What a data center has to get permitted, state by state.
Power is one gate. A new data center also needs air permits for its backup generators, stormwater and wetlands approvals, a water supply and a place for cooling water to go, utility approvals, and local land-use sign-off. This page sets out the typical path in each state we have researched, with the agency, what triggers the requirement, and a source for every row.
General information from state agency pages and rules, not legal advice. Thresholds, fees and timelines change and depend on the exact site and equipment. Local rules differ by county and city, and the state record shows the typical path rather than every jurisdiction. Confirm with the agency or counsel before relying on it. A requirement missing from a state's list means we have not confirmed it yet, not that it does not apply. Permitting is information on this site and does not change a screen's score or a Go/No-Go call.
States covered so far: Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Iowa, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Mississippi, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, Wyoming. More are added as they are researched.
Alabama
In Alabama a data center generally needs an ADEM air permit before operating generators or other equipment, NPDES construction stormwater coverage at one acre, and a water Certificate of Use if it can withdraw 100,000 gallons per day or more. A state law effective October 1, 2026 puts power contracts for large data centers (150 MW or more at peak in Alabama Power territory) under Public Service Commission review.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | ADEM air permit partly confirmed | Alabama Department of Environmental Management, Air Division | Rule 335-3-14-.01: an application must be submitted at least 10 days before construction, and the equipment cannot be operated until the Director grants an air permit. The Director may specify classes or sizes of equipment that are exempt; exempt sources remain subject to the other rules. The exemption list for engines or generators was not found in the text opened. | Submit an air permit application before construction. Larger sources are subject to PSD (335-3-14-.04) or nonattainment (335-3-14-.05) permitting. Check the Director's exemption list for emergency generators. | Not stated | Ala. Admin. Code r. 335-3-14-.01 (Cornell LII) |
| Construction stormwater | NPDES Construction General Permit ALR100000 | ADEM, Water Division | Land disturbance equal to or greater than one acre, or smaller construction that is part of a common plan of development or sale of one acre or more. | Submit a Notice of Intent to obtain coverage before construction. ADEM's page lists the current Construction General Permit as dated April 1, 2026 (prior version April 1, 2021). | Not stated | ADEM Construction General Permit page |
| Water supply | Certificate of Use (water withdrawal registration) | ADECA Office of Water Resources | Entities that have a capacity to withdraw 100,000 gallons per day or more must enroll with the Office of Water Resources and secure a Certificate of Use. | The certificate lists registered withdrawal points and allows annual water use reports to be filed. Data centers served by a public water system would rely on that system's registration. | Not stated | ADECA Water Management page |
| Utility and power siting | PSC review of large-load data center power contracts partly confirmed | Alabama Public Service Commission | Per a Fox 10 report (Oct 2, 2026), a law effective Oct. 1, 2026 covers data centers needing 150 megawatts or more at peak demand in Alabama Power's service territory. | As reported: the PSC may approve a large-load contract only if the data center is expected to cover the extra cost of serving it and the contract benefits other customers. The review window was extended to 45 days for contracts filed in the PSC's July proceeding (standard 10 days, 60 days proposed going forward); a contract not disapproved in the window is deemed approved. The report says there is no public hearing or vote. | Reported by Fox 10: review window extended to 45 days from the standard 10 days, with 60 days proposed. | Fox 10 news, Oct 2, 2026 (news) |
| Incentives and conditions | Chapter 9B tax abatements for data processing centers | Alabama Department of Revenue | For abatements granted before January 1, 2027, the Department lists tiers by investment: up to $200 million within 10 years gives a 10-year property tax and 10-year sales and use tax abatement; over $200 million but under $400 million gives 20 years of each; over $200 million within 10 years and over $400 million within 20 years gives 30 years of property tax abatement. | Act 2026-573 updates the requirements for data processing centers granted an abatement on or after January 1, 2027; the Department says details will be posted later and the page does not describe the changes. | Not stated | Alabama Department of Revenue, Chapter 9B abatements |
Rules and bills aimed at data centers
- Law effective Oct. 1, 2026: PSC review of large-load data center contracts for loads of 150 MW or more at peak in Alabama Power territory (reported by Fox 10).
- Act 2026-573 changes Chapter 9B abatement requirements for data processing centers granted abatements on or after Jan 1, 2027 (Alabama Department of Revenue; specifics not yet posted on the page).
Not confirmed or varies by locality
- Air-permit construction-exemption list for emergency generators (335-3-14-.01(5)) is still not published in the rule text itself. Read directly instead: ADEM's separate major-source operating-permit rule (335-3-16-.01(o)) defines a general 'insignificant activity' threshold -- potential to emit under 5 tons/year of any criteria pollutant, or under 1,000 lb/year of an Appendix G pollutant -- but that governs what must be listed in an operating permit, not the construction-permit exemption asked about here, so it does not resolve this gap.
- Wastewater/pretreatment, wetlands/401, and the details of Act 2026-573 and the PSC review rules were not confirmed from primary sources.
- Local zoning and building review vary by city and county and were not researched.
Checked 2026-11-06.
Arkansas
In Arkansas the state environmental gates are ADEQ air permitting for on-site generation (with an insignificant-activities provision for limited emergency generators), construction stormwater coverage under ADEQ's general permit, and registration and reporting of larger groundwater and surface water withdrawals. Utility service and any new generation are overseen by the Public Service Commission, and the state sales and use tax exemption for data centers was expanded in 2025 with investment and compensation conditions.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | ADEQ air permit; insignificant activity for limited emergency generators partly confirmed | Arkansas DEQ Office of Air Quality | Under ADEQ's Regulation 19 Appendix A insignificant activities list (SIP version effective Sept. 23, 2019), emergency use generators are an insignificant activity if they are of equal or smaller capacity than the primary operating unit, cannot be used with it, do not have the potential to emit more regulated pollutants than the primary unit, and operate no more than 90 days a year. This does not apply to generators that provide electricity to the distribution grid. | Generators outside that provision, or turbines and engines used for on-site generation, would be evaluated for an ADEQ air permit. Permit thresholds were not confirmed from a page opened. | Not stated | Regulation 19 Appendix A (EPA-hosted SIP copy, 2019) |
| Construction stormwater | Construction stormwater general permit (ARR150000) | Arkansas DEQ Water Division | Construction disturbing one acre or more, or less than one acre if part of a larger common plan of development or sale. ADEQ's 2026 fact sheet says the reissued general permit is effective November 1, 2026 through October 31, 2031 (described as proposed changes in the fact sheet). | Sites of 5 acres or more: submit an NOI through ADEQ's SEEK system at least 10 business days before construction, with a completed SWPPP and the fee; authority to discharge becomes effective unless DEQ notifies otherwise within 10 business days of a complete notification. Sites of one acre or more but under 5 acres are covered automatically without an NOI, must post a Notice of Coverage on site and keep a SWPPP. | For 5-acre-or-larger sites, 10 business days after a complete notification, per the fact sheet. | ADEQ ARR150000 fact sheet (effective 2026-11-01) |
| Water supply | Water use registration and reporting (no permit described) | Arkansas Department of Agriculture, Natural Resources Division | Non-domestic groundwater users with the potential to withdraw at least 50,000 gallons per day (35 gpm), and surface water users withdrawing 1 acre-foot (325,851 gallons) or more per year, must register. | Register each withdrawal site ($10 per site) and report monthly withdrawals between October 1 and March 1 each year. The page describes registration, not a permit. Buying from a public water supplier would be handled by that supplier. | Not stated | Arkansas Department of Agriculture, Water Use Registration |
| Utility and power siting | Generating Arkansas Jobs Act of 2025 (Act 373) and PSC certificates partly confirmed | Arkansas Public Service Commission | Act 373 (SB 307) amends utility law: if the PSC determines a certificate of public convenience and necessity is in the public interest, it must enter an order within six months after the utility applies. It also creates a cost recovery path for utility strategic investments. The engrossed text opened does not mention data centers or large loads by name in the portions searched. | New utility generation or major facilities serving a large load go through the PSC; customers contract through the utility. Whether Entergy Arkansas has a filed large-load tariff was not confirmed. | PSC order within six months of a complete utility CPCN application, per Act 373. | Act 373 of 2025 (SB 307, as engrossed), Arkansas Legislature |
| Incentives and conditions | Data center sales and use tax exemption (Ark. Code Ann. 26-52-456) partly confirmed | Arkansas Department of Finance and Administration / AEDC | HB 1444 of 2025 (Act 548), engrossed text: a qualified data center requires a qualified investment of at least $100,000,000 at the facility within five years, and aggregate annualized compensation of at least $1,000,000 (including contractors) to individuals performing services in the state; a new qualified large data center category requires at least $2,000,000,000 within ten years and $3,000,000 in compensation. | Per a law-firm summary (Kutak Rock, not primary), DFA administers applications and issues a certificate, with annual certification, revocation if compensation falls short, and an October 1, 2025 effective date; cryptocurrency mining is excluded. The enrolled Act was not opened, so confirm against it. | Not stated | HB 1444 of 2025 as engrossed 3/20/2025 (Arkansas Legislature); summary at https://www.kutakrock.com/newspublications/publications/2025/april/expansion-sales-use-tax-data-center-exemption |
Rules and bills aimed at data centers
- HB 1444 (2025), Act 548: expanded the data center sales and use tax exemption, lowering the qualified data center investment minimum to $100,000,000 and adding a qualified large data center category at $2,000,000,000 (engrossed text read).
- 2026 fiscal session: six data center resolutions (SR7 to SR12) by Sen. Bryan King, including notice to regulators six months before buying land and state monitoring of water use, did not gain enough votes to be considered (University of Arkansas Extension summary). They may be reintroduced in 2027.
Not confirmed or varies by locality
- ADEQ air permit thresholds and the current Regulation 18 and 19 text for generators and turbines were not confirmed; the Appendix A copy is a 2019 SIP version.
- Local zoning, county moratoria and city ordinances (reported in news) vary and were not confirmed from primary sources.
- Whether Entergy Arkansas or other utilities have a filed large-load tariff was not confirmed.
- Wastewater and pretreatment requirements were not researched from a primary source.
- The enrolled text of Act 548 and its administering-agency provisions were not read.
Checked 2026-11-05.
Arizona
A new Arizona data center typically needs a local zoning and site plan approval, an air permit for its generators (ADEQ or the delegated county, for example Maricopa County), construction stormwater coverage for sites of one acre or more, and a utility service agreement approved through the Arizona Corporation Commission process. Water supply is the main gating item in the Phoenix-area Active Management Area, where ADWR will not approve new groundwater-based Assured Water Supply determinations. The state sales tax incentive for new data centers is closed to new applications from July 1, 2026 through June 30, 2029.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | Class I or Class II air permit (or county permit / general permit) for generators and engines | ADEQ Air Quality Division, or Maricopa County Air Quality Department (also Pima and Pinal counties run their own programs) | Under A.A.C. R18-2-302(B), a Class I permit is required for any major source, affected source, or certain designated source categories. A Class II permit is required when no Class I permit applies and the source emits or could emit at maximum capacity (counting any elective limits) a regulated NSR pollutant at or above the significant level. A.R.S. 49-426 exempts fuel-burning equipment rated below 1 million BTU/hr (non-residential). In Maricopa County, a facility can instead use the Stationary Emergency ICE General Permit (revised 04/10/2026, expires 04/10/2031) only if facility-wide potential NOx from emergency engines and external combustion units stays at or below 24.9 tons per year (Option 1: engines totaling 2,735 bhp or less and combustion units 6.0 MMBtu/hr or less; Option 2: calculated NOx at 500 hr/yr full load). The general permit limits each engine to 100 hours per year for maintenance and readiness, 500 hours per 12 months total, and bars peak shaving. A large data center fleet will usually exceed the general permit cap and need an individual permit (Non-Title V or Title V) instead. | Submit a permit application to the permitting authority for the county where the site is located (Maricopa, Pima, Pinal, or ADEQ elsewhere), with engine/turbine ratings, fuel, and potential-to-emit calculations. Accepting enforceable hour or fuel limits can keep a site below major-source levels. Gas turbines or large engine fleets raise the chance of Class I or major-source review. | Not stated | A.A.C. R18-2-302 (Cornell LII copy); A.R.S. 49-426; Maricopa County Emergency ICE General Permit PDF (https://www.maricopa.gov/DocumentCenter/View/16988/Emergency-ICE-General-Permit-PDF) |
| Construction stormwater | AZPDES Construction General Permit AZG2025-001 (Notice of Intent) | ADEQ Water Quality Division | Construction that disturbs one or more acres, or less than one acre if part of a larger common plan of development or sale that will ultimately disturb one acre or more. The 2025 permit is effective August 29, 2025 and expires August 28, 2030. | Prepare a stormwater pollution prevention plan (SWPPP) before filing, submit a Notice of Intent and pay fees in ADEQ's myDEQ portal, and receive an authorization to discharge. For sites with outfalls within 1/4 mile upstream of an impaired, not-attaining, or Outstanding Arizona Water that is a WOTUS, coverage is not effective for 30 calendar days after submittal and ADEQ may review it. Local grading and drainage rules apply separately. | Routine coverage begins once the NOI is submitted, fees paid, and authorization issued; 30 calendar days for sites near impaired or Outstanding Arizona Waters. | ADEQ AZPDES CGP AZG2025-001 (permit text, copy hosted on a civicplus asset server) |
| Wetlands and waters | Clean Water Act Section 401 water quality certification (only if a federal 404 permit is needed) | ADEQ (state); U.S. Army Corps of Engineers issues the 404 permit | Only when the project needs a federal Clean Water Act Section 404 permit (fill in waters of the United States). A.R.S. 49-202 has the Arizona environmental quality department process Section 401 certification requests for certain 404 permits. Many Arizona sites on dry washes may not involve jurisdictional waters; a delineation is needed to know. | Do a jurisdictional waters delineation. If the project fills jurisdictional waters, apply to the Corps for the 404 permit and request 401 certification from ADEQ. ADEQ must decide the request and tell the applicant in writing; a denial must include a detailed description of the reasons. | Not stated | A.R.S. 49-202 (azleg.gov) |
| Water supply | Water supply: Active Management Area rules, Assured Water Supply, municipal service or industrial groundwater permit partly confirmed | Arizona Department of Water Resources (ADWR); local water providers | In an Active Management Area (AMA), a person offering subdivided land for sale or lease must obtain an ADWR certificate of assured water supply before presenting the plat for approval, unless the subdivider has a written commitment of water service from a designated provider (A.R.S. 45-576). The director designates private water companies, cities and towns in AMAs that have an assured water supply. Assured water supply means water continuously available for at least 100 years (45-576). Separately, ADWR's Phoenix AMA groundwater model update is reported to mean new Assured Water Supply determinations there cannot rely on groundwater alone; existing certificates and designations continue (from an ADWR page excerpt in search results; the page returned 403, so unconfirmed). A.R.S. 45-515 allows a general industrial use groundwater permit (up to 50 years) only outside a city or water company service area and only if conditions are met, including that uncommitted CAP water, other adequate surface water or effluent, and purchasable irrigation grandfathered rights are not available on stated cost terms, that within three miles of a service area the provider has denied service, and that sufficient groundwater is available for the permit life. | Most data centers in metro areas will contract for service from a municipal or private water provider with an Assured Water Supply designation, and the provider's capacity and any local data center water policy then control. Self-supplying with groundwater requires an ADWR permit or existing rights and, in an AMA, meeting the 45-515 conditions. Confirm the AMA and provider status of the specific parcel with ADWR. | Not stated | A.R.S. 45-515 and 45-576 (azleg.gov, opened); ADWR Phoenix AMA groundwater supply updates page seen only in search results (403 when opened) |
| Wastewater and cooling discharge | Aquifer Protection Permit (and related discharge / pretreatment approvals) | ADEQ (APP and AZPDES); local sewer utility for pretreatment | A.R.S. 49-241 requires an Aquifer Protection Permit (individual or general) for any person who discharges or owns or operates a discharging facility. Listed facilities include surface impoundments (holding, settling, treatment or disposal ponds and lagoons), injection wells, land treatment facilities, facilities that add a pollutant to a dry well, and sewage treatment facilities including on-site wastewater treatment. Exceptions apply for facilities exempted under A.R.S. 49-250 and where the director determines the facility will be designed, built and operated so there is no migration of pollutants. | Check whether any cooling water or blowdown plan uses a listed facility type, such as a pond, dry well, injection well or land treatment area; if so, plan for an Aquifer Protection Permit or a documented exemption. Surface-water discharge (AZPDES) and local sewer pretreatment rules were not confirmed here and must be checked separately. | Not stated | A.R.S. 49-241 (azleg.gov) |
| Utility and power siting | Certificate of Environmental Compatibility (CEC) and large-load electric service approvals | Arizona Corporation Commission and the Power Plant and Transmission Line Siting Committee | The Siting Committee reviews proposed power plants and above-ground transmission lines. By statute (A.R.S. 40-360), a power plant is a single thermal, nuclear, or hydroelectric generating unit rated at 100 MW or more, and a transmission line is one with five or more new above-ground structures spanning more than one mile, designed for 115 kV or more. A private on-site generator below 100 MW per unit, and substations or lines below these thresholds, would not trigger a CEC. Separately, the ACC opened docket E-00000A-25-0069 on large load users in 2025 and held a workshop on April 16, 2026; APS and SRP proposed an extra high load factor rate, bring-your-own-power, and up-front financial commitments. In December 2025 the ACC approved a 10-year energy supply agreement for a TEP data center project (286 MW forecast). The APS rate case, which includes the extra high load factor rate changes, is expected to go to a Commission vote by December 31, 2026. | If a plant or line meets the thresholds, the utility (not the data center) files a CEC application; the Committee holds a hearing and the full Commission votes. The data center itself will negotiate service with its utility (APS, TEP, or SRP) and expect minimum billing, contract length, and customer-funded infrastructure terms. SRP is a public power entity, so the ACC process may not govern its terms (not confirmed). | Not stated | A.R.S. 40-360; ACC Siting Committee page (https://azcc.gov/arizona-power-plant); ACC workshop highlights (https://www.azcc.gov/news/home/2026/04/20/acc-large-load-data-center-workshop-highlights) |
| Local land use and zoning | Local zoning, site plan and design review | City, town or county planning department | Under A.R.S. 9-462.01, a city or town governing body may adopt zoning ordinances covering land use categories, building height and bulk, setbacks, off-street parking, signs and overlay districts. Zoning must be uniform within each zone and conform to the adopted general plan. A zone may allow conditional uses subject to additional requirements, which may include site plan review and approval by the planning agency. Overlay districts are adopted under the notice and hearing process in A.R.S. 9-462.04. County zoning (Title 11) and any local data center ordinances were not confirmed. | Check the zoning district and use table of the specific city or town, hold a pre-application meeting, and expect site plan review and possibly a conditional use or rezoning process with public notice. For unincorporated land, check the county's rules. | Not stated | A.R.S. 9-462.01 (azleg.gov) |
| Incentives and conditions | Computer Data Center sales tax relief certification (currently closed to new applications) | Arizona Commerce Authority with Arizona Department of Revenue | A.R.S. 41-1519: a new data center needs combined new investment within five years of $25 million (county of 800,000 or fewer residents) or $50 million (larger county), and the owner must certify it will not generate electricity for resale or sale outside the center. The statute sets no square footage or job count. Qualification lasts 10 full calendar years (20 for sustainable redevelopment projects). Colocation tenants qualify if they use at least 500 kW per month for two or more years. However, 2026 H.B. 4168 (chapter 140), Section 31, says that from July 1, 2026 through June 30, 2029 the Commerce Authority may not accept applications for any new computer data center under 41-1519 and no new data centers qualify for tax relief; the section applies retroactively from and after June 30, 2026 and is repealed after June 30, 2029. | A new data center applying now cannot get the 41-1519 certification until the pause ends, and the statute stops certifying applications submitted after December 31, 2033. Underwrite projects without the exemption unless the facility was certified before the pause. | Statute: Commerce Authority approves or denies within 60 days or the application is deemed approved (not usable during the pause). | 2026 H.B. 4168 (Laws 2026, ch. 140) Sec. 31; A.R.S. 41-1519 (https://www.azleg.gov/ars/41/01519.htm) |
Rules and bills aimed at data centers
- 2026 H.B. 4168 (Laws 2026, ch. 140), Sec. 31: enacted budget bill; Commerce Authority may not accept new computer data center tax relief applications under A.R.S. 41-1519 from July 1, 2026 through June 30, 2029 (confirmed from the chaptered law text).
