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The Data Center Divide

City of Somersworth

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

Pro-Data Center Policies

Somersworth city has an enacted measure described as pausing new data-center and related-project approvals for 365 days while preserving existing approvals and exceptions; its rationale inconsistently says “if enacted.”

Rating from New Hampshire statewide as there are no scored current or future laws outside temporary restrictions for City of Somersworth.

current law · City of Somersworth
Establishes an immediate, 365-day temporary moratorium on Township zoning action for data centers, related uses, energy-producing or energy-storage facilities, and commercial or industrial high-energy-use facilities in all zoning districts, while the Township develops updated zoning standards and procedures (resolution and meeting minutes).Richfield Township Resolution 021726-01 (2026)

What this means

If enacted, the measure would pause new approvals for data centers and related projects across the township for 365 days, making development and expansion substantially harder. Existing approvals and limited exceptions remain, so it is a serious temporary barrier rather than a ban on operating data centers.

Timing

Ends
365 days beginning on the Effective Date, immediately upon adoption on 2026-02-17

The specific calendar expiration date is left blank in the resolution. The moratorium may be terminated early by subsequent resolution after adequate zoning amendments and administrative procedures are adopted, and may be extended by resolution if additional time is required.

People behind it

  • Made the motion to adopt Resolution No. 021726-01.

  • Presented the temporary moratorium resolution, presented the draft resolution proposing the moratorium, and seconded the adoption motion.

  • Adopted the resolution establishing the 12-month moratorium and directed its implementation.

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  • Was directed to help administer the moratorium and prepare proposed zoning and administrative updates.

  • Was directed to help prepare proposed zoning updates during the moratorium period.

  • Was directed to assist with preparing zoning and administrative updates during the moratorium period.

  • Were authorized, where lawfully retained, to assist with preparing zoning and administrative updates during the moratorium period.

Restrictions & requirementsHide restrictions & requirements5

  • An immediate 365-day moratorium prohibits the Township from accepting, receiving, processing, issuing, granting, or approving applications for data centers or related uses in any zoning district, including zoning certificates and building-permit zoning clearances. temporary moratorium ... for Data Center Facilities or Related Uses

  • During the moratorium, the Township may not schedule or conduct discretionary proceedings, including conditional uses, variances, development plans, or site plans, or approve privately initiated rezoning petitions or text amendments primarily intended to authorize a data center or related use, unless a hardship exception is granted. shall not schedule or conduct discretionary approval proceedings

  • Construction, grading, or site work undertaken in reliance on an approval issued in violation of the moratorium is unauthorized and subject to enforcement. Any construction, grading, or site work

  • A hardship exception requires a written request, detailed hardship narrative, supporting evidence, sworn completeness statement, required fees or escrow, a public hearing, a written recommendation, and Board adoption of a resolution. The applicant must prove specified conditions, including unique non-self-created economic hardship, inability to obtain a reasonable return during the moratorium, substantial good-faith expenditures, protection of public health and safety, and compliance with applicable laws. hardship exception process

  • Previously approved rights and complete applications filed before the moratorium took effect are preserved, but informal discussions, concept reviews, correspondence, utility discussions, and incomplete submissions do not create vested rights or require the Township to accept a filing during the moratorium. Pre-application meetings, concept reviews

Benefits & exceptionsHide benefits & exceptions4

  • Routine maintenance, repair, or replacement of an existing, lawfully established data center is exempt from the moratorium, provided it does not increase approved building area, operational capacity, or add new principal structures.

  • Previously approved rights are preserved, so the moratorium cannot revoke or impair a data center zoning approval finally granted before the resolution’s effective date.

  • Complete applications filed before the effective date are excluded from the moratorium. The application must have been complete, date-stamped, and received by the Township before the effective date.

  • A hardship exception process allows a data-center applicant to seek permission during the moratorium. The applicant must prove a unique, non-self-created unreasonable economic hardship, inability to obtain a reasonable return, substantial good-faith expenditures made without knowledge of the moratorium, feasibility consistent with public safety, and compliance with other laws. Approval requires a public hearing and a Board resolution.

Sources

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