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 Salem
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Slightly Anti-Data Center Policies
Salem has enacted a temporary 120-day moratorium blocking permits for new data centers and many expansions; smaller accessory facilities may still proceed. The description says “if enacted,” conflicting with the enacted status.
Rating from Oregon statewide as there are no scored current or future laws outside temporary restrictions for City of Salem.
current law · City of SalemEstablishes a 120-day moratorium on data-center construction and development in Salem, after the City Council adopted Resolution No. 2026-40 on September 21, 2026, to study risks including water consumption, wastewater impacts, energy use, heat, noise, and cumulative effects from clustering; it was described as taking effect that day and expiring January 19, 2027, unless extended (adopted Resolution No. 2026-40, 120-day moratorium).City of Salem 120-Day Data Center Moratorium Resolution (2026)
What this means
If enacted, the 120-day moratorium would block new data centers as primary uses, regardless of size, and would also block expansions and larger accessory data centers by stopping related applications and permits (moratorium on permits). Smaller accessory data centers could still proceed, but the temporary ban would substantially delay many projects, so the overall effect is strongly restrictive.
Timing
- Ends
- Jan 19, 2027
The moratorium is effective September 21, 2026, and expires after 120 days on January 19, 2027, unless extended. An extension requires a public hearing, written findings verifying the problem remains and reasonable progress is being made, and a specific duration; no extension may exceed six months.
People behind it
- City Council
Directed staff to initiate the moratorium process, conducted the public hearing, and adopted Resolution No. 2026-40.
- Dan Atchison
City Attorney who presented the proposal, authored the staff report, and prepared Resolution No. 2026-40 and its findings.
Restrictions & requirementsHide restrictions & requirements3
A 120-day moratorium, effective September 21, 2026, prohibits construction and development of data centers in Salem; it expires January 19, 2027, unless extended as permitted by law.
Data centers proposed as a primary use are prohibited during the moratorium, regardless of size, capacity, or purpose. The City may not accept, process, or approve related land-use, building, public-construction, or other permit applications, including applications to expand an existing primary-use data center.
Accessory data centers are prohibited during the moratorium when their total facility capacity is greater than 2 megawatts and their Power Usage Effectiveness (PUE) is greater than 1.5. The City may not accept, process, or approve related land-use, building, public-construction, or other permit applications, including applications to expand an existing accessory data center meeting both thresholds.
Benefits & exceptionsHide benefits & exceptions3
Accessory data centers are exempt from the moratorium if their total facility capacity is 2 megawatts (MW) or less or their Power Usage Effectiveness (PUE) is 1.5 or less. They may therefore seek approval for construction, development, or expansion during the moratorium.
The moratorium restricts applications for construction, development, permits, and expansion but does not prohibit the continued operation of existing data centers.
The moratorium is limited to 120 days and expires on January 19, 2027, unless the City extends it through a public hearing, written findings, and a specific extension of no more than six months.
Sources
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