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Regbase

The Data Center Divide

Gates County

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

Slightly Pro-Data Center Policies

Gates County’s enacted one-year moratorium pauses data-center approvals in unincorporated areas while the County develops rules. A recommended amendment describes a countywide ban, but its status is unclear.

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

Specific to Gates County only.

current law · Unincorporated areas
Establishes a temporary one-year moratorium in all unincorporated areas of Gates County on accepting, processing, or approving development applications for data centers, cryptocurrency-mining facilities, and other high-impact data-processing facilities, including special-use, conditional-use, rezoning, and building permits; the ordinance exempts previously approved developments, single- and two-family dwellings, and certain interior renovations.Gates County Ordinance imposing a Temporary Moratorium on Development Approvals for Data Centers and Related High-Impact Facilities (2025)

What this means

The recommended amendment identifies a countywide prohibition on data centers and permit denial, which would prevent new data centers from being built. The separate one-year moratorium also pauses approvals in unincorporated areas while the County develops its rules.

Timing

Ends
one year from the effective date of the Ordinance

The moratorium applies for one year, with the Planning Board presentation stating that final adoption should occur before 2026-12-17. The Ordinance's effective and expiration dates are left blank. The Board of Commissioners may earlier terminate, extend, or modify it in accordance with North Carolina law.

People behind it

  • Adopted the temporary moratorium, initiated the regulatory process, and is responsible for holding the required public hearing and potentially adopting the final ordinance amendments.

  • Researched the issue, participated in workshops and ordinance review, developed the recommended amendment, and formally recommended it to the Board of Commissioners.

  • Assigned to study the impacts of data centers, consult with relevant parties, and draft land-use ordinance amendments and performance standards during the moratorium.

Restrictions & requirementsHide restrictions & requirements6

  • A one-year moratorium prohibits Gates County from accepting, processing, or approving development applications for data centers, cryptocurrency mining facilities, and other high-impact data processing facilities.

  • The moratorium covers special-use permits, conditional-use permits, rezoning requests, building permits, and any other legally required development approval for establishing, constructing, erecting, altering, or expanding a covered facility.

  • Building-permit restrictions do not apply to interior renovations that neither expand capacity nor affect exterior appearance or noise.

  • The moratorium applies to all unincorporated areas of Gates County.

  • Developments with a valid approval issued before the ordinance’s effective date are exempt from the moratorium.

  • Single-family and two-family residential dwellings are exempt from the moratorium.

Benefits & exceptionsHide benefits & exceptions4

  • Projects with a valid development approval obtained before the moratorium’s effective date are exempt from the moratorium.

  • Interior renovations to existing data centers are exempt from the building-permit restriction when they do not expand capacity or affect exterior appearance or noise.

  • The moratorium applies only to unincorporated areas of Gates County, leaving incorporated areas outside its stated scope.

  • The moratorium is temporary, lasting one year from its effective date unless the Board of Commissioners terminates, extends, or modifies it earlier under North Carolina law.

Sources

pending · Unincorporated areas
Proposes a countywide prohibition on data centers, permit denial provisions, and amendments to the Unified Development Ordinance use table, while also defining data centers and stating supporting findings; the presentation does not specify the prohibition’s exact scope, affected permits, standards, exceptions, thresholds, or enforcement provisions (Data Center Presentation).Gates County Proposed UDO Data Center Ordinance Amendment (2026)

What this means

The proposed amendment describes a countywide prohibition and permit denial, which would effectively prevent new data centers within its scope. The sources do not say existing centers would have to stop operating; the separate moratorium would block development applications for one year.

Timing

Ends
One (1) year from the effective date of the ordinance

The ordinance states that the moratorium may be earlier terminated, extended, or modified by the Board of Commissioners in accordance with North Carolina law. The ordinance's effective-date fields are blank, so no exact calendar expiration date can be determined. The presentation states that the moratorium was adopted on 2025-12-17 and that formal ordinance adoption is expected before 2026-12-17.

People behind it

  • Adopted the temporary moratorium and is responsible for considering and potentially adopting the proposed ordinance amendments.

  • Researched the issue, reviewed the proposed ordinance amendment, and is responsible for making a formal recommendation to the Board of Commissioners.

  • Responsible for studying the impacts of data centers, drafting ordinance amendments and performance standards, and supporting the moratorium’s implementation.

Restrictions & requirementsHide restrictions & requirements3

  • For one year from the ordinance's effective date, the County may not accept, process, or approve applications for establishing, constructing, erecting, altering, or expanding a data center, cryptocurrency-mining facility, or other high-impact data-processing facility. The moratorium applies in all unincorporated areas of Gates County. The ordinance imposes a one-year moratorium

  • The moratorium covers special-use permits, conditional-use permits, zoning-map amendments or rezoning requests, building permits, and any other development approval required by law. Building-permit activity is exempt only for interior renovations that do not expand capacity or affect exterior appearance or noise. The covered development approvals are listed in Section 1

  • The moratorium does not apply to development that had received a valid development approval before the ordinance's effective date under G.S. 160D-107(c), or to single-family and two-family residential dwellings. The ordinance specifies these exemptions

Benefits & exceptionsHide benefits & exceptions3

  • Projects with a valid development approval issued before the moratorium’s effective date are exempt and may proceed, subject to applicable law.

  • Interior renovations to an existing data center or related facility may continue during the moratorium if they do not expand capacity or affect exterior appearance or noise.

  • The moratorium applies only to unincorporated areas of Gates County, so facilities in incorporated areas are outside its scope.

Sources

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