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The Data Center Divide

Village of Lewiston

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

Pro-Data Center Policies

Lewiston village: The law is labeled enacted, though described conditionally; it would pause Town of Lewiston data-center projects and permits for 18 months, with exemptions.

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

current law · Town of Lewiston
Would impose an 18-month moratorium on establishing, constructing, expanding, or operating data centers, artificial-intelligence processing facilities, and cryptocurrency-mining operations anywhere in the Town of Lewiston, as described in the work-session packet.New York Local Law No. 3 of 2026 (Town of Lewiston)

What this means

If enacted, the measure would pause new data centers, expansions, and operations for 18 months, and the Town would not accept related permit applications. Some small server rooms and other uses are exempt, but the pause would make development substantially harder.

Timing

Ends
18 months after adoption

The Town Board may extend the moratorium for one or more periods of up to six months each by resolution at a duly noticed public meeting, if required studies and review are incomplete and an extension is necessary to protect public health, safety, and welfare.

People behind it

  • Introduced Local Law 2-2026, which modifies the Town zoning code.

  • Put forward items that became zoning-code modifications in Local Law 2-2026.

  • Introduced Local Law 3-2026, proposing a moratorium on data centers, AI processing facilities, and cryptocurrency mining operations.

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  • Worked with Councilwoman Waechter on Local Law 3-2026.

  • Local Law 3-2026 was intended to give the Board time to research and adopt regulations for data centers, artificial intelligence facilities, and cryptocurrency mining.

Restrictions & requirementsHide restrictions & requirements3
  • For 18 months, the measure bars establishing, constructing, installing, operating, or using a covered data center, and expanding an existing one. It covers facilities with an aggregate IT load of at least 1 MW, with exceptions for incidental server rooms of no more than 100 kW and certain academic, research, or educational facilities of no more than 1 MW.

  • The Town Board may extend the moratorium for additional periods of up to six months each by resolution at a duly noticed public meeting, if specified studies are incomplete and the extension is found necessary to protect public health, safety, and welfare.

  • During the moratorium, applicants may not apply for permits for covered facilities, and Town officials, boards, and departments may not accept, process, or approve permit applications. Covered permits include building permits, certificates of occupancy, special use permits, site plan approvals, variances, and other land-use approvals.

Benefits & exceptionsHide benefits & exceptions4
  • Incidental server rooms, closets, or equipment areas are exempt if their aggregate IT load is no more than 100 kW and they are not the primary purpose of the building or premises.

  • Academic, research, or educational computing facilities operated by schools, colleges, universities, or government agencies are exempt if their aggregate IT load does not exceed 1 MW.

  • A facility lawfully operating when the law takes effect may perform emergency maintenance, repairs, or safety work, provided the work does not expand the facility.

  • Facilities operated by the Town of Lewiston, Niagara County, New York State, or a federal agency are exempt from the moratorium.

Sources

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