By now, you've likely heard about the push to stop new data centers from being built in the United States. Data centers aren't very popular right now, and a New York Times/Sienna survey just found that 61 percent of Americans oppose new construction. It certainly doesn't help that AI companies are overtly talking about doomsday-like scenarios and widespread AI-driven job loss. On top of that, many people have seen videos on social media showing the noise pollution and other environmental effects that can come with AI data centers.
Despite the discourse surrounding AI data centers, you might be surprised to hear that as of Wednesday, Sept. 16, 2026, there are no bans on data centers in any of the 50 states.
While some local municipalities and governments have successfully introduced s on new data centers, New York is the first and only state to enact a one-year moratorium on new hyperscale data centers statewide. So, if you're wondering how many U.S. states have data center bans, it's either a list of zero or one, depending on whether you count New York's moratorium. However, state legislation to ban or temporarily the construction of data centers has been introduced in 16 states so far, from Democratic strongholds like Delaware and Maine to deep-red states like South Dakota and South Carolina.
Delaware #
SB 353 would enact a moratorium on permits for large-scale data centers in Delaware until January 2027. The bill was introduced in June and is currently awaiting consideration in committee.
Georgia #
HB 1059 would forbid local governments in Georgia from permitting data centers until December 2028. The bill was introduced earlier this year.
Maine #
LD 307 was introduced this year, and it would have put a moratorium on large-scale data centers until November 2027.
Despite bipartisan support in both chambers of the Maine legislature, Maine Governor Janet Mills vetoed the bill because it did not provide an exemption for a specific project.
Maryland #
HB 120 sought to enact a moratorium on data center permitting and construction. The bill failed in committee earlier this year.
Michigan #
HB 5594 / HB 5595 were introduced in Michigan in February. The legislation would stop local governments and public service commissions from issuing permits and approvals for new data centers until April 2027.
Minnesota #
HB 4888 / SB 4298 sought to ban new data center permits until at least July 2027 or until the Public Utility Commission submits a comprehensive report on data center development in Minnesota. The bills failed to pass during session, however.
New Hampshire #
HB 1265 would've enacted a one-year moratorium on all data center construction in New Hampshire. The bill failed.
New Jersey #
AB 5482 was introduced earlier this year in New Jersey. It would put a 6-month moratorium on all data center approval, construction, or tax incentives.
New York #
AB 10141 / SB 9144 were passed in June. The legislation enacted a one-year permit freeze and imposed strict energy efficiency standards on data centers with peak demands of 1 megawatt (MW) or more.
Furthermore, in July, New York Governor Kathy Hochul signed an executive order that d new hyperscale data center developments for one year in the state. It's the first and only moratorium of its kind in the United States.
However, the Trump administration has warned that "anti-innovation states" like New York lack the legal authority to enact some types of AI regulations.
Oklahoma #
SB 1488 sought to enact a moratorium on data center construction in Oklahoma until November 2029. The bill failed.
Pennsylvania #
SB 1359 / HB 2533 were introduced in Pennsylvania, seeking a 3-year moratorium on new data centers along with impact studies. The bill would also provide municipalities with the ability to prohibit data centers.
South Carolina #
H 5526 was introduced in South Carolina and would forbid any local approval of data centers until the state legislature adopts a “comprehensive oversight and approval process” in the state.
South Dakota #
SB 232 sought a moratorium through June 2027 on data center construction or expansion in South Dakota. The bill failed.
Vermont #
S 205 was introduced in Vermont and seeks a moratorium on data centers until 2030. The bill also requires an impact study on data centers.
Virginia #
HB 1515 in Virginia looks to put a moratorium on final approval of new data centers, permits, or rezoning from local governments until grid interconnection requests are fulfilled or until July 2028.
The House Rules subcommittee voted to carry over the legislation into the 2027 legislative session.
Wisconsin #
SB 1061 / AB 1099 in Wisconsin sought to prohibit data centers in the state until 14 conditions were met. These conditions included "the establishment of a statewide data center planning authority" and "a prohibition on shifting data center energy and water costs to residential customers." The bill failed to pass.