The Data Center Divide
A policy snapshot ahead of the 2026 midterms. Mapping data center incentives, restrictions, and bans through legislation, regulations, and executive actions across all 50 states and 1,462 local jurisdictions.
Town of Brookhaven
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Pro-Data Center Policies
Brookhaven has enacted a temporary freeze on new data-center applications and approvals, including construction and modifications, through December 31, 2027. Existing approvals, complete pending applications, and operation of existing centers are exempt.
Rating from New York statewide as there are no scored current or future laws outside temporary restrictions for Town of Brookhaven.
current law · Town of BrookhavenEstablishes a temporary, town-wide moratorium on new data-center development while Brookhaven develops zoning rules addressing siting, compatibility, natural resources, noise, heat, visual impacts, water and energy use, resilience, and safety; the law was adopted on August 13, 2026 and became effective upon filing.New York Local Law No. 12 of 2026 (Town of Brookhaven), Chapter 17, Article I — Data Centers Moratorium
What this means
The measure would block new data-center applications and approvals, including for construction and modification, until it expires on December 31, 2027 (no new applications or approvals; expiration date). Existing approvals and complete, pending applications are excepted, and the measure does not prohibit operation of existing data centers; still, the temporary development freeze is a substantial barrier, fitting the -4 anchor.
Timing
- Ends
- Dec 31, 2027
The enacted moratorium expires on 2027-12-31. Suffolk County recommended limiting it to an initial 12-month period, with the Town returning to report on code updates and discuss whether an additional six-month extension is warranted.
People behind it
- Town Board of the Town of Brookhaven
Proposed, introduced, and adopted the local law establishing the data-center moratorium.
- Town of Brookhaven
Municipality that requested and administers the town-wide data-center moratorium.
- Town Clerk
Receives hardship-relief applications under the moratorium and transmitted the adopted local law for filing.
Show 1 more peopleShow fewer people
- Commissioner of Planning, Environment and Land Management
Was directed by the Town Board to develop comprehensive zoning regulations for data centers.
Restrictions & requirementsHide restrictions & requirements6
Moratorium on new data-center development: from the law’s effective date through December 31, 2027, Brookhaven may not review new applications or grant permits, licenses, or approvals for the erection, establishment, siting, location, construction, modification, or development of data centers.
The moratorium covers applications handled by any Brookhaven officer, department, board, or agency, including land-use approvals such as site plans, subdivisions, land divisions, variances, special permits, and zoning-district changes for data centers.
Existing building permits and other approvals, and applications that were filed, accepted as complete, and pending when the law became effective, are exempt from the prohibition. Complete applications must comply with Chapter 85, Planning Board regulations, and other applicable state and local requirements.
A property owner seeking hardship relief must submit a written application to the Town Clerk and satisfy all required findings: denial must cause unnecessary hardship substantially greater than harm to the public welfare; the project must have no adverse effect on the Town’s moratorium or zoning-planning objectives; and the project must be consistent with the community’s character and the ongoing planning effort.
Hardship relief is not available merely because the moratorium delays an application or delays a decision on a building permit, site plan, subdivision, land division, variance, special permit, zoning change, or other approval.
Hardship relief requires a public-hearing process: the Town Board must schedule a hearing within 30 days after receiving the application, provide at least five days’ notice in the official newspaper, and decide within 30 days after the hearing closes. Any relief must be limited to the minimum extent necessary.
Benefits & exceptionsHide benefits & exceptions4
Existing building permits and other existing approvals may continue to support data-center development despite the moratorium.
Applications that were filed, accepted as complete, and pending when the moratorium took effect may proceed, provided they comply with Brookhaven’s zoning, planning-board rules, and other applicable laws.
A property owner may seek a hardship exemption from the Town Board. Relief may be granted if strict compliance would cause an unnecessary hardship substantially greater than harm to the public, the project would not undermine the Town’s planning objectives, and the project fits the community’s character; any relief must be limited to the minimum necessary.
Customary accessory server rooms, network closets, and telecommunications rooms serving on-site office operations are excluded from the definition of a data center and therefore are not subject to this moratorium.
Sources
Data provided by Regbase · Cookie preferences · Report missing data