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 Orangetown
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Pro-Data Center Policies
Orangetown has enacted a measure described as pausing most new data-center applications and approvals townwide for 180 days, possibly renewable once; earlier applications and hardship waivers are exceptions, and existing facilities may continue operating.
Rating from New York statewide as there are no scored current or future laws outside temporary restrictions for Town of Orangetown.
current law · Town of OrangetownEstablishes a temporary town-wide moratorium on battery energy storage systems and data storage facilities (data centers).New York Town of Orangetown Local Law No. 5 (2026)
What this means
The measure would pause most new data-center applications and approvals townwide for 180 days, making building or expanding substantially harder during that time; the pause may be renewed for another 180 days. Earlier applications and hardship waivers offer exceptions, and the measure does not stop existing data centers from operating.
Timing
- Ends
- 180 days after it went into effect on 2026-09-10
The Town Board may extend the moratorium for an additional 180 days upon finding a continued need.
People behind it
- Town Board of the Town of Orangetown
Proposed and adopted the moratorium and is responsible for reviewing potential zoning amendments and considering waiver applications.
- Jerry Bottari
Offered the resolution adopting the local law.
- Dan Sullivan
Seconded the resolution adopting the local law.
Restrictions & requirementsHide restrictions & requirements4
For 180 days from the law’s effective date, Town boards and permitting offices may not accept, process, review, decide, or approve data-storage-facility applications, or issue related permits or certificates of occupancy. The Town Board may extend the moratorium once for an additional 180 days by resolution.
Applications for data storage facilities submitted before July 1, 2026, are exempt from the moratorium and may continue through the approval process, including for building permits and certificates of occupancy.
An owner may request a hardship waiver in writing and must prove unnecessary hardship; delay or waiting for a decision does not qualify. A public hearing is required, with five days’ newspaper notice and mailed notice to abutting owners. The hearing must be scheduled within 30 days of the application, and the Town Board must decide within 15 days after the hearing closes. Any waiver is limited to the minimum relief necessary.
Violating the law, including by constructing, erecting, enlarging, or altering a building or structure in violation, carries a fine of $500 to $7,500. Each day the violation continues is a separate offense.
Benefits & exceptionsHide benefits & exceptions2
Data-storage-facility applications submitted before July 1, 2026, are exempt from the moratorium and may continue through the approval process, including for building permits and certificates of occupancy.
A property owner may request a waiver from the Town Board based on unnecessary hardship. After a public hearing, the Board may grant only the minimum relief needed; delay or waiting for a decision during the moratorium does not qualify as hardship.
Sources
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