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.
City of El Reno
Anti-Data Center Policies
El Reno restricts data centers to the I-3 heavy industrial district and requires a conditional-use permit, with review of utilities, infrastructure, noise, heat, and safety.
current law · City of El RenoEstablishes “Data & Energy Infrastructure Facility” as a new land-use category in Chapter 361, allowing it only in the Heavy Industrial (I-3) District with a Conditional Use Permit.City of El Reno Ordinance amending Chapter 361: Data & Energy Infrastructure Facility (2026)
What this means
The measure would allow data centers only in the heavy industrial district and require a conditional use permit, creating a significant location barrier and extra approval step (only in the I-3 district). Permit review would also consider utility capacity, infrastructure impacts, noise, heat, and safety (additional review criteria). These conditions could make building or expanding a data center harder, though the measure does not ban them.
People behind it
- Mayor
Approved the ordinance.
- City Council
Passed and approved the ordinance.
- City Clerk
Attested the ordinance.
Show 1 more peopleShow fewer people
- City Attorney
Approved the ordinance as to legal form.
Restrictions & requirementsHide restrictions & requirements5
A Data & Energy Infrastructure Facility is allowed only in the Heavy Industrial (I-3) District and only after approval of a Conditional Use Permit (CUP).
A facility is classified as a Data & Energy Infrastructure Facility when it has a designed peak electrical demand of at least 5 megawatts, energy storage capacity of at least 20 megawatt-hours, or primarily provides data-processing, storage, or energy services to off-site users or third parties; that classification subjects it to the I-3 and CUP restrictions. Equipment that is clearly incidental and subordinate to another permitted use is excluded if it is not operated as a primary use or to provide off-site commercial services.
CUP review must consider whether adequate public utilities are available, including electricity, natural gas, water, and wastewater, and the potential impacts on existing utility infrastructure.
CUP review must consider the extent and nature of on-site power generation or energy-storage systems and the facility’s site design and operating characteristics, including noise, heat generation, and safety.
CUP review may consider other factors necessary to ensure compatibility with surrounding properties and the intent of the I-3 District.
Benefits & exceptionsHide benefits & exceptions5
Creates a specific zoning category for data centers and related facilities, including data centers, server farms, and supporting power systems, providing a defined regulatory pathway for development. The ordinance adds the “Data & Energy Infrastructure Facility” use category.
Allows Data & Energy Infrastructure Facilities in the Heavy Industrial (I-3) District, subject to approval of a Conditional Use Permit. This expressly authorizes data-center development in that district rather than leaving it unclassified or prohibited. The use is permitted only in the Heavy Industrial (“I-3”) District upon approval of a Conditional Use Permit.
Recognizes accessory infrastructure commonly needed for data centers, including on-site generation, backup systems, cooling systems, and related operational equipment, within the defined facility use.
Excludes clearly incidental and subordinate equipment—such as on-site server rooms, backup generators, UPS systems, rooftop solar, and behind-the-meter battery storage—from being treated as a separate Data & Energy Infrastructure Facility, provided it is not a primary use or operated to provide off-site commercial services.
Declares the ordinance effective immediately upon passage and approval by declaring an emergency, allowing the new zoning authorization and related provisions to take effect without a delayed effective date. The ordinance states that it shall be in full force and effect from and after passage and approval.
Sources
Data provided by Regbase · Cookie preferences · Report missing data