- 2026 H.B. 2756 (utilities; high load factor customers), Laws 2026 ch. 111: enacted, approved June 4, 2026. Per the chaptered text: electric public service corporations file semiannual reports with the ACC on new extra high load factor customers (number of interconnection requests and completed interconnections); public power entities serving over one million connections report to their governing bodies; cooperatives and corporations with 40,000 or fewer connections are exempt from the ACC reporting. The ACC may set service terms for such customers lacking a tariff (minimum billing, contract length, early exit, collateral, customer-paid infrastructure) and may request cost-of-service studies. No numeric load threshold is in the text; the term is defined by the entity or the ACC. The new provisions and A.R.S. 40-207 are repealed after December 31, 2033.
- 2026 H.B. 2949 (require large data centers to cover energy costs): reported as introduced and not advanced (status from secondary reports, not confirmed on azleg.gov).
- 2026 H.B. 2026 (assured water supply; commingling) was vetoed April 13, 2026; it does not mention data centers.
- ACC docket E-00000A-25-0069 (large load users / data centers): workshop held April 16, 2026; discussion of a universal large load tariff plus energy service agreements; no final rule confirmed.
- News reports state the Arizona Attorney General asked for a data center pause in September 2026 and the Governor rejected a moratorium; no state moratorium law was confirmed.
Not confirmed or varies by locality
- Class I vs Class II outcome for a given site depends on potential-to-emit calculations and the county; major source thresholds were not confirmed here, and no air permit processing time was found.
- Whether a data center's on-site gas generation would qualify as a CEC power plant depends on per-unit nameplate rating (100 MW); the 2024 UniSource multi-unit dispute over this reading was not resolved from sources opened.
- ADWR actions specific to data centers (and how data centers are classed under AMA industrial rules) were not found; ADWR and ADEQ pages blocked automated access (403).
- No state environmental review statute was identified; not confirmed that none exists.
- ADWR's Phoenix AMA Assured Water Supply statement (no new groundwater-based determinations) is not confirmed from an opened primary page; ADWR pages return 403.
- Section 401 timing and fees, AZPDES surface-discharge basics (A.R.S. 49-255), county zoning (Title 11), building/fire code adoption, and sewer pretreatment rules were not confirmed from opened pages.
- The APS rate case outcome on extra high load factor rates (Commission vote due by December 31, 2026) is unconfirmed.
Checked 2026-11-05.
California
In California a new data center is normally approved by a city or county through a discretionary process that triggers CEQA review, with backup generators permitted by the local air district and construction stormwater and any wetland impacts handled through the Water Boards. A package of data center bills was reported signed in September 2026 (law firm report only; bill text was not opened), which would add CEQA, utility tariff and water disclosure requirements.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | Air district permit for standby engines partly confirmed | Local air quality management district (e.g. Bay Area, San Joaquin Valley, South Coast) | Stationary diesel engines such as emergency generators. Under the CARB stationary diesel engine air toxic control measure, new emergency standby engines may not operate more than 50 hours per year for maintenance and testing (17 CCR 93115.6(a)(3)(A)1.c), with the district allowed up to 100 hours if diesel PM is 0.01 g/bhp-hr or less. Emergency use and compliance emission testing are not limited by that cap. | Plan for an air district authority to construct and permit to operate with district-specific conditions, plus compliance with the CARB measure. The district permit process itself was not confirmed from a page opened; district rules vary. | Not stated | 17 CCR 93115.6 (Cornell LII) |
| Construction stormwater | Construction General Permit coverage partly confirmed | State Water Resources Control Board / Regional Water Boards | Projects disturbing one or more acres of soil, or less than an acre if part of a larger common plan of development totaling one acre or more. | Coverage under the 2022 Construction Stormwater General Permit (Order 2022-0057-DWQ, effective September 1, 2023). The requirements for SWPPP and qualified personnel are in the permit order, which was not opened. | Not stated | State Water Board construction stormwater page |
| Wetlands and waters | Section 401 certification / waste discharge requirements | State Water Board and Regional Water Boards | Discharge of dredged or fill material to waters of the state or federal waters. | The Water Boards issue 401 certifications and waste discharge requirements under the Porter-Cologne Act, apply the State Wetland Definition and Procedures, and issue general orders for low-impact activities. Regional Boards handle most single-region projects. | Not stated | State Water Board 401 program page |
| Environmental review | CEQA review | City or county lead agency | CEQA applies to discretionary projects, where an agency uses judgment in deciding whether and how to approve a project; ministerial approvals are not covered (14 CCR 15002, 15357). | A data center needing a rezone, use permit or similar discretionary approval will need CEQA documentation (exemption determination, negative declaration or EIR) before approval. Whether a by-right data center is ministerial depends on the local code. | Not stated | 14 CCR 15002 CEQA Guidelines (Cornell LII) |
Rules and bills aimed at data centers
- Reported by Mayer Brown (September 2026 article, bill text not opened): Governor signed seven data center bills on September 21, 2026: SB 887 (removes categorical CEQA exemptions for data centers), AB 1577 (energy and sound reporting), AB 2619 and AB 2469 (water use reporting and, from January 1, 2028, a water-supply assessment and scarcity plan), SB 886 and AB 2383 (CPUC tariffs by January 1, 2028 so data centers pay interconnection and generation costs), SB 1168 (rate structure assessment). Verify against the chaptered text before relying on it.
- Reported by Morgan Lewis (January 2026): SB 57, signed October 2025, is a study of cost shifts by the CPUC rather than a tariff mandate.
- Reported by Mayer Brown: Los Angeles County has a temporary ban on data center development in unincorporated areas while it considers a permanent prohibition.
Not confirmed or varies by locality
- Chaptered text, chapter numbers, thresholds and effective dates of the 2026 bills were not read.
- Local air district permit procedures vary by district and were not confirmed.
- CPUC/CAISO interconnection, local zoning, water supply and any tax incentives were not sourced.
Checked 2026-11-05.
Colorado
A Colorado data center is mainly gated by local land use approval (county or city, which may include a moratorium; Denver has a 12-month pause on new data center permits), a CDPHE Air Pollution Control Division air permit/APEN for backup generators, a water supply path (municipal tap, or a well permit/water right under prior appropriation), and construction stormwater coverage. Colorado has no state data-center siting law and no state data-center tax incentive; the 2026 incentive bill (HB26-1030) and the regulation bill (SB26-102) both failed. CDPHE agency pages and the state air regulation text could not be opened in this check, so the air and stormwater items remain partial.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | Air permit / APEN for engines and generators partly confirmed | Colorado Dept. of Public Health and Environment (CDPHE), Air Pollution Control Division | Stationary engines/turbines that emit above Regulation No. 3 reporting levels need an Air Pollutant Emission Notice (APEN); a construction permit is needed unless exempt. Regulation No. 3 lists exemptions; a search-result excerpt of the regulation says emergency power generators operating no more than 250 hours per year are exempt from APEN filing, but the current rule text was not opened. Exact current APEN levels and major-source thresholds were not confirmed. | File an APEN and, if not exempt, a construction permit application with the Division before installing the equipment. Large sources can trigger major source (Title V / PSD) review. | Not stated | CDPHE APCD APEN and permitting exemptions (seen in search results; page returned 403; regulation text pages also could not be opened) |
| Construction stormwater | Construction stormwater general permit COR400000 partly confirmed | CDPHE Water Quality Control Division | Construction disturbing one acre or more, or less than one acre if part of a larger common plan of development that will disturb one acre or more (from search-result excerpts; the CDPHE page returned 403). | Apply for permit coverage through the state online system (CEOS; a county stormwater page also says applications go through CEOS) and keep a stormwater management plan. Post-construction requirements typically come from local stormwater (MS4) rules and were not confirmed. | Not stated | CDPHE COR400000 page (seen in search results; page returned 403) |
| Wetlands and waters | Wetlands and waters (federal 404 / state 401) | U.S. Army Corps of Engineers; CDPHE Water Quality Control Division | Clean Water Act section 404 (33 U.S.C. 1344) authorizes the Secretary of the Army, acting through the Corps of Engineers, to issue permits for discharge of dredged or fill material into navigable waters. Under section 401 (33 U.S.C. 1341(a)(1)), an applicant for a federal permit for an activity that may discharge into navigable waters must provide a certification from the state where the discharge originates. | Apply to the Corps for a 404 permit and obtain the state's 401 certification. Colorado-specific procedures and timelines were not confirmed. | Not stated | 33 U.S.C. 1344 (Cornell LII); 401 text from 33 U.S.C. 1341 (https://www.law.cornell.edu/uscode/text/33/1341) |
| Water supply | Water supply: municipal tap, well permit, or water right | Colorado Division of Water Resources (State Engineer); Ground Water Commission; Colorado water courts | Outside designated ground water basins, C.R.S. 37-90-137 requires a written application to the State Engineer for a new well; the State Engineer issues a permit only if unappropriated water is available and vested water rights of others will not be materially injured, generally acts within 45 days of receiving an application, and a permit generally expires one year after issuance unless the well and pump are completed or an extension is granted. In designated ground water basins (C.R.S. 37-90-107), the Ground Water Commission decides well permit applications. For groundwater from the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers, the statute says judicial approval of augmentation plans is required before use of the groundwater. | Most data centers buy water from a municipal or district provider (tap/service agreement), or acquire water rights and, where needed, an augmentation plan through water court. Whether a particular well qualifies for an exemption was not confirmed. | State Engineer is to act within 45 days of receiving a well permit application (outside designated basins). | C.R.S. 37-90-137 (colorado.public.law); designated basins from C.R.S. 37-90-107 (https://colorado.public.law/statutes/crs_37-90-107) |
| Wastewater and cooling discharge | Discharge permit | CDPHE Water Quality Control Division (CDPS) | C.R.S. 25-8-501(1): no person may discharge any pollutant into state waters from a point source without first obtaining a permit from the Division (the Colorado Discharge Permit System). Discharge to a sewer is governed by the local utility's pretreatment program, which was not confirmed here. | Apply to the Division for a discharge permit before any direct discharge to state waters. Application details and timelines were not confirmed. | Not stated | C.R.S. 25-8-501 (colorado.public.law) |
| Utility and power siting | Colorado PUC role for new utility facilities | Colorado Public Utilities Commission | Under C.R.S. 40-5-101, a public utility must get a certificate of public convenience and necessity from the PUC before building a new facility, plant or system, with listed exceptions for certain extensions in territory it already serves. The statute says the PUC review does not include land use rights or siting issues for proposed electric transmission lines, which fall under local land use regulation. HB26-1030, which would have let utilities file resource applications with the PUC for large-load customers, was postponed indefinitely, so it did not become law. | Large loads generally work through the serving utility's interconnection and tariff process. Any large-load tariff proceedings at the PUC were not confirmed. | Not stated | C.R.S. 40-5-101 (colorado.public.law); HB26-1030 status from https://leg.colorado.gov/bills/hb26-1030 |
| Local land use and zoning | County/city zoning and site approvals | County or municipal planning department | C.R.S. 29-20-104 gives each local government authority to plan for and regulate the use of land within its jurisdiction. Denver's City Council unanimously approved a one-year (12-month) moratorium on new data center permits and site development plan applications for facilities where a data center is the primary use, effective May 21, 2026; a facility already under construction was not affected, and a working group will study impacts and recommend policy (Denver Gazette). Other jurisdictions may have adopted or be considering moratoria; none others were confirmed here. | Apply to the local jurisdiction; requirements vary by locality. In Denver, check the moratorium before filing. | Not stated | Denver Gazette, 2026-05-19 (moratorium; corroborated by GovTech); local authority from C.R.S. 29-20-104 (https://colorado.public.law/statutes/crs_29-20-104) |
| Building and fire | Building and fire permits partly confirmed | Local building and fire departments | New construction generally needs local building and fire permits; not sourced from a primary page in this check. | Local plan review and inspections under the locally adopted codes. | Not stated | Not specifically sourced (general local land use authority statute only) |
| Environmental review | Environmental review partly confirmed | n/a | No Colorado general NEPA-style state review law was confirmed. Federal NEPA applies only if a federal permit or funding is involved. | Not confirmed. | Not stated | Not specifically sourced |
| Incentives and conditions | State data center incentives | Colorado General Assembly / Office of Economic Development | No state data-center tax incentive was in force as of this check. HB26-1030 (100% state sales/use tax exemption for 20 years for certified data centers, with a $250 million investment in five years, jobs, water stewardship and backup generation conditions) was postponed indefinitely on 05/07/2026 (11-2 vote in House Energy & Environment). | Nothing to apply for at the state level currently. | Not stated | Colorado General Assembly, HB26-1030 bill page |
Rules and bills aimed at data centers
- HB26-1030 (2026): data center development authority and sales/use tax exemption for certified data centers. Lost; postponed indefinitely 05/07/2026 (11-2).
- SB26-102 (2026, Sen. Kipp and Rep. Brown), Large-Load Data Centers: would have set requirements for facilities adding more than 30 MW of peak load (or multiple facilities over 60 MW combined), including renewable matching from 2031, utility up-front payment or 15-year contract conditions, and local siting model codes. Lost; Senate committee postponed it indefinitely 05/11/2026 (9-0), per the legislature's bill page.
- Denver: City Council unanimously approved a 12-month moratorium on new data center permits and site development plan applications, effective May 21, 2026 (Denver Gazette, GovTech). Opened news pages gave no bill number or tally.
Not confirmed or varies by locality
- CDPHE and Colorado Newsline pages returned HTTP 403, and state regulation text hosts did not open, so air thresholds (APEN levels, the 250-hour emergency generator exemption wording, major-source thresholds), COR400000 terms and permit processing times are from search-result excerpts only.
- Colorado 401 certification procedures and CDPS application details not confirmed.
- Whether a given well is exempt from permitting, and DWR's current augmentation guidance, not confirmed.
- PUC large-load tariff proceedings not confirmed.
- State-adopted building codes, other local moratoria (outside Denver) and pretreatment/post-construction stormwater rules vary by locality and were not verified.
Checked 2026-11-05.
Connecticut
In Connecticut the main state-level gating items found are DEEP air handling of emergency engines (an exemption path limited to 300 hours per year, or an individual permit), DEEP construction stormwater coverage that turns on acreage and whether a local commission approves the project, and a DEEP water diversion program for withdrawals of 50,000 gallons or more in 24 hours. Local planning and zoning approval is central, and the governor said in September 2026 that the state is the wrong place for massive data centers; no statewide data center moratorium or new law was confirmed.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | DEEP air permit or exemption for emergency engines | CT Department of Energy and Environmental Protection, Bureau of Air Management | DEEP's fact sheet states that owners and operators of emergency engines with potential emissions equal to or greater than 15 tons per year have three compliance options: operate under RCSA 22a-174-3b, operate under 22a-174-3c, or obtain an individual permit under 22a-174-3a. | Emergency engines operating under section 3b are limited to 300 hours in any twelve consecutive months and must use fuel with sulfur content no higher than federal motor vehicle diesel fuel; most remain exempt from everything except the compliance plan, recordkeeping and reporting requirements of section 22. Large non-emergency generation or fleets that exceed these paths would need an individual new source review permit; the fact sheet does not define those thresholds. | Not stated | DEEP Distributed Generators and Emergency Engines Fact Sheet |
| Construction stormwater | Construction stormwater general permit (CTR100000) | CT DEEP; local land-use commissions; Soil and Water Conservation Districts | Per DEEP's January 2026 fact sheet: locally approvable projects disturbing five acres or more must apply to DEEP with a Stormwater Pollution Control Plan; locally approvable projects disturbing between one and five acres need no DEEP application if reviewed and approved by a local land-use commission; locally exempt projects (for example state, federal or municipal-permittee projects) disturbing one acre or more must apply. | For five acres or more, an application and Stormwater Pollution Control Plan prepared by a Qualified Professional (engineer or soil erosion and sediment control professional) and reviewed and certified by a Qualified Professional or a Soil and Water Conservation District. | The fact sheet says new locally approvable projects submit the application sixty days before construction starts (sixty or ninety days for locally exempt projects depending on disturbance). | DEEP Construction Stormwater General Permit Fact Sheet, January 2026 |
| Water supply | Water diversion permit or registration | CT DEEP Water Diversion Program | Water users withdrawing 50,000 gallons or more in a 24-hour period from groundwater, surface water or both generally fall under the program; the page does not spell out which users need a permit versus a registration. | Contact DEEP to determine the authorization needed. Every authorized user must file an annual report of daily water usage. | Not stated | DEEP Water Diversion Program page |
| Local land use and zoning | Municipal planning and zoning approval partly confirmed | Municipal planning and zoning commission (and inland wetlands commission where applicable) | Siting a new data center in a town; the governor was quoted in September 2026 saying towns have a right under planning and zoning to decide a data center is not appropriate in their town. | Local zoning and land-use approval, which also feeds into the stormwater permit pathway above. The specific local approvals vary by municipality and were not researched from an official source. | Not stated | WSHU news report, Sept. 7, 2026 |
Rules and bills aimed at data centers
- Reported by WSHU (Sept. 7, 2026): Gov. Lamont said Connecticut is the wrong place for massive data centers, would first want PURA review of any self-powered proposals, and affirmed towns' planning and zoning authority; the article describes no moratorium or new law.
- Reported by WSHU: the state opened data center tax incentives in 2021 and has since pulled back after few takers; the article names a sales tax rebate to Cigna for its Windsor data center. Program terms were not read from an official source.
- Reported by news: a 2026 bill (HB 5469, large electric load customers and colocated suppliers) was listed as dead on a bill tracking page; status not confirmed from the General Assembly site.
Not confirmed or varies by locality
- PURA large-load tariff or interconnection requirements were not confirmed.
- Connecticut Siting Council jurisdiction over on-site generation or a data center depends on the facility and site (a Millstone petition was reported by news); not confirmed from a primary page.
- Inland wetlands permitting (local commission), Connecticut Environmental Policy Act, and Section 401 not researched.
- Data center sales tax exemption or incentive terms not confirmed.
- Wastewater/pretreatment and building rules not researched.
Checked 2026-11-05.
