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 East Fishkill
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Pro-Data Center Policies
East Fishkill has enacted a three-year restriction that blocks most data-center proposals and pauses reviews on undeveloped industrial land until the end of 2026, with limited exceptions.
Rating from New York statewide as there are no scored current or future laws outside temporary restrictions for Town of East Fishkill.
current law · Town of East FishkillExtends and imposes moratoria to allow further study of industrial land, data centers, water and power consumption, noise, heat, and related environmental concerns.Town of East Fishkill Local Law No. 3 of 2026
What this means
The measure would block most data-center proposals for three years and stop development applications on undeveloped industrial land from being reviewed until the end of 2026. It has limited exceptions for certain smaller or specially approved projects, so it is not a total ban, but it would make building or expanding data centers substantially harder (“no Data Center shall be permitted or considered”).
Timing
- Ends
- Industrial-district moratorium: 2026-12-31; data-center moratorium: three years, with the law otherwise stating it remains in effect until 2029-07-01
The moratorium on processing development applications in undeveloped industrial districts lasts until 2026-12-31. The separate data-center moratorium lasts for three years, while Section Three states that the Local Law remains in effect until 2029-07-01. Existing approvals, appropriate modifications or expansions, and projects eligible for and granted an Economic Development Special Permit are excepted.
People behind it
- Town Board of the Town of East Fishkill
Adopted Local Law No. 3 of 2026, which extends, consolidates, and imposes the moratorium.
- Peter J. Cassidy
Town Clerk who filed the local law with the New York State Department of State and certified the adopted measure.
Restrictions & requirementsHide restrictions & requirements3
Until December 31, 2026, Town boards may not process, review, or accept development applications for undeveloped land in the Town’s Industrial Districts. Existing approvals may be modified or expanded, and projects eligible for and granted an Economic Development Special Permit may proceed.
Data centers may not be permitted or considered for three years, while federal and state studies address power consumption, water usage, noise, and heat. The measure is effective until July 1, 2029.
The data-center prohibition does not apply to a data center ancillary to an existing or permitted use if it is less than 20 megawatts, or to a project eligible for an Economic Development Special Permit.
Benefits & exceptionsHide benefits & exceptions5
Industrial properties with existing development are not subject to the moratorium on processing, reviewing, or accepting development applications; the restriction applies only to industrial lands containing no existing development.
Projects with existing approvals may modify and expand as appropriate during the moratorium.
A project eligible for and granted an Economic Development Special Permit may proceed during the moratorium.
A data center may be permitted or considered if it is ancillary to an existing or permitted use and has a capacity of less than 20 megawatts.
A data center eligible for an Economic Development Special Permit may be permitted or considered despite the three-year data-center moratorium.
Sources
Data provided by Regbase · Cookie preferences · Report missing data