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Town of East Greenbush

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

Pro-Data Center Policies

East Greenbush is labeled as having enacted a temporary law, though its description says “if enacted”: it pauses approvals, prohibits data-center use and expansions for up to 12 months, while allowing existing centers to operate and limited hardship relief.

Rating from New York statewide as there are no scored current or future laws outside temporary restrictions for Town of East Greenbush.

current law · Town of East Greenbush

Would impose a temporary moratorium on data-center development and land-use approvals throughout East Greenbush to allow the Town Board to study effects on zoning, the environment, infrastructure, public health, water, energy, noise, safety, and community character.New York Local Law No. 3 of 2026 (Town of East Greenbush)

What this means

If enacted, this would be a major but temporary barrier: for up to 12 months, East Greenbush would stop data-center approvals, prohibit data-center use, and bar expansions (six months, with a possible six-month extension). Existing approved centers could keep operating, and the town could grant limited hardship relief, so it would not be a permanent total ban (pre-existing, non-conforming use).

Timing

Ends: Earlier of six months after the effective date, an extension period of up to six additional months adopted by Town Board resolution before the initial expiration, or the effective date of a duly enacted repeal.

The moratorium and prohibition expire under the stated ending conditions. The Town Board adopted the local law on July 15, 2026; the effective date is immediately upon filing with the New York Secretary of State, and the sources do not state when that filing occurs.

People behind it

East Greenbush Town Board
Introduced the draft local law and adopted Local Law #3 of 2026 (introduced a draft Local Law; (adopts Local Law #3).

Restrictions & requirementsHide restrictions & requirements6

For the moratorium period, the Town may not accept, process, approve, conditionally approve, or issue Town-level land-use applications or approvals for constructing, establishing, using, or operating a data center on any property in the Town, whether as a principal or accessory use. No application ... shall be accepted
No person may use, cause, or permit land, water, a building, or another structure in the Town to be used as a data center. No Person shall use
The moratorium begins on the law’s effective date and expires after six months unless the Town Board adopts an extension by resolution before expiration; one extension of up to six additional months is permitted, making the maximum period one year. It may end earlier upon a duly enacted repeal. expire on the earlier date
A data center duly approved by the effective date and operating in compliance with applicable laws and permits may continue as a pre-existing, nonconforming use. Expansion is prohibited during the moratorium; ordinary repairs, rehabilitation, maintenance, and interior renovations are allowed only if they do not increase the nonconformity or create a new one. Any expansion ... shall not be permitted
The Town Board may grant a hardship variance upon application, but the applicant must show unnecessary hardship, including that every permitted use in the zoning district cannot yield a reasonable return supported by financial evidence, the hardship is unique and not self-created, and the variance would not alter neighborhood character. Any variance must be the minimum needed, and the applicant must comply with applicable land-use regulations in force when it is approved. cannot realize a reasonable return
Failure by the Town Board, Planning Board, Zoning Board of Appeals, or Code Enforcement Officer to act on an application cannot result in approval by default or through expiration of a response deadline. approval by default

Benefits & exceptionsHide benefits & exceptions4

The definition excludes existing facilities operated by public research institutions for research purposes and existing facilities serving an associated manufacturing use, so those facilities are outside the measure’s data-center restrictions. “not to include existing facilities”
A data center duly approved by the effective date may continue operating as a pre-existing, nonconforming use, provided it complies with applicable laws and required permits. Expansion is prohibited during the moratorium. “shall be allowed to continue”
Ordinary repairs, rehabilitation, maintenance, and interior renovation of a lawful pre-existing nonconforming facility are permitted, as long as they do not increase the degree or extent of the nonconformity or create a new one. “ordinary repairs, rehabilitation, maintenance”
The Town Board may grant limited hardship-variance relief from the moratorium. The applicant must show unnecessary hardship, including substantial financial evidence that no permitted use can yield a reasonable return, a unique hardship, no alteration of neighborhood character, and no self-created hardship; any variance must be the minimum necessary. “grant limited relief”

Sources

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