Delaware
In Delaware the sharpest gating issue is the Coastal Zone Act: DNREC's February 2026 status decision found a 516-generator data center campus in New Castle County prohibited there. Elsewhere, a project needs a DNREC Regulation 1102 air permit for non-emergency generators or emergency generators over 450 kW, a water allocation permit above 50,000 gpd (plus DRBC approval over 100,000 gpd in the basin), sediment and stormwater plan approval, and service under a PSC large-load tariff that is still being developed for loads of 25 MW or more.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | DNREC Regulation 1102 construction permit and generator registration | DNREC Division of Air Quality | All stationary generators must be registered whether or not a permit is needed. All non-emergency generators of any size require a Regulation 1102 permit; any emergency generator of greater than 450 kW also requires a permit. | Registration with the Division of Air Quality plus a Regulation 1102 construction permit for covered units. Non-emergency generation must meet specific emissions standards. Emergency units may run only during grid-related emergencies. | Not stated | DNREC Stationary Generator Emissions page |
| Construction stormwater | Sediment and stormwater plan approval (7 DE Admin Code 5101) partly confirmed | DNREC Sediment and Stormwater Program / delegated agencies | DNREC's MS4 fact sheet describes construction sites with land disturbance of greater than 5,000 square feet as covered under the Delaware Sediment and Stormwater Regulations, administered directly or through delegated agencies. | An approved sediment and stormwater plan, often through the county or other delegated agency. The state regulation text itself and the NPDES construction general permit coverage were not opened. | Not stated | DNREC 2024 Phase II Tier I MS4 Fact Sheet |
| Water supply | Water allocation permit and DRBC approval | DNREC Division of Water; Delaware River Basin Commission | Major withdrawals require a water allocation permit under 7 DE Admin Code 7303; minor surface withdrawals under 50,000 gpd use a short form and minor groundwater withdrawals are authorized by the well permit. Withdrawals in DRBC jurisdiction that exceed 100,000 gpd also need separate DRBC approval; DRBC jurisdiction covers parts of all three Delaware counties. | Application on the form for the withdrawal type; DNREC grants an equitable allocation if supply is adequate and no harmful effect is expected. | Not stated | DNREC Water Allocation Permitting page |
| Utility and power siting | PSC large load tariff and interconnection pause | Delaware Public Service Commission | A facility using 25 MW or more counts as a large load facility. | In September 2025 the PSC voted to open a docket to develop a large load tariff and paused interconnection of new large load facilities in Delmarva Power and Light territory until a tariff is established, so cost allocation and tariff terms are not yet settled. The press release does not give the docket number. | Not stated | Delaware PSC news release, Oct. 14, 2025 |
| Environmental review | Coastal Zone Act status decision | DNREC Office of the Secretary | Proposed industrial development in Delaware's Coastal Zone; DNREC offers a Status Decision on whether a project is exempt, needs a Coastal Zone permit, or is prohibited. | In its February 3, 2026 decision on a proposed 11-building data center campus (Project Washington, New Castle County), DNREC found the project prohibited. It cited the Coastal Zone regulations' prohibition on new tank farms over 5 acres not associated with manufacturing (516 diesel tanks with co-located generators and 516 stacks) even though standard backup generation is listed as an unregulated use. Sites outside the Coastal Zone are not subject to this act. | That application was received October 31, 2025 and decided February 3, 2026, per the decision letter. | DNREC Status Decision letter, Feb. 3, 2026 (posted copy) |
Rules and bills aimed at data centers
- DNREC Coastal Zone Act Status Decision, Feb. 3, 2026: Project Washington (Starwood Digital Ventures) prohibited in the Coastal Zone; news outlets (Delaware Public Media, WDEL) report that a review board later upheld the decision and the developer says it will proceed; those articles were not opened.
- PSC large load tariff docket and Delmarva interconnection pause (25 MW threshold), opened September 2025.
- Reported by Spotlight Delaware (June 8, 2026): HB 233 (large-load tariff and service agreement requirements, merged with SB 205) had passed committee; HB 445 (data centers to produce 25% of in-state energy used at start of operations) had not been debated. Final status unconfirmed.
Not confirmed or varies by locality
- Final status of HB 233, SB 205 and HB 445 after June 2026.
- Text of 7 DE Admin Code 5101 and NPDES construction general permit coverage and thresholds not opened.
- Wetlands, subaqueous lands, Section 401 and Coastal Zone permit pathways for non-prohibited uses not researched.
- County land use approvals (New Castle, Kent, Sussex) not researched.
- Delaware data center sales tax or incentive terms not researched; wastewater and building rules not researched.
Checked 2026-11-05.
Florida
Florida enacted a 2026 data center law (CS/CS SB 484) that creates a large-load utility tariff regime at the Public Service Commission and a separate, stricter water consumptive use permit track for large-scale data centers (50 MW or more). Beyond that, a new data center still needs the usual air, stormwater, environmental resource and local land-use approvals. Local governments keep planning and zoning authority.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | Air construction permit (or exemption / general permit) partly confirmed | Florida Department of Environmental Protection | New facility or emissions unit that emits air pollutants. Rule 62-210.300(3) lists exemptions, including stationary reciprocating engines meeting listed conditions with collective annual fuel limits (53,000 gal gasoline, 64,000 gal diesel, 288,000 gal propane, 8.8 million scf natural gas) and generic unit/facility emission thresholds. | Obtain an air construction permit before construction unless an exemption applies or the facility registers for an air general permit; new major sources and major modifications still need a construction permit. The page opened does not say how emergency engines are treated separately, so check the full rule for a given generator plan. | Not stated | Fla. Admin. Code 62-210.300 (Cornell LII) |
| Construction stormwater | NPDES construction stormwater coverage | FDEP (state-administered NPDES) under federal rule | Federal rule: construction disturbing 5 acres or more, and 1 to under 5 acres, including smaller sites in a larger common plan of development (40 CFR 122.26(b)(14)(x), (b)(15)). | Florida adopts a Generic Permit for Stormwater Discharge from Large and Small Construction Activities (Rule 62-621.300(4)) using a Notice of Intent and a Notice of Termination when finished. | Not stated | 40 CFR 122.26 (Cornell LII); Fla. Admin. Code 62-621.300 |
| Wetlands and waters | Environmental Resource Permit | FDEP or water management district | Rule 62-330.020(2): any project in, on or over wetlands or surface waters; more than 4,000 sq ft of vehicular impervious area; more than 9,000 sq ft total impervious area; or a total project area over five acres (among other triggers). | A data center site will almost always exceed the impervious or project area triggers, so plan for an ERP covering stormwater management and any wetland impacts, unless an exemption in the rule applies. | Not stated | Fla. Admin. Code 62-330.020 (Cornell LII) |
| Water supply | Consumptive use permit for a large-scale data center | Water management district or FDEP | Large-scale data center: a single location with an on-site data center and anticipated monthly peak load of 50 MW or more (s. 373.203(4), F.S.). Applications with an average daily flow of at least 100,000 gallons per day must include all water sources and uses and a water conservation plan. | The permit may not be issued if the use is harmful to area water resources or prohibited by local zoning or the comprehensive plan. The applicant must show a reasonable-beneficial use that does not interfere with existing legal uses and is consistent with the public interest. Reclaimed water must be required in place of all or part of the use when available and feasible. Approval without a hearing is prohibited, and modifications are treated like an initial application. | Not stated | CS/CS SB 484 (2026) enrolled text |
| Wastewater and cooling discharge | Industrial wastewater facility permit partly confirmed | FDEP | Industrial wastewater facilities that discharge wastes into waters (Rule 62-620.100(2)(b)). | A site discharging cooling blowdown directly to waters would need a permit under chapter 62-620. Groundwater discharge and pretreatment to a utility sewer were not confirmed from the page opened. | Not stated | Fla. Admin. Code 62-620.100 (Cornell LII) |
| Utility and power siting | Large load tariff service (PSC-approved) | Florida Public Service Commission / serving public utility | Customer with an anticipated monthly peak load of 50 megawatts or more (s. 366.043, F.S., as created by CS/CS SB 484). | Public utilities must file PSC-approved tariffs with minimum requirements so large load customers bear their full cost of service. The act bars splitting a load at one location to avoid the classification, says the PSC may approve tools such as demand charges, minimum load factors, take-or-pay provisions and financial guarantees, and provides that tariffs may not prevent curtailment needed for grid stability or emergencies. Utilities may not knowingly serve a large load customer that is a foreign entity. | Not stated | CS/CS SB 484 (2026) enrolled text |
| Local land use and zoning | Local planning and land development approval | City or county | Any large load customer site. | SB 484 (s. 163.326, F.S.) states local governments keep authority over planning and land development regulation for large load customers, and a large load customer may not be considered an electric substation for purposes of s. 163.3208. Rezoning and site plan steps are set by the local code. | Not stated | CS/CS SB 484 (2026) enrolled text |
Rules and bills aimed at data centers
- CS/CS SB 484 (2026): large load tariffs at the PSC (50 MW threshold), anti-splitting, foreign-entity service bar, filing deadline of October 1, 2026 for each public utility, and a separate large-scale data center water permit track (enrolled text read). News reports (News4Jax, Capitolist) describe it as signed in May 2026 and effective July 1, 2026; the enrolled text itself gives effective dates by section.
- SB 484 limits the confidentiality extension under s. 288.075(2)(a)2. for information relating to data centers; it does not by itself ban NDAs per the text read.
- SB 484 directs an OPPAGA study due July 1, 2027.
Not confirmed or varies by locality
- Final PSC-approved tariff terms for each utility (filings were due October 1, 2026) were not reviewed.
- Emergency-generator air treatment, groundwater discharge and sewer pretreatment rules were not confirmed.
- Sales tax exemption/incentive status for data centers was not sourced.
Checked 2026-11-05.
Georgia
In Georgia a data center typically needs a state air permit to construct (backup generators are usually the driver), construction stormwater coverage, a water supply and wastewater path, and local zoning. For loads above 100 MW served by Georgia Power, a PSC-approved rule allows special contract terms and PSC review of the contract.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | Air permit to construct (SIP permit) and emergency generator exemption partly confirmed | Georgia EPD, Air Protection Branch | Rule 391-3-1-.03(1)(a) requires a permit from the Director to construct or modify a facility that may cause air pollution. Under 391-3-1-.03(6), engines used exclusively as emergency generators are exempt from a SIP permit if they meet the rule's definition: backup power when utility power is interrupted and operation for less than 500 hours per year. The page states a lower hours figure (200 hours per year) applies in a list of named counties including Cobb, DeKalb, Fulton and Gwinnett. | The exemption cannot be used to avoid emission limits or major-source thresholds. Large data center generator fleets are generally permitted individually (see the EPD permit narrative item below), with operating-hour limits written into the permit. | Not stated | Ga. Comp. R. & Regs. 391-3-1-.03 (Cornell LII) |
| Air (generators, turbines) | Example: EPD data center permit narrative (Fulton County) | Georgia EPD, Air Protection Branch | Application 28436 for an existing Atlanta data center adding 113 diesel emergency generators. | The EPD narrative states the facility changes from a Title V synthetic minor to a Title V major facility, and that pre-modification potential emissions assume 500 hours per generator per year as dictated by 391-3-1-.02(2)(mmm); post-modification emissions are capped by a 99.9 tpy limit on groups of generators. | Not stated | Georgia EPD permit narrative, Application 28436 |
| Construction stormwater | NPDES construction stormwater general permits (GAR100001, GAR100002, GAR100003) | Georgia EPD, Watershed Protection Branch | Stormwater discharges from construction activity. GAR100001 and GAR100003 limit disturbance to no more than 50 acres at one time unless the EPD District Office gives prior written authorization. | Register in the Georgia EPD Online System (GEOS) and submit coverage electronically. The reissued permits took effect August 23, 2024 after an appeal stay and authorize discharges through July 31, 2028. | Not stated | Georgia EPD NPDES construction page |
| Water supply | Surface water withdrawal permit | Georgia EPD | Rule 391-3-6-.07: a permit is required before any withdrawal, diversion or impoundment of surface water above 100,000 gallons per day on a monthly average. | Apply to the EPD Director for a withdrawal permit before withdrawing. Many large users instead buy from a public water system. | Not stated | Ga. Comp. R. & Regs. 391-3-6-.07 (Cornell LII) |
| Water supply | Groundwater use permit | Georgia EPD | Rule 391-3-2-.03: a permit is required to withdraw or use groundwater in excess of 100,000 gallons per day for any purpose. | Rule 391-3-2-.04 states no groundwater shall be withdrawn until a permit has been granted, and requires an application to the Division. | Not stated | Ga. Comp. R. & Regs. 391-3-2-.03 (Cornell LII) |
| Wastewater and cooling discharge | NPDES permit for point-source discharge partly confirmed | Georgia EPD | Rule 391-3-6-.06(3)(a): anyone discharging a pollutant from a point source into state waters must obtain an EPD permit. | Industrial dischargers get limits that are the more stringent of technology-based and water-quality-based values. Discharge to a municipal sewer would follow the local utility's pretreatment rules (not confirmed here). | Not stated | Ga. Comp. R. & Regs. 391-3-6-.06 (Cornell LII) |
| Utility and power siting | Georgia Power large-load rule (over 100 MW) | Georgia Public Service Commission | Approved January 23, 2025: new customers using more than 100 megawatts can be billed under terms beyond those for standard customers. | Per the PSC release: large-load customers pay site-specific costs plus upstream generation, transmission and distribution costs as construction progresses; contracts can run 15 years instead of 5, with minimum billing; any new Georgia Power contract in the 100 MW category must be submitted to the PSC for review. | Not stated | Georgia PSC news release, Jan 23, 2025 |
| Incentives and conditions | Data center sales and use tax exemption partly confirmed | Georgia Department of Revenue | O.C.G.A. 48-8-3(68.1) exempts certain hardware and equipment purchases for high-technology data centers; per Alston & Bird it is set to expire December 31, 2031. | The source does not state the eligibility conditions; confirm with the statute or the Department of Revenue. Several 2026 bills proposed ending or pausing it (see dataCenterSpecific). | Not stated | Alston & Bird advisory, Feb 19, 2026 |
Rules and bills aimed at data centers
- PSC rule approved Jan 23, 2025: Georgia Power may bill new customers over 100 MW under special terms, and such contracts go to the PSC (PSC news release).
- 2026 session bills introduced (per Alston & Bird, Feb 2026): SB 408 (end exemption Jan 1, 2027), SB 410 (end exemption on effectiveness), SB 436 (suspend new exemption certificates July 1, 2026 to June 30, 2027), HB 559 (sunset Dec 31, 2026), HB 1012 (pause data center construction until March 1, 2027). These were introduced bills; final outcomes were not confirmed from a primary source.
Not confirmed or varies by locality
- Final outcome of 2026 data center bills not confirmed from a primary source.
- Local zoning procedure and county-specific data center ordinances not confirmed; they vary by county.
- Wetlands/401 role, building permits, and the PSC December 2025 generation certification order were not opened.
Checked 2026-11-05.
Iowa
In Iowa the confirmed state-level gates for a new data center are Iowa DNR construction stormwater authorization (General Permit No. 2) for sites disturbing one acre or more, a DNR water use permit for withdrawals above 25,000 gallons per day, and a DNR air quality construction permit for any backup/emergency generator rated 400 brake horsepower or more. Iowa's Department of Revenue runs a tiered sales and use tax exemption or refund program for data centers, with registration and annual reporting for the $200 million tier. Utility large-load rules and several other categories could not be confirmed from primary sources.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | Air quality construction permit (backup/emergency generators and other internal combustion engines) | Iowa DNR, Air Quality Bureau | Read directly (567 IAC 22.1): any internal combustion engine (e.g., a diesel backup generator) needs a DNR air quality construction permit under 22.1(1) unless it falls under an exemption in 22.1(2). Paragraph 22.1(2)"r" exempts an engine with a brake horsepower rating under 400 hp measured at the shaft, so a generator at or above that rating needs the construction permit. | Under 400 hp: no construction permit needed, but an engine manufactured, modified or reconstructed after March 18, 2009 must still submit a DNR registration/certification form before installation certifying compliance with federal NSPS (40 CFR Part 60, Subparts IIII or JJJJ) and NESHAP (40 CFR Part 63, Subpart ZZZZ) engine standards, unless the engine itself is exempt from registration as a nonroad engine under 40 CFR 1068.30. At or above 400 hp: submit a construction permit application to DNR and obtain the permit before constructing, installing, modifying or operating the equipment. | Not stated | Iowa Administrative Code 567-22.1, read directly (permit requirement at 22.1(1), exemption at 22.1(2)"r") |
| Construction stormwater | NPDES General Permit No. 2 (construction stormwater) | Iowa Department of Natural Resources (DNR) | Construction activity that disturbs one or more acres, including smaller disturbance that is part of a larger common plan of development or sale. | File a Notice of Intent through the DNR Stormwater General Permit Database with proof of public notification and the fee ($175 for 1 year, $350 for 3, $525 for 4, $700 for 5). The DNR must approve and issue authorization before soil disturbing activities start. GP #2 does not cover discharges that may temporarily degrade an Outstanding National Resource Water or Outstanding Iowa Water; those need an individual NPDES permit. | Not stated | Iowa DNR NPDES storm water page |
| Water supply | DNR water use (withdrawal) permit partly confirmed | Iowa DNR | Reported by the Business Record: any entity using more than 25,000 gallons of water a day must get a withdrawal permit from the Iowa DNR. The DNR water use rules (567 IAC chapter 50) could not be opened to confirm the wording. | Apply to the DNR for a water use permit; the Business Record article also reports criticism from the Sierra Club that DNR review of permits is inadequate. Using a municipal supply is an alternative path; details were not researched. | Not stated | Business Record (news) - confirm against 567 IAC chapter 50 |
| Incentives and conditions | Data center sales and use tax exemption or refund (large data center tier) | Iowa Department of Revenue | Large data center tier: at least $200 million invested in an Iowa physical location within six years of starting operations in Iowa, at least 5,000 square feet in total, and meeting sustainable design and construction standards under Iowa Code 103A.8B. Smaller tiers ($1 million to under $200 million) get a 50% partial refund capped at 5% of sales price. | Register with the Department using Form 78-013 and file an annual report (Form 78-014) due January 31 each year, describing backup generation fuel and electricity bought in the prior calendar year. Exemption duration for computers and most equipment is permanent; for backup fuel and electricity it is permanent if operations on the real property began before June 6, 2025, and for later property it is 10 years if located wholly or partly in a city over 30,000 people or 15 years if not. A business that does not buy tax-exempt can claim a refund. | Not stated | Iowa Department of Revenue, Data Centers guidance |
Rules and bills aimed at data centers
- The Iowa Department of Revenue page above reflects a 2025 change: backup fuel and electricity exemption duration differs depending on whether operations began before or after June 6, 2025, and large data centers must file annual reports on backup generation fuel and electricity purchased.
- HF 2447 (introduced, per the Iowa Legislature's LGI document): would require data center water usage reports to the DNR, energy usage reports to the Iowa Utilities Commission, and a separate data center tariff classification, and would bar building or expanding a data center until the utility has filed the tariff. The document shows only the introduced version; status not confirmed.
Not confirmed or varies by locality
- Air: 567 IAC 22.1's 400 hp construction-permit threshold is confirmed, but whether a bank of multiple smaller backup generators could be aggregated into one 'major source' requiring a Title V permit was not researched.
- Iowa Utilities Commission requirements for large loads and utility tariffs were not confirmed; MidAmerican and Alliant territory arrangements not researched.
- Wetlands / Section 401, wastewater discharge and pretreatment not researched.
- Iowa has no general state environmental review act confirmed here.
- Local zoning and county approvals vary; not sourced.
- The 25,000 gallons per day water use permit trigger is from news, not the rule text.
Checked 2026-11-06.
