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.
Clay County
Strongly Anti-Data Center Policies
Clay County prohibits commercial data centers of 2 megawatts or more in covered unincorporated areas, with exemptions for smaller and certain facilities; municipalities may opt in.
current law · Unincorporated areas outside the corporate limits or extraterritorial jurisdiction of any municipalityRestricts where data centers may be built in Clay County and requires them to follow the county’s land-use approval rules.Clay County Ordinance No. 01.08.2026, Ordinance Prohibiting Commercial Data Centers from Operating in Clay County
What this means
The ordinance would ban commercial data centers of 2 megawatts or more from being built, expanded, or operated in the county areas it covers, and block permits for them (“ARE PROHIBITED”). It exempts smaller and certain government or incidental business facilities, and applies only to unincorporated areas outside municipalities that may choose to adopt it.
People behind it
- Clay Logan
Moved for adoption of the ordinance.
- Randy Nichols
Seconded the motion to adopt the ordinance.
- Clay County Planning Board
Recommended the ordinance to the Board of County Commissioners.
Show 2 more peopleShow fewer people
- Clay County Board of County Commissioners
Adopted and enacted the ordinance; it also considers variance requests.
- Clay County Building Inspector
Responsible for denying building permits and other permits for prohibited commercial data centers.
Restrictions & requirementsHide restrictions & requirements6
Commercial data centers with a peak power demand of 2 megawatts or greater are prohibited from establishing, constructing, expanding, or operating in the ordinance’s jurisdiction, effective January 8, 2026. Commercial data centers ... ARE PROHIBITED
No current or future zoning district or land-use classification may allow a qualifying commercial data center as a principal, accessory, or conditional use. No zoning district or land use classification
The County Building Inspector may not issue building permits, electrical permits, or any other permits for establishing or operating a qualifying commercial data center. shall not issue any building permits, electrical permits
A variance is available only in extraordinary circumstances and requires prior Planning Board review, compliance with requirements set by the Planning Board and Board of Commissioners, a public hearing, and unanimous approval by the Board of Commissioners. The applicant must show a unique and undue hardship not created by the applicant and consistency with public health, safety, and welfare. Variances from this ordinance
Waste from any commercial data center, regardless of where the facility is located, may not be dumped at the Clay County Transfer Station. prohibits the dumping of any waste
The ordinance applies to unincorporated areas outside municipal corporate limits and extraterritorial jurisdictions; municipalities may separately elect to adopt it within their own jurisdictions. apply to the unincorporated areas
Benefits & exceptionsHide benefits & exceptions5
The prohibition does not apply to government-owned or government-operated data-processing or server facilities, provided they are used exclusively for public purposes and do not house nongovernment facilities or data.
Data facilities with peak demand below 2 megawatts are exempt from the prohibition.
Noncommercial or internal business data operations that are incidental to otherwise permitted principal uses may continue or operate.
A commercial data center may seek a variance in extraordinary circumstances, but it must first obtain Planning Board review, comply with required policies, hold a public hearing, demonstrate a unique and undue hardship not created by the applicant, and receive unanimous approval from the Board of County Commissioners.
The ordinance applies only to unincorporated areas outside municipal corporate limits and extraterritorial jurisdictions; municipalities must separately elect to adopt it, so the prohibition does not automatically apply within those municipal areas.
Sources
Data provided by Regbase · Cookie preferences · Report missing data