any data-center moratorium would be temporary and limited by state law to no more than one year.
A moratorium would use narrow definitions that exclude ordinary server rooms, including the City's own IT servers.
Sources
pending · City of KeeneRecommends that the City Council pursue a one-year moratorium on data centers, cryptocurrency-mining facilities, and similar uses while Keene evaluates and adopts appropriate regulations; the recommendation and findings are not an enacted moratorium or binding development restriction.Keene Planning Board Recommendation for One-Year Moratorium on Large-Scale Data Centers (2026)
What this means
The Planning Board recommended a one-year moratorium on data centers and similar uses, which would pause new development while the City studies rules and impacts (one-year moratorium). That would be a major temporary barrier to building or expanding facilities, but the source describes a recommendation—not an enacted ordinance.
Timing
- Ends
- one year
The Planning Board recommended that City Council pursue an ordinance enacting a one-year moratorium. The source does not specify when the period would begin or state an extension condition; it describes a recommendation, not an enacted moratorium.
People behind it
- Councilor Philip M. Jones
Requested consideration of an ordinance establishing a temporary moratorium on data centers and cryptocurrency mining facilities.
- Planning Board
Unanimously recommended that City Council pursue a one-year moratorium on data centers or similar uses.
Restrictions & requirementsHide restrictions & requirements1
The Planning Board unanimously recommended that the City Council pursue an ordinance imposing a one-year moratorium on data centers or similar uses. The sources describe this as a recommendation, not an enacted moratorium.
Sources
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