Idaho
Idaho's water rules are the most distinctive gate: a 2026 law (HB 895) bars data centers that begin construction on or after July 1, 2026 from using water for cooling as a consumptive use unless it comes from a municipal, water district, or water and sewer district system. Air permitting turns on DEQ's permit-to-construct exemptions, which cover emergency-only engines operated under 500 hours a year, and construction stormwater needs IPDES coverage. The state sales tax exemption requires a $250 million investment and 30 new jobs.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | DEQ permit to construct (or exemption) | Idaho Department of Environmental Quality, Air Quality Division | IDAPA 58.01.01 Rule 201 requires a permit to construct before commencing construction of any stationary source unless exempt under Rules 220-223. Rule 222.01.d exempts stationary internal combustion engines used exclusively for emergency purposes that operate less than 500 hours per year on listed fuels (natural gas, propane, LPG, distillate, residual fuel oils, diesel). Rule 222.01.c exempts non-emergency engines of 600 horsepower or less with horsepower-based monthly hour limits. Rule 220 conditions apply, including a 100 tons per year maximum-capacity cap and toxic air pollutant compliance (Rule 223). | Emergency-only generators can qualify for the exemption with on-site records; non-emergency or larger engine fleets, turbines, and anything failing the Rule 220 criteria need a permit to construct application. The rule edition read is marked 3-28-23, so check for later amendments. | Not stated | IDAPA 58.01.01 (Rules for the Control of Air Pollution in Idaho) |
| Construction stormwater | IPDES Construction General Permit (IDR100000) | Idaho DEQ | Construction disturbing one or more acres that discharges stormwater; sites under one acre that are part of a larger common plan of development or sale are also covered. | Complete a SWPPP first, submit an NOI through the IPDES E-Permitting System before earth disturbance and pay the fees; DEQ does not review the NOI until the fee is paid, and a 14-day review period starts once the NOI is deemed complete. | 14-day external agency review begins when the NOI is deemed complete. | Idaho DEQ IPDES permits page |
| Water supply | Water right and data center cooling limit (Idaho Code 42-201, 42-203A, new 42-252) | Idaho Department of Water Resources | Idaho Code 42-201 requires a valid water right and the application, permit and license process for public surface and ground water. Under HB 895 (2026), new section 42-252 provides that data centers that begin construction on or after July 1, 2026 may not use water for cooling purposes as a consumptive use unless the water is supplied by a municipal, water district, or water and sewer district system. | For cooling, a new data center must be served by a municipal, water district, or water and sewer district system or use non-consumptive cooling. HB 895 also states legislative findings that data center water needs conflict with the local public interest, are contrary to water conservation, and may harm the local economy of the source watershed, and directs the Director to consider these findings on new appropriations or transfers for data centers. Under 42-203A the director may reject or condition applications on grounds including reduced water for existing rights, insufficient supply, local public interest and conservation. | Not stated | Idaho HB 895 (2026) bill text; Idaho Code 42-201 and 42-203A |
| Utility and power siting | Large-load electric service agreement (HB 756, introduced) partly confirmed | Idaho Public Utilities Commission | As introduced, HB 756 (2026) would add Idaho Code 61-335 defining a new large load as a power requirement expected to reach 20 MW or more within five years, and require an electric service agreement with a no-harm test. The legislature's bill page showed only introduction and referral to committee when read. | Not confirmed as law. Large customers are served under utility tariffs or special contracts approved by the Commission; those details were not sourced. | Not stated | Idaho HB 756 (2026) as introduced |
| Incentives and conditions | Data center sales tax exemption (Idaho Code 63-3622VV) | Idaho State Tax Commission | Optional. A qualifying business must certify capital investments of at least $250,000,000 in the aggregate in one or more data centers within five years after construction begins. | Create and maintain at least 30 new nonseasonal full-time jobs at the data center within two calendar years after operations begin, paying at least the county average weekly wage; the exemption is provisional until the Tax Commission is satisfied, and failure means owing the sales or use tax. The section applies on and after July 1, 2020. | Not stated | Idaho Code 63-3622VV |
Rules and bills aimed at data centers
- HB 895 (2026), signed April 2, 2026, effective July 1, 2026: new Idaho Code 42-252 limits consumptive cooling water use by data centers that begin construction on or after July 1, 2026 to water supplied by a municipal, water district, or water and sewer district system (bill text and legislature status page read).
- HB 756 (2026): large-load ratepayer protection bill with a 20 MW definition; only introduction was shown on the legislature page, so enactment is unconfirmed.
Not confirmed or varies by locality
- Local land use (Local Land Use Planning Act, county and city zoning, conditional use) not sourced.
- Wastewater and pretreatment, 401 and wetlands, and any Idaho Power large-load tariff or special-contract threshold not confirmed from primary sources.
- Air rule edition read is from 2023; later amendments not checked.
- Whether HB 756 or any other large-load statute was enacted is unconfirmed.
Checked 2026-11-05.
Illinois
A new Illinois data center needs Illinois EPA air permitting for backup generators (with new generator-standard requirements for applications from December 1, 2026, per an industry summary), ILR10 construction stormwater coverage for sites of one acre or more, and utility service arrangements that in ComEd territory now involve large-load deposits. The state data center sales tax incentive stopped processing applications on July 1, 2026.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | Illinois EPA air construction/operating permit (generator standards under SB 25) partly confirmed | Illinois Environmental Protection Agency, Bureau of Air | Industry summaries state that Illinois EPA requires a construction and operating permit unless all equipment fits an exemption. Major-source thresholds in ozone nonattainment areas (Chicago-area counties, parts of Grundy and Kendall, Metro East) are 50 tons/year each for VOM and NOx; outside them PSD applies at 250 tons/year of any criteria pollutant. | Per consultant and industry articles: for data centers needing a FESOP or CAAPP permit, applications on or after December 1, 2026 must propose emergency diesel generators meeting Tier 4 standards or equivalent (for example a Tier 2 or 3 engine with add-on controls), and natural gas units meeting EPA Tier 2 spark-ignition standards. Engines are limited to emergency or standby use, up to 50 hours per year non-emergency under Part 211 unless the permit sets less. A 30-day public comment applies where a project reaches 80% of a significant emission rate or major-source threshold. The statute text itself was not opened. | Not stated | ALL4 article on SB 25 data center generators; Trinity Consultants https://trinityconsultants.com/resources/growing-pains-strategic-permitting-for-illinois-data-center-expansions/ |
| Construction stormwater | General NPDES Permit for Construction Site Activities (ILR10) | Illinois EPA, Bureau of Water | Construction with total land disturbance of 1 acre or more. | Register in the CDX/NeT system, upload a Storm Water Pollution Prevention Plan, a SHPO approval letter and an Eco CAT approval letter, then certify and submit the Notice of Intent. Initial fee: $250 under 5 acres, $750 for 5 acres or more. | Not stated | Illinois EPA construction stormwater permit page |
| Utility and power siting | ComEd large-load deposit tariff approved by the ICC partly confirmed | Illinois Commerce Commission (ICC) / ComEd | Large-load interconnection requests in ComEd territory. As reported, deposit tiers begin at 50 MW; it does not apply to data centers already on the grid. | As reported, ComEd previously required a flat $1 million deposit; under the revised tariff deposits for 50-200 MW requests start at $1 million and rise with size, are credited to project costs if the project proceeds, and are returned minus incurred costs if cancelled. The ICC also directed staff to start a further proceeding on consumer protection from data center distribution costs. This is from a news report, not the ICC order. | Not stated | Capitol News Illinois, March 20, 2026 (news report) |
| Incentives and conditions | Data Center Investment Program (sales/use tax exemption) - applications paused | Illinois Department of Commerce and Economic Opportunity (DCEO) | Owners, operators and tenants seeking certification for the data center sales and use tax exemption. | Program requirements stated by DCEO: at least $250 million capital investment over 60 months, at least 20 new full-time jobs at 120% of county median wage, and carbon neutral or green-building certification; a memorandum of understanding with DCEO; exemptions run 20 years in 5-year certificates. DCEO states it will no longer process applications for the program as of July 1, 2026, following a June 5, 2026 Governor's directive. | Not stated | DCEO data center program page |
Rules and bills aimed at data centers
- SB 25 (Clean and Reliable Grid Affordability Act): ALL4 reports it was signed January 8, 2026 and includes data center backup generator standards for permit applications on or after December 1, 2026. Statute text not opened.
- DCEO paused processing of Data Center Investment Program applications as of July 1, 2026 (DCEO page).
- Reported by Capitol News Illinois (March 2026): ICC approved ComEd's higher large-load deposit framework and ordered a follow-up investigation.
Not confirmed or varies by locality
- Enacted SB 25 text and Illinois EPA rule text (35 Ill. Adm. Code 201.146 emergency generator exemption) not opened; the ilga.gov copy failed a certificate check.
- Water supply (Lake Michigan allocation, groundwater) and wastewater/NPDES/pretreatment requirements not confirmed.
- Section 401 / state wetlands role not confirmed.
- Local zoning, county and municipal approvals not sourced; Illinois has no general state environmental review act confirmed here.
- Whether the incentive pause was extended, or new data center legislation passed after June 2026, was not verified.
Checked 2026-11-05.
Indiana
A new Indiana data center typically needs an IDEM air permit for its generators and cooling equipment, coverage under IDEM's Construction Stormwater General Permit before ground disturbance, and registration of any large water withdrawal with DNR. If the utility must build new supply for the load, the utility petitions the IURC under the 2025 large load law, which requires the customer to give financial assurances including reimbursement of at least 80% of allocable project costs.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | IDEM air permit (new source review / operating permit) partly confirmed | Indiana Department of Environmental Management (IDEM), Office of Air Quality | IDEM issues air permits, Permit by Rule, registrations and exemptions for sources. A consultant analysis states that categorical exemptions apply only below source-wide potential-to-emit of 5 tpy PM, 10 tpy VOC/NOx/SO2 and 25 tpy CO, and that data center engines and turbines typically exceed this. PSD threshold 250 tpy per criteria pollutant in attainment areas; 50 tpy NOx or VOC in the ozone nonattainment area (northern Lake and Porter counties). | Applicant files an air permit application with IDEM covering emergency generators, cooling towers and other units; the consultant source says dispersion modeling and a public comment period should be planned for. Indiana counts emergency operation toward potential emissions for applicability, according to that source. IDEM's own page lists the permit types but does not give thresholds. | Not stated | Trinity Consultants article on Indiana data center air permitting (consultant summary, not the rule text); IDEM air permits page https://www.in.gov/idem/airpermit/ |
| Construction stormwater | Construction Stormwater General Permit (INRA00000) | IDEM, Office of Water Quality | Construction activity disturbing one acre or more, or smaller areas that are part of a larger common plan of development or sale. Coverage must be in place before any land-disturbing activity begins. | For a stand-alone commercial project of one acre or more, submit a stormwater pollution prevention plan (SWP3) and a Notice of Intent (NOI). Each commercial or industrial lot in a multi-lot project files its own SWP3 and NOI regardless of lot size. | Not stated | IDEM, Applicability of the CSGP |
| Wetlands and waters | Section 401 certification or State Regulated Wetlands authorization | IDEM (with U.S. Army Corps of Engineers for federal waters) | Placing dredged or fill material in waters. For waters of the United States IDEM processes a Section 401 Water Quality Certification; for waters of the state (isolated wetlands) it applies the State Regulated Wetland Law. | IDEM recommends getting a jurisdictional determination from the Corps before impacting waters, and coordinating with IDEM to verify wetland classification and exemptions for state waters. | Not stated | IDEM Wetlands, Lakes and Streams Regulation page |
| Water supply | Significant water withdrawal facility registration | Indiana DNR, Division of Water | A person whose facilities can withdraw, from all sources combined, more than 100,000 gallons of ground water, surface water, or both in one day. | Register on Natural Resources Commission forms within three months after the facility is completed, and file an annual water use report within three months after each calendar year ends. Temporary construction dewatering withdrawals must also be reported. This page describes registration and reporting, not a withdrawal permit. | Not stated | Indiana DNR registration page |
| Utility and power siting | IURC approval of a project to serve a large load customer (IC 8-1-7.9) | Indiana Utility Regulatory Commission (IURC) | An energy utility petitions the IURC to approve a project to meet the needs of a large load customer. The utility may file only if the customer makes significant financial assurances. | The customer's assurances must include reimbursement of at least 80% of project costs reasonably allocable to it, and must protect existing and future customers even if the customer does not take service in the anticipated amount or timeframe. The utility must hold a pre-filing meeting at least 30 days before filing, and the petition must include the customer agreement, a review of demand-side and self-generation options, and a letter from the state energy office. | Not stated | IC 8-1-7.9-22 and 8-1-7.9-23 (FindLaw code copy; the site notes it may not reflect the latest amendments) |
| Incentives and conditions | Data center sales and use tax exemption (IC 6-2.5-15) | Indiana Economic Development Corporation (IEDC) | Operators of a qualified data center seeking an exemption on qualifying data center equipment and energy purchases. | IEDC states the exemption runs up to 25 years for investments under $750 million and up to 50 years above that. The page states a $25 million real and personal property investment threshold only for the optional local personal property tax exemption. Other eligibility conditions are not on the page. | Not stated | IEDC Data Center Sales Tax Exemption page |
Rules and bills aimed at data centers
- 2025 House Enrolled Act 1007 (HB 1007): large load customer petition process at the IURC with an 80% reimbursement requirement, per IC 8-1-7.9-22 text read on FindLaw.
- Reported by the Indiana Public Media / WBOI (April 2026): IDEM approved a request to add 140 emergency diesel generators, bringing a Fort Wayne data center campus to more than 175, plus added fuel storage tanks and cooling towers. IDEM said it cannot require alternative energy sources and cannot deny a permit over quality-of-life concerns or utility costs.
Not confirmed or varies by locality
- Emergency generator exemption horsepower limits in 326 IAC 2-1.1-3(e) were not read from the rule text.
- Cooling water discharge / NPDES and industrial pretreatment requirements not confirmed.
- Local zoning, site plan and building approvals vary by county and municipality; not sourced.
- IURC decision deadlines under the large load law were not found on the pages read.
- The Construction Stormwater General Permit showed an expiration of December 2026 in a search snippet only; confirm the current permit version and the NOI fee with IDEM.
- 2026 legislative changes to Indiana data center law were not verified.
Checked 2026-11-05.
Kansas
Kansas gates for a new data center are a KDHE air construction permit or approval if on-site engines or turbines exceed the regulation's emission levels, KDHE construction stormwater authorization at one acre or more, and a chief engineer water right for any non-domestic water use not supplied by a utility. For electric service, Evergy's Kansas Large Load Power Service tariff (75 MW or more) was approved by the KCC in November 2025, and the state's SB 98 sales tax exemption carries investment, jobs, electricity-contract, water-plan and security-review conditions.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | KDHE air construction permit or construction approval partly confirmed | Kansas Department of Health and Environment, Bureau of Air | A construction permit is needed before beginning actual construction if the potential-to-emit of the new source or unit, or the increase from a modification, equals or exceeds: 25 tons PM or 15 tons PM10; 40 tons SO2; 100 tons CO; 40 tons VOC; 40 tons NOx; 0.6 ton lead; or 10 tons directly emitted PM2.5 per year. Below those, an approval to begin construction is needed at lower levels (for example 50 pounds of NOx per 24-hour period, 50 pounds of CO per 24 hours), or when a federal NSPS (40 CFR part 60) applies to the unit. | Apply to KDHE and wait for the permit or approval before beginning actual construction. How emergency generators are counted toward these levels was not confirmed from a page opened. | Not stated | K.A.R. 28-19-300 (EPA-hosted 2017 copy; may have been amended since) |
| Construction stormwater | KDHE NPDES construction stormwater general permit partly confirmed | Kansas Department of Health and Environment | Construction land disturbance (clearing, grubbing, excavating, grading) of a cumulative one acre or more, or part of a larger common plan of development or sale that will disturb that amount. | Submit a Notice of Intent with project documentation and the first year's $60 fee, and receive a signed and dated authorization from KDHE before starting construction. This comes from the 2022 public notice of the draft general permit that was to replace the existing one; the final permit terms were not checked. | Not stated | Kansas Register, vol. 41 no. 22 (June 2, 2022) |
| Water supply | Water right approval from the chief engineer partly confirmed | Kansas Department of Agriculture, Division of Water Resources | K.S.A. 82a-705 bars acquiring a new appropriation right to use water for other than domestic use without first obtaining the approval of the chief engineer. Domestic use is excepted. | Apply for a water right before diverting groundwater or surface water for non-domestic use. Buying water from a public water supplier would not involve a new appropriation by the data center itself, but that point was not confirmed from the page. | Not stated | K.S.A. 82a-705 (Kansas Revisor of Statutes) |
| Utility and power siting | Evergy Kansas Large Load Power Service tariff | Kansas Corporation Commission | New facilities with peak load forecast at 75 MW or more, or existing customers expanding by 75 MW, taking service from Evergy under the tariff approved by the KCC on November 6, 2025. | Per the KCC release: contract term of a minimum of 12 years plus an optional load ramp of up to 5 years; minimum monthly bill based on 80 percent of contract demand regardless of usage; collateral equal to two years of minimum bills. | Not stated | Kansas Corporation Commission news release, Nov. 6, 2025 |
| Incentives and conditions | SB 98 data center sales tax exemption program | Kansas Department of Commerce / Department of Revenue / Kansas Intelligence Fusion Center | Qualified data center firm investing at least $250 million in eligible costs within five years after commencement of operations, creating 20 new full-time jobs filled by Kansas residents within two years, per Commerce program guidelines (Nov. 2025). | Enter a ten-year electricity purchase agreement with the certified retail utility; adopt a water conservation plan; connect to fiber; pass Kansas Intelligence Fusion Center security review with Fusion Center Oversight Board approval. Exemption runs 20 years from application submission and covers construction, equipment (including cooling systems and backup generators) and related labor, not electricity. Data centers in the program are ineligible for discounted economic development electricity rates. | Not stated | Kansas Commerce, Data Center Sales Tax Exemption Program (SB98) guidelines |
Rules and bills aimed at data centers
- SB 98 (2025): data center sales tax exemption, marked Signed by Governor on the Kansas Legislature bill page (signing date not shown on the page opened).
- SB 400 (2026), requiring closed-loop cooling for data centers: shown as Died on the Kansas Legislature bill page (never past introduction).
- Evergy Large Load Power Service tariff approved by the KCC November 6, 2025 for loads of 75 MW or more.
Not confirmed or varies by locality
- County and city zoning, conditional use and building approvals were not confirmed; Kansas counties and cities use the state planning and zoning enabling act but no primary page was opened.
- Current K.A.R. 28-19-300 text, and how emergency generators are treated, could not be checked directly because KDHE pages returned 403; the EPA-hosted copy is from 2017.
- Final KDHE construction stormwater permit terms and NOI timing were not read.
- Wastewater and pretreatment requirements were not researched from a primary source.
- Whether 2026 legislation beyond SB 400 (for example SB 531 on drought counties) changed any rules was not confirmed.
Checked 2026-11-05.
Kentucky
Kentucky has no single data center permit. A project needs a state air permit determination, KPDES construction stormwater coverage for sites of one acre or more, a Division of Water withdrawal permit if it uses more than 10,000 gallons per day on average, and local planning and zoning approval. Large-load electric service is shaped by Public Service Commission tariff cases, for example the approved East Kentucky Power Cooperative data center rate (15 MW and 60 percent load factor eligibility).
