Every U.S. state that bans data centers

As of Wednesday, Sept. 16, 2026, no U.S. state has a ban on data centers, though New York is the first and only state to enact a one-year moratorium on new hyperscale data centers statewide, according to state legislation tracked by the National Conference of State Legislatures. Legislation to ban or temporarily pause data center construction has been introduced in 16 states, including Delaware, Georgia, Maine, Maryland, Michigan, Minnesota, New Hampshire and New Jersey. A New York Times/Siena survey found 61 percent of Americans oppose new data center construction.

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 https://www.nytimes.com/2026/09/15/us/politics/ai-polls-midterms.html /Sienna survey https://www.nytimes.com/2026/09/15/us/politics/ai-polls-midterms.html 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 https://me.mashable.com/tech-industry/76113/have-ai-apocalypse-warnings-reached-critical-mass and widespread AI-driven job loss https://me.mashable.com/tech/56474/anthropic-ceo-warns-ai-will-destroy-half-of-all-white-collar-jobs . 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 pauses 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 https://www.ncsl.org/fiscal/which-states-are-banning-data-centers to ban or temporarily pause 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 https://legis.delaware.gov/BillDetail/143681 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 https://www.legis.ga.gov/api/legislation/document/20252026/240599 would forbid local governments in Georgia from permitting data centers until December 2028. The bill was introduced earlier this year. Maine LD 307 https://legislature.maine.gov/legis/bills/display ps.asp?LD=307&snum=132 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 https://www.maine.gov/governor/mills/news/governor-mills-announces-decision-ld-307-2026-04-24 the bill because it did not provide an exemption for a specific project. Maryland HB 120 https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0120 sought to enact a moratorium on data center permitting and construction. The bill failed in committee earlier this year. Michigan HB 5594 https://www.legislature.mi.gov/Bills/Bill?ObjectName=2026-HB-5594 / HB 5595 https://www.legislature.mi.gov/Bills/Bill?ObjectName=2026-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 https://www.revisor.mn.gov/bills/94/2026/0/HF/4888/versions/latest/ / SB 4298 https://www.revisor.mn.gov/bills/94/2026/0/SF/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 https://gc.nh.gov/bill status/billinfo.aspx?id=1685&inflect=2 would've enacted a one-year moratorium on all data center construction in New Hampshire. The bill failed. New Jersey AB 5482 https://www.njleg.state.nj.us/bill-search/2026/A5482 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 https://www.nysenate.gov/legislation/bills/2025/A10141 / SB 9144 https://www.nysenate.gov/legislation/bills/2025/S9144 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 https://www.governor.ny.gov/news/first-statewide-moratorium-new-hyperscale-data-centers-launched-governor-kathy-hochul an executive order that paused 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 https://www.oklegislature.gov/BillInfo.aspx?Bill=SB1488 sought to enact a moratorium on data center construction in Oklahoma until November 2029. The bill failed. Pennsylvania SB 1359 https://www.palegis.us/legislation/bills/2025/sb1359 / HB 2533 https://www.palegis.us/legislation/bills/2025/hb2533 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 https://www.scstatehouse.gov/sess126 2025-2026/bills/5526.htm 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 https://sdlegislature.gov/Session/Bill/27269/301228 sought a moratorium through June 2027 on data center construction or expansion in South Dakota. The bill failed. Vermont S 205 https://legislature.vermont.gov/bill/status/2026/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 https://lis.virginia.gov/bill-details/20261/HB1515 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 https://cardinalnews.org/2026/02/03/new-governor-could-see-new-versions-of-old-bills-seeking-to-regulate-the-data-center-industry/ to carry over the legislation into the 2027 legislative session. Wisconsin SB 1061 https://docs.legis.wisconsin.gov/2025/proposals/sb1061 / AB 1099 https://docs.legis.wisconsin.gov/2025/proposals/ab1099 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.