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Regbase

The Data Center Divide

Durham County

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

Slightly Pro-Data Center Policies

Durham County has enacted a temporary pause on applications for new or expanded data centers over 100,000 square feet until May 2027; smaller facilities may qualify for conditional exemptions, and existing operations are not shut down.

Rating from North Carolina statewide as there are no scored current or future laws outside temporary restrictions for Durham County.

Specific to Durham County only.

current law · Unincorporated areas of Durham County, including the county-jurisdiction portions of Research Triangle Park and Treyburn Industrial Park
Adopted a temporary nine-month moratorium on accepting and processing applications for new data centers and expansions of existing facilities beyond 100,000 total square feet, while allowing certain smaller Enterprise and Edge facilities to proceed under stated exemptions (nine-month moratorium and under-100,000-square-foot exemption).Durham County ordinance imposing a temporary moratorium on new or expanded data centers and related uses (August 24, 2026)

What this means

The measure would pause applications for new or expanded large data centers for nine months, until May 2027, creating a serious delay for projects in its scope (nine-month moratorium). Smaller facilities may qualify for exemptions with conditions, and the measure targets applications rather than shutting down existing operations, which softens—but does not remove—the impact (projects that exceed 100,000 square feet).

Timing

Ends
until May 2027

The moratorium is a temporary nine-month moratorium on applications for new or expanded data centers, with exemptions and conditions approved by the Board. The sources do not specify an exact calendar date.

People behind it

  • Adopted the nine-month data center moratorium on August 24, 2026.

  • Moved to adopt the proposed moratorium with the approved amendments.

  • Seconded the motion to adopt the moratorium and co-sponsored an amendment concerning exemption conditions.

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  • Proposed amendments to the moratorium concerning exemptions, cooling systems, backup generation, disclosure requirements, and staff research.

  • Co-sponsored amendments concerning exemption conditions and the moratorium’s required research.

  • Recommended that the Board hold the public hearing and, if prepared, approve the moratorium ordinance.

  • Proposed the temporary moratorium, researched data center impacts, and was assigned to develop future regulatory amendments.

  • Responsible for studying the impacts, drafting proposed Unified Development Ordinance amendments, and administering the regulatory-development process.

Restrictions & requirementsHide restrictions & requirements6

  • A temporary moratorium bars the acceptance and processing of applications for new or expanded data centers, data-processing facilities, cryptocurrency-mining operations, and similar facilities until May 2027.

  • The moratorium applies to projects exceeding 100,000 square feet, while smaller enterprise or edge data centers may proceed only under the ordinance’s applicable exemptions and conditions.

  • Qualifying exempt facilities must use a closed-loop water-cooling system or another cooling technology that achieves an equivalent or greater reduction in potable-water consumption.

  • Qualifying exempt facilities must rely exclusively on non-diesel backup generation.

  • Applicants seeking an exemption must certify in writing their expected connected electrical load, cooling-system type and working fluid, and backup-generator fuel; the certification must be made a public record.

  • The ordinance retains exemptions for certain office server rooms and secondary-support data centers, subject to the moratorium’s applicable scope and conditions.

Benefits & exceptionsHide benefits & exceptions5

  • The moratorium does not apply to data centers of 100,000 square feet or less, allowing qualifying smaller enterprise or edge facilities—and their expansions or renovations—to proceed during the moratorium.

  • Secondary-support data centers serving financial institutions, government activities, educational institutions, medical centers, or hospitals are exempt from the moratorium.

  • Office server rooms are exempt from the moratorium under the measure's office-server-room provision.

  • Qualifying smaller enterprise or edge data centers may proceed if they use a closed-loop water system or equivalent cooling technology that achieves at least the same reduction in potable-water consumption and rely exclusively on non-diesel backup generation.

  • The moratorium is temporary and remains in effect only until May 2027, after which applications are no longer subject to this moratorium.

Sources

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