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | State-origin air permit (or registration / exemption) partly confirmed | Kentucky Division for Air Quality | 401 KAR 52:040 covers sources with potential emissions of more than 25 and less than 100 tons per year of a nonhazardous regulated pollutant (with HAP limits); sources required to register under 401 KAR 52:070 or to be permitted under 52:020 or 52:030 are outside it. | Diesel generator fleets can push a data center into registration, state-origin, conditional major or Title V status depending on potential emissions. Which category applies and how emergency engines are counted were not confirmed from the page opened. | Not stated | 401 KAR 52:040 (Cornell LII) |
| Construction stormwater | KPDES construction stormwater general permit (KYR10) partly confirmed | Kentucky Division of Water | Construction disturbing one acre or more, including contiguous activities in a common plan of development that cumulatively disturb one acre or more. | Obtain coverage by submitting an electronic Notice of Intent (NOI-SWCA), develop and implement a Stormwater Pollution Prevention Plan, and file a notice of termination after stabilization. The fact sheet read refers to a renewal of the permit; confirm the current permit term. | Not stated | KYR10 fact sheet, Kentucky Division of Water |
| Wetlands and waters | Section 401 certification and floodplain construction permit | Kentucky Division of Water | Discharge of dredged or fill material into waters of the United States including wetlands requires 401 certification (with the Army Corps permit); a floodplain construction permit is required before constructing or altering structures or embankments affecting stream flow. | Only needed where the site affects streams, wetlands or floodplains. | Not stated | Kentucky Division of Water permits fact sheet |
| Water supply | Water withdrawal permit | Kentucky Division of Water | If the average withdrawal rate is more than 10,000 gallons per day, a permit is required, except as exempted by KRS 151.140 (401 KAR 4:010 Section 1). | Applies to a developer drawing its own water. A site buying water from a public utility generally gets supply through that utility's capacity and rates, which was not researched here. | Not stated | 401 KAR 4:010 |
| Wastewater and cooling discharge | KPDES discharge permit or municipal pretreatment compliance | Kentucky Division of Water / local sewer authority | Any point source discharge of pollutants to a Kentucky water body needs a KPDES permit; discharge into a municipal system may require meeting pretreatment limits set by the local authority. | Cooling blowdown either needs a KPDES permit or must meet the sewer authority's limits. | Not stated | Kentucky Division of Water permits fact sheet |
| Utility and power siting | Large-load data center electric tariff (PSC) | Kentucky Public Service Commission / serving utility or cooperative | For East Kentucky Power Cooperative service: an Eligible Data Center with expected or actual peak demand of 15,000 kW or greater and a monthly load factor of 60 percent or greater (Rate DCP, Case 2025-00140). Other utilities have their own cases. | The PSC approved Rate DCP, as modified, by order dated October 30, 2025. The tariff requires an application for service on a form supplied by EKPC and a prepayment deposit equal to a rolling two months of expected maximum monthly bills, with further collateral possible. Aggregation rules combine load at the same location. | Not stated | KY PSC order, Case 2025-00140 |
| Utility and power siting | Certificate of public convenience and necessity for new transmission partly confirmed | Kentucky Public Service Commission | A utility building an electric transmission line of 138 kV or more and more than 5,280 feet long needs a CPCN (KRS 278.020(2)); lines built solely to serve a single customer over only that customer's property are treated as ordinary extensions. | The serving utility, not the data center developer, normally applies. Whether a developer-funded line extension triggers it depends on length, voltage and ownership. The FindLaw copy of the statute was read and notes it may not be the latest version. | Not stated | KRS 278.020 (FindLaw) |
| Incentives and conditions | Data center sales and use tax exemption partly confirmed | Kentucky Department of Revenue / Cabinet for Economic Development | Qualified data center projects. Per a Stites & Harbison summary of HB 775 (2025): minimum capital investment by county population ($450 million for 100,000 or more; $100 million for over 50,000 to under 100,000; $25 million for under 50,000) within five years of preliminary approval; up to 50 years only with at least $450 million. | Apply for preliminary approval and meet the investment minimum. The statute text was not opened, so this is the law firm's summary. | Not stated | Stites & Harbison client alert |
Rules and bills aimed at data centers
- PSC order of October 30, 2025 in Case 2025-00140 approved East Kentucky Power Cooperative Rate DCP (data centers of 15,000 kW or more and 60 percent load factor) as modified.
- Reported by LPM/WEKU (August 2026), not verified from primary text: a top lawmaker said the General Assembly could revisit data center tax breaks in 2027, and Lexington-Fayette passed a data center moratorium in June 2026.
Not confirmed or varies by locality
- Other utilities' large-load tariffs (Kentucky Power, LG&E/KU) were not read from primary orders; status of 2026 HB 593 is unconfirmed.
- Local zoning/planning (KRS 100), emergency generator air treatment, and merchant generation siting (KRS 278.700 ff) were not confirmed.
- Statute text of the tax exemption was not opened.
Checked 2026-11-05.
Louisiana
For a Louisiana data center the state-level path usually involves an LDEQ air permit for on-site generation, construction stormwater coverage (a small-site or large-site general permit by acreage), registration of large water wells, and Public Service Commission action on utility service and new generation. The state sales and use tax rebate requires LED certification, 50 new jobs and $200 million of investment, and a June 2026 executive order directs LED to add a ratepayer and community protection framework as a condition of the incentive.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | LDEQ air permit (small source permit or general permit) partly confirmed | Louisiana Department of Environmental Quality | LAC 33:III.503: sources must operate under a permit even if below major source levels. A non-Part 70 facility may apply for a small source permit if it emits and has the potential to emit less than 25 tons per year of any criteria pollutant and less than 10 tons per year of any toxic air pollutant. An exemption under LAC 33:III.501.B.4 or a general permit under 33:III.513.A may be available if the source's design and operation qualify. | Apply to LDEQ for the applicable permit type before operating on-site engines or turbines. How emergency generators are treated under the exemption and general permit routes was not confirmed from a page opened. | Not stated | LAC 33:III.503 (EPA-hosted SIP copy; may predate current text) |
| Construction stormwater | Construction stormwater general permits (small LAR200000 or large LAR100000) partly confirmed | Louisiana DEQ | Per an LDEQ FAQ (older material): 1 to under 5 acres is covered by the small construction general permit (SWPPP, site notice, completion report, no fees); 5 acres or more, or part of a larger common plan that will ultimately disturb 5 acres or more, needs the large construction general permit with a Notice of Intent; LDEQ does not regulate a single activity disturbing under 1 acre. | For large sites, submit the NOI with fees; work may begin 48 hours after the postmark of a complete NOI with payment, and a SWPPP must exist and be implemented when earth-disturbing activities begin. The FAQ cites permit dates around 2019, so the current permit cycle should be confirmed. | 48 hours after postmark of a complete NOI with payment (large permit), per the LDEQ FAQ. | LDEQ FAQ, stormwater category |
| Water supply | Water well registration partly confirmed | Louisiana Department of Conservation and Energy (Office of Conservation) | Under LAC 56:V.101 (copy for the Capital Area Ground Water Conservation District), all wells supplying a public water system must be registered regardless of yield, and all other water wells capable of producing more than 50,000 gallons per day must be registered. Other districts and rules may apply. | Register wells with the state; local groundwater districts such as the Sparta district may add permit requirements. Surface water withdrawal rules and municipal supply arrangements were not researched. | Not stated | La. Admin. Code tit. 56, Pt. V, 101 (Cornell LII) |
| Utility and power siting | Public Service Commission large-load guidelines and fast-track process partly confirmed | Louisiana Public Service Commission | The PSC's website states that a technical conference on its Large Load Additions Non-Binding Guidelines was held May 7, 2026, and that Docket No. X-37921 was created as a repository docket to accept comments (due June 19, 2026). Large generation or load-serving projects of a utility go through PSC proceedings. | Per news reports (WRKF, December 2025), the PSC adopted a directive creating a faster pathway for large-load projects with an eight-month action timeline; the PSC page opened does not describe this, and a binding rule was not confirmed. | Not stated | Louisiana PSC website |
| Incentives and conditions | Data center sales and use tax rebate (R.S. 47:305.73) and Executive Order 26-058 | Louisiana Economic Development / Department of Revenue | Per enrolled HB 827 (2024, effective July 1, 2024): to be certified as an approved data center, the operator must attest to at least 50 new direct, permanent jobs in Louisiana and intend to spend at least $200 million in new capital investment in Louisiana on or after July 1, 2024 and before July 1, 2029. | Enter an agreement with LED with an initial 20-year term (renewable 10 years), subject to termination and recapture of rebates if obligations are not met; rebate covers state and local sales and use tax on eligible data center equipment (including generators, cooling and water conservation systems) and construction costs for purchases on or after July 1, 2024, and an approved facility gets a direct payment number. Executive Order 26-058 (June 2026) directs the LED Secretary to adopt a Ratepayer and Community Protection Framework as conditions in these agreements and to present it within 90 days. | Not stated | Louisiana HB 827 of 2024 (enrolled); Executive Order 26-058 https://gov.louisiana.gov/assets/2026-Executive-Orders/JML-Executive-Order-25-058.pdf |
Rules and bills aimed at data centers
- Executive Order 26-058 (Gov. Landry, signed June 2026): creates the Louisiana Ratepayer and Community Protection Initiative; LED must develop a framework (large loads fund incremental generation and transmission, water and energy efficiency standards, workforce and local tax commitments) as conditions of the data center sales tax exemption, with no agreement proceeding unless the Secretary finds resources, ratepayers and communities are adequately protected. Does not limit PSC jurisdiction.
- HB 827 (2024 Regular Session, effective July 1, 2024): rebate of state and local sales and use tax for approved data center facilities, 50 jobs and $200 million minimums.
- PSC Docket X-37921: Large Load Additions Non-Binding Guidelines, comments due June 19, 2026.
Not confirmed or varies by locality
- Whether the framework under Executive Order 26-058 has been adopted, and any amendments to R.S. 47:305.73 after the 2024 enrolled act, were not checked.
- LDEQ emergency generator treatment, the exemption and general permit criteria, and current LAC 33:III.501 text could not be opened (Justia returned 403).
- The current LAR100000 and LAR200000 permit cycles and terms were not confirmed.
- Surface water, wastewater and pretreatment rules, and local parish zoning, were not researched.
- The PSC's December 2025 fast-track directive and any binding large-load rule were not confirmed from PSC documents.
Checked 2026-11-05.
Massachusetts
In Massachusetts a data center faces a MassDEP air plan approval for generators and other fuel-burning equipment, MEPA review if state permits, funding or land are involved and a size threshold is crossed, and local zoning and permitting. Since September 8, 2026, Executive Order 658 directs state permitting agencies not to issue permits for new or expanded data centers above 25 MW peak demand unless the applicant conforms to a June 25, 2026 state framework and submits a community benefits agreement, as summarized by a law firm; the order's text itself could not be opened.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | MassDEP air plan approval (310 CMR 7.02) partly confirmed | Massachusetts Department of Environmental Protection (MassDEP), Bureau of Air and Waste | Plan approval is required for new or modified sources unless exempt. Limited Plan Application applies to an increase of one ton per year or more and less than ten tons per year of a single air contaminant; Comprehensive Plan Application applies at ten tons per year or more over 12 months. In the 7.02(2) exemption list the entries for emergency or stand-by engines and for turbines and reciprocating engines are marked Reserved (no exemption). Construction, substantial reconstruction or alteration of any emergency or standby engine of 37 kW or more must comply with 310 CMR 7.26(40) through (42) (text not read), and emergency engine operation is limited to 100 hours per year for maintenance and readiness testing under the cited provision. | A data center with backup generators generally has to go through plan approval and meet the engine standards in 7.26. A Comprehensive Plan Application requires 30 days of public comment (60 days when a cumulative impact analysis applies), and plan approval can be revoked if construction has not started within two years. | Not stated | 310 CMR 7.02 (Cornell LII) |
| Environmental review | MEPA review (Environmental Notification Form / Environmental Impact Report), 301 CMR 11.03 partly confirmed | Executive Office of Energy and Environmental Affairs, MEPA Office | MEPA thresholds apply only when MEPA jurisdiction exists, meaning the project is undertaken by an agency, seeks financial assistance, or relates to a required state permit or land transfer. Listed thresholds include: direct alteration of 50 or more acres of land; creation of ten or more acres of impervious area; new water withdrawal of 2,500,000 gpd or more from surface water or 1,500,000 gpd or more from groundwater; a new wastewater treatment or disposal facility of 2,500,000 gpd or more; a new electric generating facility of 100 MW or more (or expansion by 100 MW or more); and a transmission line of 230 kV or more over five or more miles on new, unused or abandoned right-of-way. | If a threshold is met, the proponent files an Environmental Notification Form and, where mandatory or required by the Secretary, an Environmental Impact Report before agencies can act. Which thresholds require an ENF versus a mandatory EIR was summarized, not read line by line, and lower thresholds also exist in the regulation. | Not stated | 301 CMR 11.03 (Cornell LII) |
| Incentives and conditions | Executive Order 658: requirements for data centers above 25 MW (reported) partly confirmed | Governor's office; state permitting agencies; MassDEP; EEA | As summarized by the law firm Pierce Atwood: covers data centers (as defined in 400 CMR 9.00) built or expanded after the order, with peak electric demand above 25 MW, or expansions adding more than 25 MW. Signed and effective September 8, 2026. | As summarized: state permitting agencies may not issue a permit or authorization unless the applicant shows conformance with a June 25, 2026 framework and submits a community benefits agreement aligned with state standards. MassDEP is to develop protocols for procuring incremental clean electricity (with an alternative compliance payment mechanism due by December 31, 2026) and for water quality and quantity, and projects must show compliance with applicable water, wastewater and stormwater requirements. This summary is from a law firm alert; the executive order text on mass.gov could not be opened (403). | Not stated | Pierce Atwood client alert on EO 658 |
Rules and bills aimed at data centers
- Executive Order 658 (signed September 8, 2026), as summarized by Pierce Atwood: conditions state permits for data centers above 25 MW on a state framework and a community benefits agreement; the same summary lists a Municipal Guidance Document due December 31, 2026 and annual reporting to the governor beginning September 2027. Primary text not opened.
- Reported by news (via search results, pages not opened): a data center-specific electric tariff was part of House energy affordability legislation and MassDEP air approval for a Lowell data center's generators was challenged in court. These items were not confirmed from primary sources and are not relied on above.
Not confirmed or varies by locality
- Executive Order 658 primary text (mass.gov returned 403) and the June 25, 2026 framework were not read.
- Construction stormwater (EPA-issued Construction General Permit in Massachusetts, with MassDEP WM 15 filing), Water Management Act permits, Wetlands Protection Act, and sewer or industrial pretreatment approvals were not confirmed from an opened primary source.
- Energy Facilities Siting Board jurisdiction, DPU large-load tariff status and any state sales tax treatment of data centers were not confirmed.
- Local zoning and permitting varies by municipality.
Checked 2026-11-05.
Maryland
A Maryland data center typically needs an MDE air permit to construct for its generator fleet (a general permit exists for certain 500 to 2,000 kW diesel emergency sets), an MDE water appropriation permit above 10,000 gpd, NPDES construction stormwater coverage through MDE's e-permit system, and PSC large-load processes. The 2026 Utility RELIEF Act (Ch. 353) lowers the large-load rate schedule threshold to 25 MW, creates a PSC large load registry, and keeps a certificate of public convenience and necessity for generating stations, with exclusions for emergency backup units.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | MDE air quality permit to construct (emergency generators) | Maryland Department of the Environment, Air and Radiation Administration | All new, modified or replacement installations that are potential air pollution sources, including fuel burning equipment, need a permit to construct unless exempt under COMAR 26.11.02. | MDE offers a general permit to construct for emergency electric generator sets with diesel engines rated 500 bhp (373 kW) up to and including 2,681 bhp (2,000 kW) used only for emergency operation, testing and maintenance, subject to engine certification conditions. The permit allows 100 hours per year of testing and maintenance plus limited non-emergency hours per the federal rules cited in it. Larger or more numerous units are handled under individual permits. | Not stated | MDE Emergency Generator General Permit to Construct package |
| Construction stormwater | NPDES construction stormwater general permit 20-CP (Notice of Intent) partly confirmed | Maryland Department of the Environment | Construction activity covered by the 20-CP general permit; the MDE page does not state the acreage threshold (see gaps). | The final 20-CP renewal permit took effect April 1, 2023. The responsible party files a Notice of Intent electronically through MDE's ePermits site; once complete, a 14-day public notification period begins. | 14-day public notification period after a complete NOI. | MDE General Permit for Construction Activity page |
| Water supply | Water appropriation and use permit | Maryland Department of the Environment | A person must obtain a permit before appropriating or using waters of the State for commercial, institutional, industrial or municipal purposes, including surface or ground water used for heating or cooling. Exemptions include agricultural use under 10,000 gpd annual average and temporary construction dewatering under 30 days and 10,000 gpd. | A permit from MDE; in the Susquehanna basin, the Susquehanna River Basin Commission's requirements apply in addition. | Not stated | COMAR 26.17.06.03 |
| Utility and power siting | PSC large-load rate schedule and registry (Ch. 353 of 2026) | Maryland Public Service Commission | Under Chapter 353 (HB 1532), a large load customer is a commercial or industrial retail customer with aggregate monthly demand of at least 25 MW and a load factor of more than 60%, excluding customers whose primary purpose is a water or sewage company, manufacturing, hospital, district energy system, or agricultural facility. Rate schedule availability is amended from more than 100 MW to more than 25 MW. | Utilities file large load rate schedules with the PSC; customers pay reasonable interconnection and service costs. The PSC must establish a large load customer registry by July 1, 2027 covering new or expanded interconnections, requiring disclosure of duplicative interconnection requests, with a registration fee of not less than $1,000 per MW of peak load. The act states the General Assembly's intent that data centers locating in Maryland on or after July 1, 2026 hire in-state workers, provide interconnection capacity through behind-the-meter storage, new storage, new carbon-free assets or demand response, engage communities, and publish a written plan. | Registry to be established on or before July 1, 2027. | 2026 Laws of Maryland Ch. 353 (HB 1532) |
| Utility and power siting | Certificate of public convenience and necessity for generating stations and transmission | Maryland Public Service Commission | Under Public Utilities 7-207 as amended by Ch. 353, building a generating station, or a transmission line designed for more than 69,000 volts, requires a CPCN. The statutory definition of generating station excludes, among others, units of not more than 2 MW AC with equipment preventing flow to the grid during outages, and onsite emergency backup units that are not connected to the grid, hold an MDE permit to construct and are at critical infrastructure facilities. | Application to the PSC with notice and a public hearing in each county and municipality where construction is proposed. On-site generation beyond the exclusions would need this review. | Not stated | 2026 Laws of Maryland Ch. 353, Public Utilities 7-207 |
Rules and bills aimed at data centers
- Ch. 353 of 2026 (HB 1532, Utility RELIEF Act): large load definition 25 MW / 60% load factor; PSC large load registry by July 1, 2027; voluntary clean capacity rating program; legislative intent statement for data centers locating in Maryland on or after July 1, 2026.
- Ch. 353 adds Tax-General/Economic Development provision 14-134 barring construction of a data center (aggregate demand at least 5 MW, load factor over 80%) in Baltimore City development districts subject to tax increment repayment on outstanding bonds, with an exception for the city-wide affordable housing development district (applies only in Baltimore City).
- Reported by news (DatacenterDynamics, article not opened due to 403): Maryland denied an exemption for 168 diesel generators at an Aligned Data Centers campus; not independently confirmed.
Not confirmed or varies by locality
- Acre threshold and SWPPP details for 20-CP not confirmed on an opened page; sediment control and stormwater management plan approval is generally by local jurisdiction or MDE and varies by county.
- Nontidal wetlands and waterway construction authorizations and Section 401 water quality certification not confirmed from an opened page.
- Local zoning and special exception path varies by county; not researched.
- Data center sales tax exemption terms (Tax-General 11-239) not read.
- Whether exemptions from the Ch. 353 CPCN requirement apply to a given on-site generation design needs PSC confirmation.
- Effective dates of individual Ch. 353 sections were not confirmed.
Checked 2026-11-05.
