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 Fort Worth
Neutral Data Center Policies
Fort Worth requires data center applicants to document required state approvals before applications are complete, potentially causing delays; some projects are excepted, and a freeze is not yet in effect.
current law · City of Fort WorthThis Fort Worth ordinance requires new data-center applicants within city limits to provide documentation of required Public Utility Commission of Texas and ERCOT permits and approvals before filing specified city development-permit applications.Fort Worth Data Center Application Requirements Ordinance (2026)
What this means
The ordinance would require data center applicants to provide proof of required PUC and ERCOT permits and approvals before the city treats their applications as complete (required documentation). That could add significant delay, but it is not a ban and includes exceptions for certain vested projects and annexation requests.
People behind it
- City Council
Enacted the ordinance amending Chapter 14 to establish data center application requirements.
- Councilmember Chris Nettles
Moved to adopt the data center ordinance as written and proposed the amendment designating two commission seats for community members.
- Councilmember Elizabeth Beck
Moved the resolution initiating the process for a 90-day data center moratorium.
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- City Manager
Was directed by the City Council to establish the Fort Worth Data Center and Infrastructure Commission.
- Dr. Mike Slattery
Was designated to lead the Data Center and Infrastructure Commission and select its members.
Restrictions & requirementsHide restrictions & requirements7
Requires every application for a data center predevelopment conference, plat, replat, building permit, or other development permit to include written proof of all necessary permits and approvals from the Public Utility Commission of Texas and ERCOT.
Prohibits the City from treating a data center application as complete until the required PUCT and ERCOT documentation has been delivered in the City-prescribed form and manner.
Excludes cryptocurrency mining, bitcoin mining, and similar operators from the ordinance's Data Center definition, so those facilities cannot rely on this data-center permitting framework.
Does not apply the PUCT/ERCOT documentation requirement to a data center requesting annexation or a pre-annexation agreement with Fort Worth.
Requires new data centers within the Fort Worth Water Utility service area to use closed-loop cooling systems.
Requires new data centers to obtain wastewater pretreatment permits as Non-Significant Industrial Users, which may impose chemical-disclosure, containment, monitoring, discharge-limit, certification, training, reporting, and emergency-notification requirements.
Initiates the legal process for a possible 90-day moratorium on new data-center development applications. The moratorium is not effective merely from initiating the process; it requires public hearings, ordinance readings, written findings, and a supermajority vote, and may be extended once for an additional 90 days.
Benefits & exceptionsHide benefits & exceptions3
The ordinance expressly preserves the exception for projects protected by Chapter 245 of the Texas Local Government Code, allowing vested data center projects to proceed under previously applicable regulations rather than being subject to the new requirements.
The documentation requirement does not apply to a data center requesting annexation by Fort Worth or entering into a pre-annexation agreement, allowing those projects to pursue annexation-related approvals without first submitting proof of all required PUCT and ERCOT permits and approvals.
The new requirements apply only to data centers submitting covered applications after the ordinance’s effective date, so applications submitted earlier are not subject to these new filing requirements.
Sources
current law · Municipal proceedings toward a moratorium on new data-center development applications; City confirmation. No water-utility-service-area rules are attributed to this resolution.Fort Worth confirms that Council adopted a resolution initiating the legal process for a possible moratorium on new data-center development applications at its August 11 meeting.Fort Worth Resolution Initiating Data Center Moratorium Process (2026)
What this means
Process-initiating resolution, not an operative freeze; restrictive effect remains conditional on later adoption.
People behind it
- Fort Worth City Council
Adopts the process-initiating resolution.
Restrictions & requirementsHide restrictions & requirements1
Procedural action toward a future moratorium on new data-center development applications; no operative freeze established. A later moratorium requires further notices, hearings, readings and a supermajority adoption vote.
Benefits & exceptionsHide benefits & exceptions1
Conditional proposal, not current entitlement: City says a later moratorium would not impact qualifying in-progress or vested projects.
Sources
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