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 Clay
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Pro-Data Center Policies
Clay’s enacted local law pauses zoning-change and special-permit applications for large data centers and similar computing uses for 12 months, delaying new projects. It does not appear to stop existing facilities from operating.
Rating from New York statewide as there are no scored current or future laws outside temporary restrictions for Town of Clay.
current law · Town of ClayThis law imposes a temporary 12-month moratorium on zoning-change and special-permit applications for large-scale data centers, artificial-intelligence computing facilities, cryptocurrency-mining operations, and similar high-intensity computing uses.New York Town of Clay Local Law No. 6 of 2026
What this means
The measure pauses zoning-change and special-permit applications for large data centers and similar computing uses for 12 months, creating a major delay for new projects. It is temporary and does not appear to stop existing data centers from operating, but the moratorium makes development substantially harder during that period.
Timing
- Ends
- six months after filing of the Local Law
The moratorium becomes null and void six months after filing, unless the Town Board extends or terminates it earlier.
People behind it
- Town Board of the Town of Clay
Proposed, adopted, and approved the local laws and approved the Community Host Agreement.
- Joseph Bick
Deputy Supervisor and councilor who moved adoption of the resolutions approving Local Law No. 6, Local Law No. 7, and the Community Host Agreement.
- Jill Hageman-Clark
Town Clerk who certified the adoption and filed the local law documentation.
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- Town of Clay
Local government that enacted and administers the measures and entered into the Community Host Agreement.
- Micron New York Semiconductor Manufacturing, LLC
Counterparty to the Community Host Agreement with the Town of Clay.
Restrictions & requirementsHide restrictions & requirements2
A temporary moratorium prohibits zone-change or special-permit applications for large-scale data centers, artificial-intelligence computing facilities, cryptocurrency-mining operations, and similar high-intensity computing uses and complexes while the Town studies the issue and considers a new law. The approved resolution describes the moratorium as lasting 12 months.
For large-scale projects costing $100 million or more, Local Law No. 7 authorizes adjusted building-permit fees rather than the ordinary fee formula, creating the potential for additional permit costs. It also allows voluntary Community Host Agreements, under which a developer may agree to provide additional payments to the Town.
Benefits & exceptionsHide benefits & exceptions2
Allows adjusted or waived building-permit fees for large-scale projects costing $100 million or more, which can reduce the permitting cost for a qualifying data center. The adjustment is authorized through Local Law No. 7 and becomes effective upon filing with the New York Secretary of State.
Authorizes voluntary Community Host Agreements for qualifying large-scale projects, allowing a data-center developer and the Town to negotiate project-related payments instead of relying solely on the ordinary permit-fee formula. The agreements may support infrastructure and community improvements, remain voluntary for the developer, and are subject to Town Board approval and public financial controls.
Sources
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