Maine
In Maine a data center of any real size typically goes through the Department of Environmental Protection under the Site Location of Development Act (projects occupying over 20 acres or over 3 acres of ground area) and needs stormwater approval for one acre or more of disturbance, plus municipal land use approvals. In April 2026 the Legislature passed a data center moratorium (LD 307) but the governor's veto was sustained, so no statewide moratorium is in effect; a separate law (LD 713) excludes new data centers from the business equipment property tax exemption and the Dirigo Business Incentive Program.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Construction stormwater | Stormwater management permit (38 M.R.S. 420-D) | Maine Department of Environmental Protection | A person may not build a project that includes one acre or more of disturbed area without prior approval from DEP, for projects in an organized area of the State, subject to listed exemptions. | Apply on the DEP form and wait for approval before construction. Quality standards apply to stormwater from the project. The statute directs the department to review vegetative-only applications within 45 calendar days and structural applications within 90 days, with approval deemed granted if the department does not notify the applicant in the review period. | Statute: 45 calendar days for vegetative-only applications, 90 days for structural applications. | 38 M.R.S. 420-D |
| Local land use and zoning | Site Location of Development Act permit partly confirmed | Maine Department of Environmental Protection (DEP) | The statute defines a development to include a project that occupies a land or water area in excess of 20 acres (38 M.R.S. 482(2)(A)), or that causes a total project to occupy a ground area in excess of 3 acres of structures, roads and paved or similar surfaces (482(6)(B)). Stripped or graded land not revegetated within a calendar year counts toward the 3-acre figure. The definitions page did not itself state the full permit criteria. | A data center campus above these sizes needs DEP site location approval in addition to municipal approvals. Smaller projects are handled through local planning board review and other DEP programs. | Not stated | 38 M.R.S. 482 (Maine Legislature) |
| Incentives and conditions | LD 713: data centers excluded from BETE and Dirigo programs partly confirmed | Maine Legislature; Department of Economic and Community Development | Law signed April 23, 2026. Per the Maine Senate Democrats' release, it defines data centers and excludes them from the Business Equipment Tax Exemption and the Dirigo Business Incentive Program, and directs DECD to study other incentives (such as TIF or grants) and report by November 4, 2026. A law-firm and news summary gives the start date as data centers beginning operations on or after August 1; that date was not confirmed on the opened page. | A new data center in Maine should not plan on those two incentive programs. Whether other incentives such as tax increment financing are available is under study. | Not stated | Maine Senate Democrats release on LD 713 |
Rules and bills aimed at data centers
- LD 307 (2026): the Legislature passed a data center moratorium on April 15, 2026; Gov. Mills vetoed it on April 24 and the veto was sustained on April 29, 2026 (WABI-TV). Other outlets report it would have covered data centers larger than 20 MW until November 2027; that figure was not on the opened WABI page. No statewide moratorium is in effect.
- Reported by WABI-TV: after the veto, the governor issued an executive order creating a 15-member Maine Data Center Advisory Council with recommendations due January 29, 2027.
- LD 713 (signed April 23, 2026): see incentives item.
Not confirmed or varies by locality
- Air emission license requirements (Chapter 115 and the stationary generator rule, Chapter 169) could not be opened; DEP and rule pages returned 403.
- Water supply and wastewater (public water system or municipal pretreatment), Natural Resources Protection Act wetlands, and PUC large-load or transmission siting roles were not sourced.
- Local zoning varies by town and many Maine towns have no zoning at all.
Checked 2026-11-05.
Michigan
In Michigan a data center needs an EGLE air permit to install before installing process equipment that emits air contaminants (internal combustion engines under 10 million Btu/hr heat input are exempt under Rule 285), plus utility arrangements: Consumers Energy's MPSC-approved large-load tariff applies at 100 MW and above. The state sales and use tax exemption has statutory investment, jobs, municipal water and clean energy conditions. Stormwater, water withdrawal and local approvals could not be confirmed from state pages that were reachable.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | EGLE air permit to install (Rule 201) and Rule 285 exemptions | Michigan Department of Environment, Great Lakes, and Energy (EGLE), Air Quality Division | Rule 201 bars installing, constructing, reconstructing, relocating or modifying process equipment unless a permit to install is issued. Rule 285(2)(g) exempts internal combustion engines with less than 10,000,000 Btu/hour maximum heat input, subject to subrule (1) (not if prohibited by R 336.1278 and unless R 336.1278a is met). | Equipment not covered by an exemption needs a permit to install before installation. The rule text read does not mention emergency generators specifically, and exemption applicability for a multi-generator data center should be confirmed with EGLE. | Not stated | Mich. Admin. Code R 336.1285 and R 336.1201 (Cornell LII copy, https://www.law.cornell.edu/regulations/michigan/Mich-Admin-Code-R-336-1201) |
| Utility and power siting | Consumers Energy large-load tariff (MPSC Case U-21859) partly confirmed | Michigan Public Service Commission (MPSC) / Consumers Energy | Customers with 100 MW or more of demand, including aggregated loads across commonly owned sites each of at least 20 MW, in Consumers Energy territory. | As described by a consulting summary: minimum 15-year service contract after a ramp-up of up to five years; pay for at least 80% of contracted demand monthly; exit fee equal to the minimum monthly bill times the remaining months; collateral equal to half the exit fee. The consulting page is a secondary source, not the MPSC order. | Not stated | NUS Consulting summary of the MPSC order |
| Incentives and conditions | Enterprise data center sales and use tax exemption (MCL 205.54ee) | Michigan Strategic Fund (MSF) / Michigan Economic Development Corporation | An enterprise data center seeking the exemption must be certified by the MSF as meeting statutory requirements. | Statute text states: aggregate new capital investment of at least $250,000,000; creation and maintenance of at least 30 qualified new jobs paying at least 150% of the prosperity region median wage; green building certification (such as LEED or ENERGY STAR) within 3 years of being placed in service; and, when claiming the exemption, certification of compliance with a municipal water requirement and procurement of clean energy equal to 90% of forecasted electricity use. The facility must not receive state or local property tax benefits unless each affected local unit approves by resolution. Up to 6 years may be allowed to meet requirements. The exact wording of the municipal water and clean energy conditions was seen only in summary, so read the statute before relying on them. | Not stated | MCL 205.54ee, Michigan Legislature |
Rules and bills aimed at data centers
- Public Acts 181 and 207 of 2024 amended the Use Tax Act and General Sales Tax Act to create the data center equipment exemption (reported by Ryan LLC / DMA summaries in search results; statute MCL 205.54ee read at the Michigan Legislature site).
- MPSC approved Consumers Energy's data center / large-load tariff in Case U-21859 (reported by NUS Consulting).
- Reported by news (not verified from a primary page): several data center bills, including a proposed statewide moratorium and a Senate package with a water permit for very large users, were introduced in 2026; no enactment was confirmed.
Not confirmed or varies by locality
- Construction stormwater (Part 91 soil erosion permit, and permit-by-rule Notice of Coverage for 5 acres or more): EGLE pages returned 403, so thresholds and fees are omitted. Search summaries indicate a 1-acre / 500-feet Part 91 trigger and a $400 NOC for 5 acres or more, unverified.
- Water withdrawal: Part 327 large quantity withdrawal registration (reported at 100,000 gallons/day) and permit thresholds not confirmed from an opened page.
- Wetlands (Part 303 / 401) and wastewater/pretreatment not researched.
- DTE Electric's large-load contract/tariff (reported case U-22061) status not confirmed.
- Local zoning and township moratoria vary; more than 50 municipalities reportedly adopted moratoria (news, unverified).
- Michigan has no general state environmental review act confirmed here.
Checked 2026-11-05.
Minnesota
Minnesota enacted a data center law in 2025 (Laws 2025, 1st Special Session, Chapter 12, H.F. 16) that adds water-permit conditions for very large users, a Public Utilities Commission process for very large electric customers, an annual fee for 100 MW and larger data centers, and conditions on the sales tax exemption. A project typically also needs MPCA construction stormwater coverage, a DNR water appropriation permit if it uses more than small-use amounts, an air permit if backup generators push potential emissions over MPCA thresholds, and state environmental review (EAW) decisions made through the local government or MPCA.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | MPCA air emission permit (Minn. R. ch. 7007) partly confirmed | Minnesota Pollution Control Agency (MPCA) | A consultant summary states a permit is required if potential to emit exceeds, for example, 100 tpy of a regulated pollutant (such as NOx or CO), 100,000 tpy CO2e, 50 tpy SO2, 25 tpy PM-10, 100 tpy VOC, 10 tpy of a single HAP or 25 tpy combined HAPs. It also states that emergency generators count toward potential to emit in Minnesota and that testing hours must be included. | Calculate site-wide potential to emit for generators and other units; enforceable limits such as annual run hours can be used to restrict it, and MPCA may require air dispersion modeling. The MPCA's own rule text and permit-type pages were not reachable. | Not stated | Trinity Consultants, Data Center Permitting in Minnesota (consultant summary) |
| Construction stormwater | NPDES/SDS Construction Stormwater Permit | MPCA | Construction that disturbs one acre or more, is part of a common plan of development or sale disturbing more than one acre, or (in MPCA's determination) poses a risk to water resources. | Complete a stormwater pollution prevention plan (SWPPP) before applying; construction cannot begin until it is done. Application fee is $400. For projects disturbing 50 acres or more that discharge within one mile of an impaired or special water, applications are due 30 days before the anticipated construction start and MPCA reviews the SWPPP before issuing the permit. | 30 days advance application for 50+ acre sites near impaired or special waters; no general processing timeline stated. | MPCA stormwater program, permit overview |
| Water supply | DNR water appropriation permit with data center conditions | Minnesota Department of Natural Resources (DNR) | A water-use permit is required to appropriate or use state waters, except uses under 10,000 gallons per day and no more than 1,000,000 gallons per year. Extra provisions apply to a data center with proposed new or additional consumptive use above 100,000,000 gallons per year. | For those very large users, the DNR must ensure public health, safety and welfare are protected, consider water conservation measures, address water-use conflicts under Minn. R. 6115.0740, and may require an aquifer test. The data center law also provides a nonpublic preapplication evaluation for projects above 100,000,000 gallons per year, with a written DNR response about water availability constraints. | Not stated | Minn. Stat. 103G.271 (Revisor of Statutes); preapplication step per Laws 2025 1st Spec. Sess. ch. 12 https://www.revisor.mn.gov/laws/2025/1/12/ |
| Utility and power siting | Very large customer class and annual fee (Minn. Stat. 216B.1622, 216B.72) | Minnesota Public Utilities Commission (PUC) | Laws 2025 ch. 12 defines a data center as a facility designed to have a load of 100 megawatts or more. It requires the PUC to define a very large customer class or subclass by December 15, 2026, and lets the PUC approve or modify tariffs for such customers considering cost assignment and protection against stranded costs. Existing agreements and customers taking service before 2020 are excluded. | The session law sets an annual fee by peak demand: 100 to 250 MW $2,000,000; above 250 to below 500 MW $3,000,000; 500 to below 750 MW $4,000,000; 750 MW or more $5,000,000. Qualified large-scale data centers paying the fee are exempt from energy conservation contributions. The chapter text was read through a summary view; confirm exact wording in the codified statute. | Not stated | Laws of Minnesota 2025, 1st Special Session, Chapter 12 (H.F. 16) |
| Environmental review | Minnesota Environmental Policy Act review (EAW) under Minn. R. 4410 | Responsible governmental unit (local government or MPCA) | Minn. R. 4410.4300 has no data-center-specific category. Subp. 14 (industrial, commercial, institutional) sets mandatory EAW thresholds by gross floor space, for example 100,000 sq ft in an unincorporated area, 200,000 sq ft in a third or fourth class city, 300,000 sq ft in a second class city, 400,000 sq ft in a first class city for item B. Subp. 3 covers electric generating facilities of 25 MW or more but less than 50 MW. The 2025 data center law states its preapplication steps do not preclude environmental review. | If a threshold is met, the responsible governmental unit prepares an Environmental Assessment Worksheet. The local government is the responsible unit for subp. 14 projects; for subp. 3 the MPCA is responsible if an air permit is required. Which subpart applies to a given project, including on-site generation, needs case-by-case review. | Not stated | Minn. R. 4410.4300 (Revisor of Statutes) |
| Incentives and conditions | Data center sales and use tax exemption (Minn. Stat. 297A.68, subd. 42) | Minnesota Department of Commerce / Department of Revenue | Qualified data centers (at least 25,000 sq ft and $30 million combined costs within 48 months) and qualified large-scale data centers (at least 25,000 sq ft and $250 million combined costs by the facility and tenants within a 60-month period beginning after June 30, 2025). | For large-scale centers: pay prevailing wage for covered construction or refurbishment; certify a recognized green building standard (such as LEED, Energy Star, BREEAM, UL 3223) within three years of being placed in service or repay the exempt amount. Exemption purchases are allowed for 35 years from first qualifying purchase, and the center must be certified before July 1, 2042. | Not stated | Minn. Stat. 297A.68, subd. 42 |
Rules and bills aimed at data centers
- 2025 First Special Session Chapter 12 (H.F. 16): data center omnibus read at revisor.mn.gov. Contents: 100 MW data center definition, water preapplication and permit conditions above 100,000,000 gallons/year, PUC very large customer class by December 15, 2026, annual fee by MW, tax exemption conditions.
- Reported by news and a law firm in search results (not opened): 2026 bills such as S.F. 4816 would change environmental review treatment of data centers; status unconfirmed.
Not confirmed or varies by locality
- MPCA air permit types (registration, general, capped) and rule text not opened; MPCA pages returned a bot-verification page.
- Wetland Conservation Act / Section 401, wastewater (NPDES/SDS industrial and municipal pretreatment) not researched.
- Local zoning and city approvals vary; the local government is typically the responsible unit for EAW decisions.
- Whether 2026 session bills amending the 2025 data center law passed was not confirmed.
- Actual PUC tariff terms: the class definition is due by December 15, 2026 and utility tariff filings were not reviewed.
Checked 2026-11-05.
Missouri
Missouri DNR does not regulate data centers as such; depending on design a project may need an air construction permit (if emissions exceed de minimis levels), a land disturbance stormwater permit at one acre or more, and water discharge permits if it discharges to a water body. Missouri has no state-level permitting of water use, only annual reporting by users able to withdraw 100,000 gallons per day, and zoning is entirely local. Electric service for large loads runs through PSC-approved large-load tariffs under SB 4 (12-year minimum contract).
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | DNR construction permit (permit to construct) | Missouri DNR Air Pollution Control Program | A permit is required before constructing a new installation whose potential to emit exceeds de minimis threshold levels, or before construction or modification that increases emissions above those levels; major modifications under federal PSD or nonattainment rules also need a permit. Construction or modification is exempt if exempt or excluded by 10 CSR 10-6.061. | Obtain the permit before beginning actual construction. A Pre-Construction Waiver may be authorized by the director for some sources, at the applicant's liability risk. The numeric de minimis levels were not read from a page opened. | Not stated | 10 CSR 10-6.060 (EPA-hosted copy, July 2026) |
| Air (generators, turbines) | Emergency generator exemption (10 CSR 10-6.061) partly confirmed | Missouri DNR Air Pollution Control Program | Under the 2017 EPA-hosted version of the rule, engines and turbine generator sets used only for portable or emergency service are exempt if annual operating hours do not exceed 500 hours; emergency generators are exempt only if their sole function is backup power when utility power is interrupted, they have a non-resettable meter, and run only in emergencies and for short maintenance and readiness testing. | Keep generators within the exemption conditions or obtain a permit. The rule was revised effective 1/30/2026 (EPA proposed SIP approval says the revision refines emergency generator exemptions), and the current conditions were not read, so confirm the current text. | Not stated | 10 CSR 10-6.061, 2017 version (EPA); revision noted in Federal Register proposal 2026-15371 |
| Construction stormwater | Land disturbance stormwater general operating permit | Missouri DNR Water Protection Program | Construction disturbance of one acre or more, or less than one acre if part of a larger common plan of development or sale that will disturb a cumulative total of one acre or more. | Apply through ePermitting (MoGEM registration first; no paper applications) for the MO-RA general permit and prepare a SWPPP. Fees are $500 for 1 to under 5 acres, $600 for 5 to under 10, $750 for 10 to 25, $1,500 for 25 to under 100, $3,000 for 100 to under 500, $5,000 for 500+. DNR says the current permit expires February 7, 2027 and applicants must reapply rather than renew. | Not stated | Missouri DNR, Construction and Land Disturbance stormwater |
| Water supply | Major water user annual reporting (no state water use permit) | Missouri DNR | Any person or entity producing 100,000 gallons or more per day (about 70 gallons per minute) from wells or surface sources is a major water user. | Report annual water use through WatURS by March 31 of the following year. DNR states Missouri has no state-level permitting of water use and, on its data center page, no regulatory restrictions on the amount of water a data center may use; unreasonable-use disputes are private matters under riparian principles. | Not stated | Missouri DNR news release on major water user reporting; DNR data center page https://dnr.mo.gov/data-e-services/centers |
| Wastewater and cooling discharge | Water discharge permits (if discharging to a water body) partly confirmed | Missouri DNR Water Protection Program | DNR says water discharge permits apply to projects that discharge into a body of water; the data center page gives no cooling-blowdown-specific rule or threshold. Discharge to a municipal sewer would fall under the city's requirements, which were not researched. | Confirm with DNR whether the cooling and process design requires a discharge permit. | Not stated | Missouri DNR, data center information page |
| Utility and power siting | PSC-approved large-load tariffs (SB 4) | Missouri Public Service Commission | Large load customers including data centers served by Ameren Missouri or Evergy (tariffs approved); Liberty Utilities case ET-2026-0184 was in progress as of the April 2026 PSC material. The PSC pages opened did not state the MW threshold. | Per the PSC: minimum 12-year service contract plus optional 5-year ramp; creditworthiness and collateral equal to two years of minimum monthly bills; exit fee with 24 months' notice and an early termination fee otherwise; monthly demand charge set at 80 percent of the agreed rate. | Not stated | Missouri PSC, Utility Tariffs for Large Load Customers; April 2026 Large Load Tariff fact sheet |
| Local land use and zoning | Local planning and zoning partly confirmed | City or county government | DNR states it is not involved in local planning and zoning, and that noise, light and sound are usually handled at the local level; data centers need not notify DNR until they apply for a permit. | Local zoning, site plan and building approvals are obtained from the city or county; specific requirements vary and were not researched. | Not stated | Missouri DNR, data center information page |
| Incentives and conditions | Data center sales and use tax exemption program partly confirmed | Missouri Department of Economic Development | For taxpayers primarily engaged in data processing, hosting and related services (NAICS 518210) or internet publishing and web search portals (NAICS 519130). Investment and job minimums were not stated on the page opened. | Project taxpayer submits a Notice of Intent, employee list, E-Verify MOU, tax clearance for each project taxpayer, and a project plan. A state fiscal note dated 2026 for initiative petition 26-149 states the proposal would repeal Section 144.810 RSMo, the statute granting the exemption to qualified data storage centers; whether it reaches the ballot was not confirmed. | Not stated | Missouri DED program page; State Auditor fiscal note for IP 26-149 https://auditor.mo.gov/SunshineLaw/ViewPostingFile/1392 |
Rules and bills aimed at data centers
- SB 4 (2025), codified at Section 393.130.7 RSMo per PSC order summaries, signed by Governor Kehoe: requires PSC-approved large-load rates; Ameren and Evergy tariffs approved, Liberty pending (PSC fact sheet, April 2026).
- Initiative petition 26-149 would repeal Section 144.810 RSMo, the data storage center sales tax exemption (State Auditor fiscal note, March 2026); ballot status unconfirmed.
Not confirmed or varies by locality
- Numeric de minimis air levels and current 10 CSR 10-6.061 emergency generator conditions were not read.
- The MW threshold for large load tariffs (reports say 100 MW in SB 4, 75 MW in the Ameren and Evergy plans) was not confirmed from a page opened.
- Investment and job requirements for the sales tax exemption were not confirmed.
- Local zoning varies by city and county.
Checked 2026-11-05.
