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 Federal Way
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Neutral Data Center Policies
Federal Way has enacted a 12-month pause on new data centers and expansions, including related applications. Existing facilities and qualifying projects with earlier applications are exempt.
Rating from King County as there are no scored current or future laws outside temporary restrictions for City of Federal Way.
current law · City of Federal WayThis emergency ordinance establishes a 12-month pause on building, expanding, or permitting data centers in Federal Way, covering facilities above the stated power or floor-area thresholds.Federal Way Ordinance 26-1048 (2026)
What this means
The measure would block new data centers and expansions across Federal Way for 12 months, and stop the city from accepting or processing related applications during that time (12-month moratorium and permit restrictions). Existing operations and qualifying project rights from applications filed before it takes effect are not covered, but the temporary freeze would make building or expanding substantially harder.
Timing
- Ends
- 12 months from the effective date of the ordinance
The moratorium applies city-wide to the siting, creation, expansion, and related applications for data centers. The ordinance does not state an extension condition.
People behind it
- Mayor
Recommended that the City Council adopt the 12-month data center moratorium.
- Federal Way City Council
Adopted and enacted the ordinance establishing the moratorium.
- Susan Honda
As Council President, presented the motion to add the data center moratorium ordinance to the Council agenda for immediate consideration.
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- City staff
Directed to develop and carry out a work plan studying data centers and potential amendments to the Federal Way Revised Code.
Restrictions & requirementsHide restrictions & requirements6
Imposes a citywide moratorium prohibiting the siting, creation, and expansion of data centers for 12 months.
Bars the City from accepting, processing, or approving building permits, land-use permits, development permits, special-use permits, variances, and other development approvals for data centers during the moratorium.
Applies to facilities primarily used for data-processing or networking operations with planned capacity exceeding 1 megawatt or gross floor area exceeding 4,000 square feet.
Takes effect immediately as an emergency ordinance, rather than after the ordinary waiting period for City ordinances.
Does not apply to vested rights from specific, complete project-permit applications submitted before the moratorium’s effective date.
Does not affect the legal status of data centers that were lawfully established and operating before the moratorium.
Benefits & exceptionsHide benefits & exceptions3
Legally established data centers already operating in the City are not affected by the moratorium, preserving their existing legal status.
Specific, complete project permit applications submitted before the moratorium’s effective date retain any vested rights accrued under state law, allowing qualifying projects to proceed despite the moratorium.
Acts consistent with the ordinance’s authority that occurred before its effective date are ratified and affirmed, protecting qualifying prior actions related to data centers.
Sources
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