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The Data Center Divide

Town of Islip

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

Pro-Data Center Policies

Islip’s enacted law pauses most new data-center applications, approvals, construction, and expansion until February 28, 2028. Existing approved centers may operate, routine equipment work is exempt, and limited hardship exemptions are available.

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

current law · Town of Islip
Establishes a temporary, town-wide moratorium on data-center development while Islip develops comprehensive siting, design, operational, and mitigation rules addressing infrastructure, environmental, public-safety, and community concerns (moratorium purpose).New York Town of Islip Town Code § 68-761, Article LVII — Data Centers Moratorium

What this means

The measure would stop most new data-center applications and approvals, including construction and expansion, until February 28, 2028. Existing approved centers could keep operating and routine equipment work is exempt, but the pause and limited hardship-exemption process would make development substantially harder.

Timing

Ends
Feb 28, 2028

The data-center development moratorium is in effect through February 28, 2028. The Suffolk County Planning Commission recommended limiting it initially to 12 months, with a possible additional six-month extension, but the enacted Islip provision states the February 28, 2028 expiration date.

People behind it

  • Proposed and adopted Local Law No. 5 of 2026 establishing the data-center moratorium.

  • Introduced, held the public hearing on, and adopted the moratorium.

  • Councilperson who moved adoption of Local Law No. 5 of 2026.

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  • Councilperson who seconded adoption of Local Law No. 5 of 2026.

  • Town Clerk responsible for publishing the public notice and serving as clerk for the measure.

  • Receives applications for exemptions from the moratorium.

  • Administers exemption requests, including holding hearings and deciding whether exemptions may be granted.

Restrictions & requirementsHide restrictions & requirements8

  • A moratorium prohibits the review of new applications and the granting of permits, licenses, or approvals for the erection, establishment, siting, location, construction, modification, or development of any data center in the Town.

  • The moratorium remains in effect through February 28, 2028.

  • Applicants seeking an exemption must apply in writing to the Department of Planning and Development, and the Planning Board may grant an exemption only after a public hearing and findings of unnecessary hardship, no adverse effects on the Town's planning objectives, and compatibility with the community.

  • An exemption application requires a $1,000 fee, eight copies of the application, and a written undertaking to pay the Town's out-of-pocket costs for studies and retained resource personnel related to the exemption review.

  • Any exemption is limited to the minimum relief necessary to address the demonstrated hardship and may include conditions imposed by the Planning Board.

  • The moratorium does not apply to routine maintenance, repair, or replacement of existing equipment that does not increase gross floor area, or to existing lawfully approved data centers with all required approvals and building permits issued before the law's effective date.

  • Violations of the moratorium are subject to the civil and criminal enforcement penalties applicable to violations of the Town's zoning or land-use regulations.

  • The local law takes effect 10 days after publication of the ordinance or a summary or abstract in the Town's official newspaper or another designated newspaper.

Benefits & exceptionsHide benefits & exceptions7

  • Existing, lawfully approved data centers may continue operating because the moratorium does not apply when all required land-use approvals and building permits were issued before the law’s effective date.

  • Routine maintenance, repairs, and replacement of existing data-center equipment are allowed during the moratorium, provided the work does not increase gross floor area.

  • A data-center applicant may request an exemption from the moratorium through a written application to the Department of Planning and Development and a noticed public hearing before the Planning Board.

  • The Planning Board may grant a moratorium exemption when denying it would cause unnecessary hardship substantially greater than the harm to the general public welfare, subject to additional findings concerning environmental effects, community compatibility, and consistency with interim planning work.

  • An approved exemption may provide the minimum relief necessary to address the demonstrated hardship and may include reasonable conditions imposed by the Planning Board.

  • Customary accessory server rooms, network closets, and telecommunications rooms used for on-site operations of commercial or office buildings are excluded from the law’s definition of a data center and therefore are not subject to the data-center moratorium.

  • The moratorium is temporary and expires on February 28, 2028, after which the moratorium-based prohibition no longer applies unless another restriction is adopted.

Sources

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