Mississippi
In Mississippi a data center needs an MDEQ air permit to construct for non-excluded equipment, stormwater construction coverage (one to under five acres, or five acres and more), and a Section 401 certification if it fills or dredges waters of the U.S. Groundwater use is governed by MDEQ well and permit rules, with 20,000 gallons per day a recurring reporting trigger.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | Air permit to construct partly confirmed | Mississippi Department of Environmental Quality, Permit Board | 11 Miss. Admin. Code Pt. 2, Ch. 2, Rule 2.1 D(2): any new stationary source or modification must have a permit to construct before beginning actual construction, unless excluded under Rules 2.13 and 2.15 or other provisions. Rule 2.13 D(5) excludes sources (other than incinerators or CAFOs) with potential uncontrolled emissions below 10 tons per year each of PM10, SO2, NOx, CO and VOC and below 1.0 ton per year of each HAP. | Submit an application on the Permit Board form signed by a Responsible Official. Rule 2.1 also states that sources of air emissions must be at least 150 feet from the nearest residential or recreational area, unless the Permit Board grants an exception or variance. The rule pages opened do not list an exclusion for emergency generators, so whether backup engines are excluded was not confirmed. | Not stated | 11 Miss. Code R. 2-2.1 and 2-2.13 (Cornell LII) |
| Construction stormwater | Small and Large Construction Stormwater General Permits | MDEQ, Environmental Permits Division | Small Construction General Permit for projects disturbing one acre or more but less than five acres; Large Construction General Permit for projects disturbing five acres or more. | Small: complete a Small Construction Notice of Intent and a SWPPP, kept on site; per MDEQ, no MDEQ approval is required before construction. Large: submit a Large Construction Notice of Intent and SWPPP via the online portal and mail hard copies. MDEQ states there is no fee for stormwater permits or water quality certifications. | Not stated | MDEQ Stormwater and Section 401 fact sheet |
| Wetlands and waters | Section 401 Water Quality Certification | MDEQ | Required for projects that must obtain a federal permit (Section 404, US Army Corps of Engineers) for filling or dredging a Water of the U.S. | Start with a prefile meeting request. MDEQ states individual 401 certifications are typically issued 3 to 6 months from receipt of a complete application. | MDEQ: individual 401 certifications typically issued 3 to 6 months from receipt of a complete application. | MDEQ Stormwater and Section 401 fact sheet |
| Water supply | Groundwater withdrawal permitting and reporting partly confirmed | MDEQ Permit Board | 11 Miss. Admin. Code Pt. 7, Rule 1.4: groundwater withdrawals must meet the permitting requirements of Rule 1.2 unless exempt (for example single-household domestic wells and wells with surface casing under six inches). Owners of wells producing more than 20,000 gallons per day may be required to file annual water use reports. | Permit or authorization from the Permit Board unless exempt; once-through non-contact cooling use above 20,000 gallons per day is prohibited unless the Permit Board approves it. Wells in a public water system follow Department of Health rules. Surface water and municipal supply paths were not confirmed. | Not stated | 11 Miss. Code R. 7-1.4 (Cornell LII) |
| Incentives and conditions | Data center enterprise tax exemptions partly confirmed | Mississippi Development Authority | Miss. Code 57-113-21 (FindLaw copy, current as of January 1, 2025): a business enterprise that owns or operates a data center with a minimum capital investment in the state of $20,000,000, creating a minimum of 20 new full-time jobs, with a minimum average annual salary of not less than 125% of the average annual state wage (as quoted by the page). | Apply to and be certified by the MDA. The copy opened may not reflect later amendments; confirm with the Legislature's current code. | Not stated | Miss. Code 57-113-21 (FindLaw) |
Rules and bills aimed at data centers
- MDEQ's published 'Stormwater and Section 401 Water Quality Certification' sheet describes the permits it issues for economic development projects, including the 3 to 6 month typical 401 timeline (MDEQ).
Not confirmed or varies by locality
- Whether emergency generators and engines are excluded from the air permit to construct was not confirmed (rule text for 2.13 reviewed did not list them).
- Public Service Commission and utility large-load requirements not researched or confirmed.
- Wastewater/pretreatment, surface water withdrawal, local zoning, and the xAI Southaven air-permit dispute (reported only by news) not confirmed from primary sources.
- Current status of 57-113 amendments (2024-2026) not confirmed.
Checked 2026-11-05.
Montana
Montana has no enacted data center-specific permitting statute as of the sources reviewed. A data center needs a DEQ air quality permit if its potential emissions exceed 25 tons per year, construction stormwater coverage for sites of one acre or more, and a DNRC water permit if groundwater use exceeds 35 gpm or 10 acre-feet per year. Large-load electric service is being set in a NorthWestern Energy tariff case at the Public Service Commission (5 MW and up), and a 2027 legislative bill is in draft.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | Montana Air Quality Permit partly confirmed | Montana DEQ Air Quality Bureau | A facility or unit that has the potential to emit more than 25 tons per year of any airborne pollutant other than lead (ARM 17.8.743(1)(e)), unless excluded under ARM 17.8.744. | A generator or turbine fleet whose potential emissions exceed 25 tons per year needs a permit before construction; smaller fleets may fall below it. Emergency generator exclusions were not confirmed from the page opened. | Not stated | ARM 17.8.743 (Cornell LII) |
| Construction stormwater | MPDES construction stormwater general permit (MTR100000) | Montana DEQ Water Protection Bureau | Construction activity disturbing a total area of one acre or more, including smaller sites in a larger common plan of development whose total area is one acre or more. | Submit a complete Notice of Intent package to DEQ before discharging stormwater; the permit requires a stormwater pollution prevention plan. The 2023 permit was effective January 1, 2023 and expires December 31, 2027. | Not stated | MPDES General Permit MTR100000 (2023) |
| Water supply | DNRC beneficial water use permit (groundwater or surface water) | Montana Department of Natural Resources and Conservation | A permit is not required for a groundwater use of 35 gallons per minute or less not exceeding 10 acre-feet per year (MCA 85-2-306), filed by Notice of Intent (Form 602I, starting January 1, 2026) and Notice of Completion; use above those thresholds, or a different purpose, needs a beneficial water use permit (Form 600). | A data center drawing its own groundwater above the thresholds needs a DNRC permit; combined appropriations from the same source are considered together. The page opened notes a 2024 court order that led DNRC to revise how the exception applies to multi-phase projects. Municipal supply is a separate local arrangement. | Not stated | Montana DNRC permit exceptions page |
| Utility and power siting | NorthWestern Energy Large New Load Tariff (proposed) | Montana Public Service Commission / NorthWestern Energy | As proposed in a filing of March 31, 2026, customers with expected loads of 5 megawatts or more. | Per the Governor's Office announcement, the tariff is pending before the PSC and the Department of Environmental Quality's Energy Office sought to intervene as a party. Final terms, a docket number and any decision were not found, so the requirements for a new large load are not yet established. | Not stated | Montana Governor's Office news release |
| Environmental review | Montana Environmental Policy Act review of state permits partly confirmed | State agency issuing the permit (e.g. DEQ, DNRC) | Major state actions, which include state permit decisions, require agencies under MCA 75-1-201 to prepare a detailed statement of proximate environmental impacts, unavoidable adverse effects and alternatives to the fullest extent possible. | Expect environmental review documentation by the permitting agency alongside an air or water permit. The statute section opened does not set a specific data center trigger or timeline, and which actions require an assessment or statement was not confirmed. | Not stated | MCA 75-1-201 |
Rules and bills aimed at data centers
- Reported by Daily Montanan (September 9, 2026): the Energy and Technology Interim Committee advanced a draft bill, aimed at the 2027 Legislature, that would direct the PSC to ensure large loads of at least 5 megawatts do not harm other customers, create a separate customer class, prevent cost shifting and require financial guarantees; it does not cover data centers that build their own power supply. It is a draft, not law.
- Reported by news (Montana Free Press, Daily Montanan, 2026): community and environmental groups filed a PSC complaint in November 2025 over NorthWestern's data center supply deals; outcome not confirmed.
Not confirmed or varies by locality
- Tariff docket number, final PSC terms and status were not found.
- Air emergency generator exclusions, wastewater (MPDES/pretreatment), 401 certification, county zoning and any data center tax incentives were not confirmed from primary sources.
- Whether the 2027 draft bill is introduced or enacted is unknown.
Checked 2026-11-05.
North Carolina
In North Carolina, large data center backup-generator fleets have been permitted individually by the Division of Air Quality, construction needs NPDES stormwater coverage tied to an erosion and sedimentation plan, and zoning is a local decision. Duke Energy's large-load tariff for data centers was a proposed settlement awaiting Utilities Commission approval as of October 2026.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | State air quality permits for data center engines partly confirmed | NC DEQ Division of Air Quality | DAQ issued permits in August 2026 for 588 emergency backup engines at a data center campus in Richmond County. Specific permit-exemption thresholds were not confirmed from rule text. | Per the DEQ release: permits cap emissions and require control technologies, followed a joint public hearing and 30-day comment period, and added fuel monitoring, testing, recordkeeping and reporting requirements. DAQ modeled worst-case emissions and toxic air pollutants. DAQ states its permitting authority does not cover siting, land use or electricity supply. | Not stated | NC DEQ press release, Aug 28, 2026 |
| Construction stormwater | NPDES construction stormwater general permit NCG010000 (or NCG250000) | NC DEQ, Division of Energy, Mineral and Land Resources | Construction that disturbs one acre or more, or less than one acre if part of a larger common plan of development of that size. NCG01 applies when the project is subject to the DEMLR sediment program; NCG25 applies when it is not but is subject to the federal Clean Water Act. | The permittee is the financially responsible party on the approved Erosion and Sedimentation Control Plan. Submit an e-NOI, pay the first 12 months' fee, receive a Certificate of Coverage, and later file an e-NOT when released from the E&SC plan. | Not stated | NC DEQ NPDES Construction Program page |
| Water supply | Water withdrawal and transfer registration partly confirmed | NC DEQ Division of Water Resources | G.S. 143-215.22H(a): anyone who withdraws 100,000 gallons per day or more from surface or groundwaters, or transfers that amount from one river basin to another, must register. New withdrawals must be registered within two months of starting. | This is a registration requirement. The statute page does not describe separate withdrawal permits; capacity use area rules and interbasin transfer certificates were not reviewed. Many data centers buy from a public water system instead. | Not stated | N.C. Gen. Stat. 143-215.22H |
| Utility and power siting | Duke Energy large-load tariff (proposed settlement) partly confirmed | North Carolina Utilities Commission | As reported by WUNC on Oct 7, 2026: a settlement would make a large-load tariff mandatory for data centers and other customers that use a lot of energy most of the time. It would not apply to companies that signed with Duke on or before June 1, 2026. | Reported terms: new data centers pay upfront for dedicated facilities such as substations; other transmission upgrade costs are repaid over the contract; early exit pays a fraction of the remaining balance. The Utilities Commission must approve some version of the settlement before it takes effect. Thresholds and contract length were not stated in the article. | Not stated | WUNC News, Oct 7, 2026 (news) |
| Local land use and zoning | Local zoning and development approval partly confirmed | City or county planning board and governing board | G.S. 160D-702(a): a local government may adopt zoning regulations controlling building height and size, lot coverage, yards, density, and the location and use of land. | Data center siting is decided locally under the jurisdiction's zoning ordinance, typically by permit, special use or rezoning as the local code requires. Specific local rules vary and were not reviewed. | Not stated | N.C. Gen. Stat. 160D-702 |
| Environmental review | State Environmental Policy Act (SEPA) partly confirmed | State agencies | G.S. 113A-4(2): state agencies must prepare an environmental document for actions involving significant public spending or use of public land that significantly affect the quality of the State's environment. | Applies where a state agency action involves public money or land; a purely private project with no such state action is not described by this section. Whether a given data center triggers it was not confirmed. | Not stated | N.C. Gen. Stat. 113A-4 |
| Incentives and conditions | Sales and use tax exemptions for datacenters partly confirmed | NC Department of Revenue | G.S. 105-164.13 subdivisions (55) and (55a) exempt electricity and eligible business property or datacenter support equipment at eligible internet datacenters and qualifying datacenters; (43a)(b) exempts software sold to datacenter operators and used in the datacenter. | The exemption is forfeited if the required level of investment under G.S. 105-164.3 is not timely made; past taxes and interest become due 30 days after forfeiture. The investment amounts are in definitions not opened here. The page states no job requirement and no sunset. | Not stated | N.C. Gen. Stat. 105-164.13 |
Rules and bills aimed at data centers
- Aug 28, 2026: DAQ issued final air permits to Amazon Data Services (588 emergency backup engines) and Duke Energy Progress (57 temporary non-emergency bridge-power engines, to be retired within a year of starting operations) in Richmond County (NC DEQ release).
- Oct 7, 2026: Duke Energy and parties reached a proposed large-load tariff settlement pending Utilities Commission approval (WUNC, news).
Not confirmed or varies by locality
- Air permit exemption thresholds (15A NCAC 02Q) not confirmed from rule text.
- Legislative bills on data centers in 2026 not confirmed from primary sources.
- Wetlands/401, wastewater pretreatment, and interbasin transfer certificate requirements not reviewed.
- Local data center ordinances vary.
Checked 2026-11-05.
North Dakota
In North Dakota a data center typically needs a state air permit to construct from the Department of Environmental Quality unless its backup engines fall under the rule's exemptions, construction stormwater coverage for sites disturbing one acre or more, and a State Engineer water appropriation permit for any industrial water use from surface or ground water. Public Service Commission siting certificates apply to generation above 50 MW (excluding onsite backup generation) and transmission above 115 kV, and the 2025 Legislature chose to study, not regulate, large loads such as data centers. A state sales tax exemption for qualified data center equipment requires certification by the Tax Commissioner.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | Air pollution control permit to construct (with exemptions for small engines) | North Dakota Department of Environmental Quality, Division of Air Quality | A permit to construct is required for stationary sources unless exempt. Under NDAC 33.1-15-14-02(13), exempt items include any single internal combustion engine under 500 brake horsepower (or multiple engines with combined rating under 500 bhp); engines under 1,000 bhp (single or combined) that run 500 hours or less in a rolling 12 months; and engines at a facility with combined actual emissions of 5 tons per year or less of any air contaminant with an ambient standard. The exemptions apply only if there is no federal permit requirement, and do not apply to engines that are a utility unit. Fossil-fuel burning equipment is exempt only up to 10 MMBtu/hr total heat input with emission limits. | A data center with a bank of large diesel or gas generators will usually exceed the engine exemptions and need a permit to construct. Operating-permit and Title V details were not confirmed here. | The rule directs the department to make preliminary determinations within 90 days of receiving a complete application and to allow 30 days of public comment. | NDAC chapter 33.1-15-14 |
| Construction stormwater | NDPDES construction stormwater general permit (NDR11-0000) | North Dakota Department of Environmental Quality | Required when construction disturbs one acre or more, including smaller projects that are part of a larger common plan that will ultimately disturb one acre or more. | Submit a Notice of Intent for permit coverage and prepare a stormwater pollution prevention plan (the SWPPP does not have to be submitted with the NOI). The DEQ FAQ describes site inspections every 14 calendar days and within 24 hours of a qualifying rain event. | Not stated | DEQ Construction Stormwater FAQ |
| Water supply | Water appropriation permit | North Dakota Department of Water Resources (State Engineer), Water Appropriation Division | Most projects that impound or divert surface water or ground water must obtain a water appropriation permit before putting water to beneficial use. DWR states permits are needed for any industrial use. Domestic, livestock, fish and wildlife and recreational uses are exempt only below 12.5 acre-feet per year. | Apply for a conditional water permit with the fee, construct the works, then DWR inspects and issues a perfected permit. Annual water use reports are required, and a permit can be cancelled for failure to develop the works or for 3 or more years of non-use. | Not stated | DWR Water Permits page |
| Utility and power siting | PSC certificate of site compatibility / corridor compatibility (NDCC ch. 49-22) | North Dakota Public Service Commission | Applies to an electric energy conversion facility (wind over 0.5 MW; other generation over 50 MW; or utility-scale energy storage), a definition that excludes onsite backup electric generation, and to electric transmission facilities designed above 115 kV. Data centers themselves are not listed as a siting-law facility. | A data center that builds its own generation over 50 MW, or a utility building a line above 115 kV to serve it, would need a certificate. The statute requires the Commission to act within the time limits below, extendable for just cause. | Statute: designation no later than six months after a completed application for a certificate of site compatibility, three months for a certificate of corridor compatibility. | NDCC chapter 49-22 |
| Incentives and conditions | Sales and use tax exemption for equipment in a qualified data center (NDCC 57-39.2-04.17) | North Dakota Tax Commissioner | A qualified data center is a newly constructed or substantially refurbished facility of 15,000 square feet or more in aggregate (at least 50 percent used for data processing) on a single parcel or contiguous parcels, with construction completed or refurbishment after December 31, 2020, and with fire suppression and enhanced security attributes. | The future owner applies to the Tax Commissioner for certification as a qualified data center and must respond to information requests within 30 days. To get the exemption at purchase, the qualified business obtains a certificate before buying; otherwise it pays tax and applies for a refund. The exemption covers enterprise IT equipment and software (including cooling, power infrastructure, dedicated substations, backup generation and battery systems), not the building. | Not stated | NDCC chapter 57-39.2 |
Rules and bills aimed at data centers
- 2025 HB 1579 (enacted): directs the Legislative Management to study during the 2025-26 interim the impact of large energy consumers, including data centers, on the grid, including whether the certificate of public convenience and necessity process is appropriate for private end users. It does not itself create a data center permit (enrolled bill text read at ndlegis.gov: https://ndlegis.gov/assembly/69-2025/regular/documents/25-1252-03000.pdf).
- NDCC 57-39.2-04.17 data center sales tax exemption: see incentives item.
Not confirmed or varies by locality
- Local zoning and conditional use path varies by city and county; no state-level data center zoning law was confirmed.
- Wastewater (NDPDES discharge or municipal pretreatment) and wetlands/Section 401 roles were not sourced.
- Title V and operating permit thresholds were not read; only the construction permit exemptions were confirmed.
- Whether the 2025-26 interim study produced 2027 bill proposals was not confirmed.
Checked 2026-11-05.
