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The Data Center Divide

Town of Tyre

Pro-Data Center Policies

New York exempts qualifying data centers from sales taxes on certain equipment and services, subject to security and web-hosting conditions. An enacted order is also described as pausing some state environmental permits for new or expanded centers pending review, while excluding local permits and existing operations.

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

pending · Town of Tyre
Would establish a proposed one-year moratorium on data centers and artificial-intelligence computing facilities throughout the Town of Tyre while the Town reviews potential changes to its land-use controls, citing concerns including utility demand, water use, wastewater, noise, traffic, emergency response, agriculture, and rural character.Town of Tyre Local Law No. 2 of 2026

What this means

If enacted, the one-year moratorium would block new data centers and most construction or expansion townwide, and stop related permit and variance reviews (“prohibit the review, approval”). Existing fully approved facilities and routine maintenance are exempt, so it would not amount to a complete ban on operating existing centers, but it would make development substantially harder during the moratorium.

Timing

Ends
One (1) year from the effective date, or earlier if the Town Board adopts a resolution determining that the need for the moratorium no longer exists

The moratorium may be renewed by the Town Board. The law states that it takes effect upon filing with the New York Department of State; no filing date is provided, so no calendar expiration date can be determined.

People behind it

  • Proposed and enacted Local Law No. 2 of 2026 establishing the moratorium; the public hearing was held pursuant to its resolution.

  • Town Clerk who issued and signed the public notice for the proposed local law and identified where copies were available for review.

Restrictions & requirementsHide restrictions & requirements8
  • A one-year moratorium prohibits the review, approval, creation, establishment, placement, relocation, construction, reconstruction, enlargement, modification, or erection of any data center or artificial-intelligence computing facility anywhere in the Town, across all zoning districts and properties. It takes effect immediately upon filing with the New York Department of State and may end earlier only if the Town Board determines by resolution that the moratorium is no longer needed. Moratorium provisions

  • The Planning Board may not accept or process applications for data centers or artificial-intelligence computing facilities, approve related preliminary or final site plans or subdivisions, or grant special-use permits that include such facilities. The exception is a required periodic review of an existing special-use permit, provided it does not seek modifications to the existing facility. Planning Board restrictions

  • No building permit or certificate of occupancy may be issued for a data center or artificial-intelligence computing facility unless the facility received the required special-use-permit and/or final-site-plan approval before the local law became effective. Permit and occupancy restriction

  • The Zoning Board of Appeals may not accept, review, process, hear, or decide appeals or applications involving a facility, including applications for area variances, use variances, interpretations, or other relief under the Town's zoning law. Zoning Board restriction

  • The moratorium broadly covers facilities whose primary purpose is centralized computing or data handling, including cloud, colocation, artificial-intelligence, high-performance-computing, cryptocurrency, and blockchain facilities, together with principally serving substations, transformers, cooling systems, backup generation, battery storage, and water-supply infrastructure. Incidental information-technology equipment used for a permitted principal use is excluded. Data center definition and exclusions

  • Routine maintenance, repair, or replacement of existing telecommunications or information-technology equipment is allowed only if it does not materially increase capacity, electrical demand, building area, or operational intensity. Existing facilities with all required discretionary land-use approvals obtained before the effective date are also exempt. Exemptions

  • Violations carry a civil penalty of $250 for each day the violation continues, and the Town may seek an injunction requiring the activity to stop and, if necessary, removal of construction or improvements built in violation of the law. Penalties and injunctive relief

  • Limited relief is available only through a written application to the Town Board, a public hearing, and a showing of extraordinary and unnecessary hardship that deprives the owner of all reasonable use of the property. Mere delay in obtaining zoning, site-plan, special-use, subdivision, variance, building, or occupancy approvals does not qualify, and any relief does not replace those approvals. Hardship-relief requirements

Benefits & exceptionsHide benefits & exceptions6
  • Existing data centers and artificial intelligence computing facilities that received all required discretionary land-use approvals before the law’s effective date are exempt from the moratorium.

  • Building permits and certificates of occupancy may still be issued for a data center or artificial intelligence computing facility that obtained the required special-use-permit and/or final-site-plan approval before the law took effect.

  • Existing special-use permits may undergo required regular reapproval, provided the application does not request modifications to the existing data center or artificial intelligence computing facility.

  • Routine maintenance, repair, or replacement of existing telecommunications or information-technology equipment is allowed if it does not materially increase capacity, electrical demand, building area, or operational intensity.

  • Data-processing equipment used solely in operating a permitted principal use may continue if it is incidental and accessory to that use.

  • The Town Board may grant limited relief from the moratorium after a public hearing when applying it would cause an extraordinary and unnecessary hardship that deprives the owner of all reasonable use of the property. Relief may be conditioned and is limited to the minimum necessary; it does not replace other required zoning or land-use approvals.

Sources

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