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The Data Center Divide

City of Brooklyn

Anti-Data Center Policies

Brooklyn city’s enacted measure is also described as proposed; it pauses permits for new data centers and covered construction or conversions for up to 180 days, while allowing continued operation and repairs or replacements.

current law · City of Brooklyn
Proposes a temporary moratorium of up to 180 days on city consideration or approval of licenses, permits, variances, development plans, and similar authorizations for establishing, constructing, or converting structures into data centers, including facilities exceeding 5,000 square feet.City of Brooklyn Resolution 2026-21 (2026)

What this means

The proposed measure would pause permits and approvals for up to 180 days for new data centers and covered construction or conversions, creating a major temporary barrier to building or expanding them. It does not prohibit continued operation, and repairs or replacements at existing data centers are exempt.

People behind it

  • Explicitly identified as an introducer or sponsor of Resolutions 2026-19, 2026-21, 2026-22, and 2026-23, and Ordinances 2026-11, 2026-12, and 2026-15.

  • Explicitly identified as an introducer or sponsor of Resolutions 2026-19, 2026-21, 2026-22, and 2026-23.

  • Explicitly identified as an introducer or sponsor of Resolutions 2026-19, 2026-22, and 2026-23.

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  • Explicitly identified as an introducer or sponsor of Resolutions 2026-19, 2026-22, and 2026-23, and Ordinances 2026-12, 2026-13, and 2026-14.

  • Explicitly identified as an introducer or sponsor of Resolutions 2026-19, 2026-22, and 2026-23.

  • Explicitly identified as an introducer or sponsor of Resolutions 2026-19, 2026-22, and 2026-23.

  • Explicitly identified as an introducer or sponsor of Resolutions 2026-19, 2026-22, and 2026-23.

  • Explicitly identified as an introducer or sponsor of Resolutions 2026-19, 2026-22, and 2026-23.

Restrictions & requirementsHide restrictions & requirements6
  • Imposes a moratorium lasting up to 180 days on the consideration, approval, or authorization of licenses, permits, permitted uses, special uses, accessory uses, variances, development plans, occupancy permits, building permits, and similar approvals that would enable the establishment, construction, conversion, or commencement of a data center.

  • Defines covered data centers to include AI, enterprise, managed services, colocation, cloud, and edge data centers, as well as facilities exceeding 5,000 square feet that house servers, data storage, or network equipment.

  • Extends the moratorium to related accessory facilities and infrastructure located on the same site, including utilities, external mechanical equipment, water towers, and security facilities.

  • Suspends and tolls applicable review and decision deadlines for data-center applications during the moratorium, and prevents an application from being deemed approved because an official or city body fails to act within the usual period.

  • Allows the moratorium to be extended beyond 180 days by a majority vote of City Council if additional time is needed for the city’s study and recommendations, or repealed earlier by a majority vote.

  • Exempts repairs or replacements of existing data centers and data centers contained within existing businesses in Brooklyn.

Benefits & exceptionsHide benefits & exceptions2
  • The moratorium does not apply to repairs or replacements of existing data centers, or to data centers contained within existing businesses, allowing those facilities to continue operating and be upgraded.

  • The moratorium covers physical data-center facilities only when they exceed 5,000 square feet, so facilities at or below that size are outside the measure’s moratorium.

Sources

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