Nebraska
Nebraska is served entirely by public power, so electric service, rates and any on-site generation for a very large load run through the local public power supplier and the Power Review Board under 2026 laws (LB 1010, LB 1261). The state environment agency (now the Department of Water, Energy and Environment) handles air construction permits for on-site engines, construction stormwater coverage at one acre or more, and well registration. A July 2026 executive order suspends state tax incentives for large-scale data centers.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | Air quality construction permit (Title 129, Chapter 17) partly confirmed | Nebraska Department of Water, Energy and Environment (formerly NDEE) | A construction permit is required before constructing a stationary source or emission unit with a net increase in potential emissions equal to or exceeding: 15 tons/year PM10, 10 tons/year PM2.5, 40 tons SO2, 40 tons NOx, 40 tons VOC, 50 tons CO, 0.6 ton lead, or 2.5 tons of any single HAP or 10 tons combined HAPs (per the EPA-hosted 2017 copy of Chapter 17). | Submit an application with a non-refundable fee that scales with emissions (the 2017 text lists $250 for under 50 tons/year of any regulated pollutant, with higher tiers). Whether backup generators are counted toward these levels was not confirmed in the text opened. | Not stated | Title 129 Chapter 17 (EPA-hosted SIP copy, 2017; may have been amended) |
| Air (generators, turbines) | General construction permit for emergency engines (GCP-EMENG1-2) | Nebraska Department of Water, Energy and Environment | A general construction permit approving construction of emergency engines meeting its criteria: model year 2014 or later, under 30 liters per cylinder, manufacturer-certified to 40 CFR 60 Subpart IIII, combined maximum engine output of 10,000 horsepower or less at the source. | Each engine is limited to 500 operating hours per 12 consecutive months, must have a non-resettable hour meter, and non-emergency operation is limited to 100 hours per calendar year and to certain hours of the day. Engines outside these criteria would need an individual permit. | Not stated | NDEE/DWEE General Construction Permit GCP-EMENG1-2 |
| Construction stormwater | Construction stormwater general permit (NER210000) partly confirmed | Nebraska Department of Water, Energy and Environment | Construction activity causing land disturbance of one acre or more, or less than one acre if part of a common plan of development or sale (NER210000 fact sheet, June 2021). | Operators of new projects must submit a Notice of Intent at least seven days before starting construction and prepare a SWPPP. The fact sheet is for the 2021 permit; the current cycle was not confirmed. | NOI at least 7 days before construction begins, per the 2021 fact sheet. | NDEE NER210000 fact sheet (June 3, 2021) |
| Water supply | Groundwater well registration and Natural Resources District permit partly confirmed | Nebraska Department of Water, Energy and Environment and local Natural Resources Districts | Wells must be registered with the state (Neb. Rev. Stat. 46-601 to 46-635); for wells over 50 gallons per minute, the state page says a permit from the local Natural Resources District may be needed before registration. | Check with the NRD before registering a well pumping more than 50 gpm. State page lists registration fees of $240 (50 gpm or less) and $280 (more than 50 gpm) as of July 2026. Surface water appropriation rules and municipal supply arrangements were not researched. | Not stated | DWEE, Groundwater Well Registration |
| Utility and power siting | LB 1010 large-load interconnection and LB 1261 co-located generation partly confirmed | Nebraska Power Review Board and public power suppliers | Per a law firm summary (Baird Holm, April 2026): LB 1010 treats a retail customer requesting interconnection over 20 MW at a single site as a large-load customer, requires utility interconnection standards, a study fee of at least $50,000 or $1,000 per MW, and initial studies within one year. LB 1261 covers privately funded generation co-located with a customer whose projected new load is at least 1,000 MW (public power article: exceeding 1,000 MW), needing Power Review Board approval and a long-term contract with the consumer-owned supplier. | Large loads negotiate interconnection and rates with the local public power supplier; co-located generation needs PRB approval. A public power trade article states the governor signed LB 1261 (announced June 2); the Baird Holm summary gave LB 1010 and LB 1261 an effective date of July 17, 2026 and said signing was expected. | Not stated | Baird Holm LLP summary; LB 1261 signing per https://www.publicpower.org/periodical/article/new-nebraska-law-allows-public-power-negotiate-with-big-power-users-protect-ratepayers |
| Incentives and conditions | State tax incentives suspended for large-scale data centers (July 2026 order) partly confirmed | Governor; Department of Economic Development; Department of Water, Energy and Environment | Per KTIV news (July 20, 2026): Gov. Pillen signed an executive order that suspends state tax incentives for large-scale data centers, bars approval of new large-scale data center applications under the Imagine Nebraska Act, requires the two agencies to jointly review proposals, and directs creation of a data center task force. The order is described as not a moratorium; the article gives no size threshold or effective date. | Large-scale data center projects should not assume the state sales tax and other incentives are available. A separate Nebraska sales tax exemption for tier two large data centers (LB 1150, effective April 19, 2022, per Sales Tax Institute) depends on employment and investment levels in the taxpayer's agreement; figures not confirmed. | Not stated | KTIV (news report, July 20, 2026) |
Rules and bills aimed at data centers
- Executive order signed July 20, 2026 by Gov. Pillen: suspends state tax incentives for large-scale data centers and bars new approvals under the Imagine Nebraska Act (reported by KTIV; text not read).
- LB 1261 (2026): co-located generation for customers with new load of 1,000 MW or more, Power Review Board approval required; announced signed June 2, 2026 (public power trade article).
- LB 1010 (2026): large-load interconnection standards for customers over 20 MW, effective July 17, 2026 per Baird Holm (summary, signing not confirmed from that page).
Not confirmed or varies by locality
- Actual executive order text, effective date and size definition of large-scale were not read.
- Whether backup generators are counted toward Chapter 17 permit levels, and the current Chapter 17 text, were not confirmed.
- Surface water appropriation, wastewater and pretreatment rules, and local zoning (county and city) were not researched.
- Final enacted text and signing of LB 1010 were not confirmed from legislature pages.
Checked 2026-11-05.
New Hampshire
In New Hampshire a data center typically needs a DES Air Resources temporary permit if its engines or other devices exceed the Env-A 607.01 thresholds (emergency generators limited to 500 hours per year can use a general state permit), a DES Alteration of Terrain permit for significant earth disturbance, and local planning and zoning approval. The Site Evaluation Committee only has automatic jurisdiction over generation of 30 MW or more and certain high-voltage lines, though it can take other facilities by petition. No New Hampshire statute specific to data centers had been enacted as of the sources read; moratorium and large-load proposals are being prepared for the 2027 session.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | DES temporary permit and state permit to operate (Env-A 600); general permit for emergency generators | New Hampshire Department of Environmental Services (DES), Air Resources Division | A temporary permit is required before constructing or installing a new or modified stationary source that meets Env-A 607.01. Examples there: external combustion devices of 10 million Btu/hr or more burning gas or distillate oil; internal combustion devices burning liquid fuel above 0.15 million Btu/hr each with a combined total of 1.5 million Btu/hr or more, or gaseous-fuel units above 1.5 million Btu/hr each with a combined total of 10 million Btu/hr or more; total actual VOC emissions of 10 tons per year or more. Emergency generators and fire pump engines operating no more than 500 hours per year are a source category eligible for a general state permit (Env-A 610.04), and a general-permit-eligible source may skip a temporary permit if DES issues a letter of approval. | Apply before construction. DES has 30 days to say whether an application is complete; final action follows public notice and hearing procedures. A temporary permit expires 18 months after issuance unless reissued. | Rule: completeness determination within 30 days; no fixed day count for final action; temporary permit valid 18 months. | N.H. Code Admin. Rules Env-A 600 |
| Construction stormwater | Alteration of Terrain permit (RSA 485-A:17) partly confirmed | New Hampshire DES, Alteration of Terrain Program | Any person proposing to excavate, place fill, or undertake construction, and any person proposing to significantly alter the characteristics of the terrain in a way that impedes natural runoff or creates unnatural runoff, needs a permit before starting. The statute page read does not state a square-footage trigger; it references permit by notification for projects under 150,000 square feet and fees that scale with disturbed area. | Submit plans at least 30 days before starting and do not begin work until a permit is issued. A fee of $250 plus $0.04 per square foot of disturbance applies to most projects. DES must act within 50 days of receiving an application (or request more information within 50 days), and an applicant can request a default permit if DES misses its deadline. Federal NPDES construction stormwater coverage is separate and was not confirmed here. | Statute: DES approves, denies or extends within 50 days of receiving an application. | RSA 485-A:17 |
| Utility and power siting | Site Evaluation Committee certificate (RSA 162-H), only for large generation or high-voltage lines | New Hampshire Site Evaluation Committee | An energy facility includes generating equipment designed for or capable of 30 MW or more; a transmission line of 100 kV or more associated with such a generator; a line over 100 kV and over 10 miles on an unoccupied route; a new line over 200 kV; and electrical storage of 30 MW peak or more. The committee may also take any other facility it determines requires a certificate, on its own motion or on petition. | A data center that builds its own 30 MW or larger generation, or a new transmission line of those sizes to serve it, would need an SEC certificate. A data center load by itself is not listed as an energy facility. | Not stated | RSA 162-H:2 |
Rules and bills aimed at data centers
- Reported by New Hampshire Public Radio (October 27, 2026): the article identified no enacted New Hampshire law specifically regulating or banning data centers, and said earlier-in-2026 proposals largely failed to progress. For the 2027 session, drafts reported include a moratorium by Sen. Daniel Innis through the end of 2027, a moratorium by Rep. Thomas Cormen for data centers of 20 MW or more through 2028, a large-energy-user bill at a 30 MW peak threshold, and size-tier definitions by Rep. Laurel Stavis with large load at 50 MW. Gov. Kelly Ayotte said she would support a moratorium and plans to propose one in the next biennial budget. These are proposals, not law.
Not confirmed or varies by locality
- Large groundwater withdrawal permits (RSA 485-C, reported threshold 57,600 gallons per day) were not confirmed from an opened primary page; DES returned 403.
- Wetlands, wastewater or sewer pretreatment, and the federal NPDES construction stormwater permit were not sourced.
- No state sales tax in New Hampshire, so there is no sales tax exemption to obtain; incentive programs were not researched.
- Local planning board and zoning approvals vary by town; the status of a 2026 town-zoning bill was only reported in search results and not opened.
- Whether a PUC large-load tariff applies depends on the serving utility and was not researched.
Checked 2026-11-05.
New Jersey
A New Jersey data center needs NJDEP air preconstruction permits for fuel-burning equipment including emergency generators at or above 1,000,000 BTU/hr heat input, NJPDES construction stormwater authorization plus soil conservation district plan certification for 1+ acre of disturbance, and, where wetlands are involved, a Freshwater Wetlands authorization. New Jersey's July 2026 Data Center Fair Share Act requires the BPU to set large-load tariff standards within 12 months, with a threshold not above 50 MW.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | NJDEP air preconstruction permit and operating certificate | NJ Department of Environmental Protection | Under N.J.A.C. 7:27-8.2, commercial fuel burning equipment with maximum rated heat input of 1,000,000 BTU/hr or greater, expressly including emergency generators; separately, stationary reciprocating engines of 37 kW or greater that generate electricity (the listing for engines does not include emergency generators). | A preconstruction permit and operating certificate unless an exemption applies. Listed exemptions include small electric generating equipment under 500 kW that is verified to meet stated NOx, CO, PM and SO2 limits per MWh, and temporary portable equipment on defined time limits. | Not stated | N.J.A.C. 7:27-8.2 (Cornell LII) |
| Construction stormwater | NJPDES construction stormwater general permit (5G3) and soil erosion plan certification | NJDEP; local Soil Conservation District | Construction activity (clearing, grading, excavating) that disturbs one acre or more. | Authorization under the construction general permit (5G3), in addition to a Soil Erosion and Sediment Control Plan certification obtained from the local Soil Conservation District. | Not stated | NJ Department of Agriculture, Natural Resources page on NJDEP stormwater |
| Wetlands and waters | Freshwater Wetlands permit or general permit (and transition area waiver) partly confirmed | NJDEP Land Resource Protection | Regulated activities in freshwater wetlands, open water fill or transition areas under N.J.A.C. 7:7A. | The rules provide letters of interpretation to identify wetlands, general permits-by-certification, general permits (some limited to, e.g., 1/2 acre of transition-area disturbance), transition area waivers, and individual freshwater wetlands and open water fill permits. Flood hazard area rules (N.J.A.C. 7:13) were not confirmed. | Not stated | N.J.A.C. Title 7 Chapter 7A table of contents (Cornell LII) |
| Water supply | Delaware River Basin Commission project approval | Delaware River Basin Commission | Withdrawals of more than 100,000 gpd during any consecutive 30-day period (groundwater, surface water, or basin transfers). | A project having a substantial effect on basin water resources must be submitted to and approved by the Commission before proceeding. NJDEP separately administers state water allocation; its thresholds could not be opened (see gaps). | Not stated | DRBC project review background |
| Utility and power siting | Large data center tariff under P.L. 2026, c.32 (Data Center Fair Share Act) | NJ Board of Public Utilities | BPU sets the size threshold per utility; the minimum designation shall not be greater than 50 MW. Co-owned or contiguous data centers are aggregated. | Within 12 months of enactment the BPU issues standards; each utility then has 180 days to petition for a large data center rate class. The law requires customers to commit to pay for at least 85% of requested electricity supply for 10 years, post deposits or security, pay interconnection and study costs, make demand flexibility commitments, accept curtailment before residential customers in emergencies, and disclose duplicate interconnection requests. | BPU order within 12 months of enactment (approved July 7, 2026); utility petitions within 180 days after the order. | P.L. 2026, c.32 (A796 Fourth Reprint) |
Rules and bills aimed at data centers
- P.L. 2026, c.32 (A796/S731), approved July 7, 2026: large data center tariff framework; effective immediately, BPU standards due within 12 months.
- Reported by Bloomberg Tax and other news: the End Data Center Tax Credits Act (A5165/S4390) removed about $250 million in uncommitted Next New Jersey AI incentives; text of the law not opened.
- Reported by TechRadar: NJDEP fined a data center operator about $1.07 million for installing unpermitted natural gas generators; not independently confirmed from an agency page.
Not confirmed or varies by locality
- Municipal Land Use Law / local site plan and zoning path not researched from a primary source.
- NJDEP Water Allocation permit thresholds could not be opened; Highlands and Pinelands rules may add requirements.
- Flood Hazard Area Control Act permits and general air permit options for generators (e.g., GP series) not confirmed from an opened page.
- Wastewater/pretreatment, building and environmental review not researched.
- Whether BPU has set a final MW threshold or issued standards is unconfirmed.
Checked 2026-11-05.
New Mexico
In New Mexico the air permit is the main gating item for on-site power and generator fleets (NOI above 10 tons per year; construction permit above 10 lb/hr or 25 tons per year of criteria pollutants). Anyone wanting to use water must have a State Engineer permit, and construction stormwater is covered by EPA's general permit because EPA is the permitting authority there. Large on-site generation can trigger Public Regulation Commission location approval.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | NMED air permitting (NOI, construction permit, Title V) | New Mexico Environment Department, Air Quality Bureau | Per NMED: a Notice of Intent (20.2.73 NMAC) if potential emissions exceed 10 tons per year of any regulated air contaminant (including VOCs); a minor source construction permit (20.2.72 NMAC) if potential emissions exceed 10 lb/hr or 25 tons per year of criteria pollutants (excluding VOCs), or the toxic air pollutant lb/hr levels in 20.2.72.400; Title V (20.2.70 NMAC) for major sources, including potential to emit above 100 tons per year of any regulated pollutant. | Calculate potential emissions as continuous operation (8,760 hours) for all engines and turbines, then file an NOI or construction permit application through NMED before construction. The NMED page does not address emergency-generator treatment, so that must be confirmed with the Bureau. | Not stated | NMED Air Quality Permitting page |
| Construction stormwater | EPA NPDES Construction General Permit | U.S. EPA (permitting authority in New Mexico); NMED provides information | Construction disturbing 1 acre or more, or less than 1 acre if part of a common plan of development or sale that will ultimately disturb 1 acre or more, or designated by EPA. | Develop and maintain a SWPPP, implement erosion and sediment controls, perform qualified inspections and corrective action. NMED's page states EPA's CGP covers permittees in New Mexico. Filing is through EPA's NPDES eReporting tool (from EPA's CGP, not read here). | Not stated | NMED NPDES Construction General Permit fact sheet |
| Water supply | State Engineer water use permit partly confirmed | New Mexico Office of the State Engineer | The OSE site states that anyone wanting to use water in New Mexico must have a permit from the State Engineer. For groundwater, NMSA 72-12-3 requires an application in the prescribed form identifying the source, beneficial use, well location, landowner, amount of water and place of use. | File an application with the State Engineer; per the statute text as reproduced by FindLaw, a permit issues only if unappropriated water exists and the appropriation will not impair existing rights, conflict with water conservation, or be detrimental to public welfare. In practice many large users acquire and transfer existing rights; this was not sourced. | Not stated | NMSA 72-12-3 (FindLaw copy) and OSE site |
| Utility and power siting | PRC location approval for large generating plants and transmission lines partly confirmed | New Mexico Public Regulation Commission | NMSA 62-9-3 requires approval before construction of a plant generating electricity for sale to the public rated at 300,000 kW (300 MW) or more, and of transmission lines of 230 kV or more built to carry power from such a plant. | Apply to the PRC for location approval; the commission must approve a plant location unless it would fail air or water pollution standards or unduly impair system reliability. On-site generation sized below 300 MW, or not selling to the public, is not shown to trigger this by the text read; confirm with counsel. | Not stated | NMSA 62-9-3 (FindLaw copy) |
Rules and bills aimed at data centers
- Reported by Source New Mexico (March 2026): NMED air permits for two gas-fired power plants serving the Project Jupiter data center in Dona Ana County drew more than 7,000 comments; the decision deadline moved to July 21 and a public hearing was approved. Final outcome not confirmed.
- News reports (2026) describe a planned 2027 legislative push for a data center moratorium and a 2026 microgrid-related bill; enactment and terms were not confirmed from legislative text.
Not confirmed or varies by locality
- Local land use (county and municipal zoning, industrial revenue bond process) not sourced from primary documents.
- Wastewater discharge and pretreatment rules, 401 certification, state tax incentives for data centers not confirmed.
- Whether emergency generators are exempt or counted in NMED applicability not confirmed; basin-specific closures for new groundwater permits not confirmed.
- Any large-load tariff or data-center rule at the PRC not confirmed.
Checked 2026-11-05.
Nevada
A Nevada data center typically needs an NDEP air operating permit (Class I or Class II depending on emissions) for its backup generators, construction stormwater coverage, and a State Engineer water right or a water supply from an existing right holder. Large on-site generation or high-voltage lines may add Public Utilities Commission siting review. The state tax abatement is optional and carries employment, wage and investment conditions.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | NDEP air quality operating permit (Class I or Class II) partly confirmed | Nevada Division of Environmental Protection, Bureau of Air Pollution Control | Stationary sources with air emissions such as diesel backup generators need a permit; NDEP's page describes Class I as typically for facilities above 100 tons/yr of any regulated pollutant, above 25 tons/yr total HAP or above 10 tons/yr of a single HAP, and Class II for facilities below those levels. NDEP states actual requirements vary with facility conditions. | Submit an air permit application with an equipment and emissions inventory; NDEP issues a Class I or Class II permit based on facility emissions. Exemptions for insignificant activities exist under NAC 445B.288 but were not confirmed for generators. | Not stated | NDEP Air Permitting page |
| Construction stormwater | Construction Stormwater General Permit (NVR100000) | NDEP Bureau of Water Pollution Control | Projects that disturb one acre or more of land; also smaller sites that are part of a larger common plan reaching one acre, or that the Stormwater Branch determines could affect a receiving water within a quarter mile. | Prepare a Stormwater Pollution Prevention Plan, file a Notice of Intent online, pay the fee and mail the signed NOI. An approval letter from the Bureau is required before ground-disturbing work. The 2015 permit is administratively continued while renewal is drafted. | Not stated | NDEP Construction Sites page |
| Water supply | State Engineer water right permit | Nevada State Engineer (Division of Water Resources) | Anyone who wishes to appropriate public waters must apply before performing any work in connection with the appropriation (NRS 533.325); the same applies to changing the point of diversion, manner of use or place of use of an existing right. | The State Engineer must reject an application if there is no unappropriated water, if it conflicts with existing rights, or if it threatens to be detrimental to the public interest (NRS 533.370). Approval also requires proof of intent and financial ability to put the water to use. Buying or leasing an existing right and filing a change application is the other common route. | NRS 533.370 directs the State Engineer to act within 2 years after the final protest-filing date, subject to postponements. | NRS 533.370 and 533.325 (public.law copy) |
| Wastewater and cooling discharge | State discharge permit partly confirmed | NDEP Bureau of Water Pollution Control | Any person discharging a pollutant from a point source into state waters or a treatment works, or injecting fluids through a well into state waters, needs a permit under NRS 445A.465. | If cooling blowdown or other process water would be discharged to waters or injected, a discharge permit applies. Discharge to a municipal sewer would instead follow that utility's pretreatment rules (not confirmed here). | Not stated | NRS 445A.465 (public.law copy) |
| Utility and power siting | Utility facility permit (Utility Environmental Protection Act) partly confirmed | Public Utilities Commission of Nevada | A person other than a local government shall not commence construction of a utility facility without a Commission permit (NRS 704.865). NRS 704.860 defines utility facilities to include electric generating plants and associated facilities, with an exclusion for primarily renewable plants of 70 MW or less nameplate, and lines/substations designed for 200 kV or more. | If a project includes qualifying on-site generation or a high-voltage line, a PUCN permit application is needed. Whether a given on-site gas generation plant qualifies depends on the full statutory definition and should be checked. | Not stated | NRS 704.860 and 704.865 (public.law copy) |
| Incentives and conditions | Data center partial tax abatement (NRS 360.754) | Governor's Office of Economic Development | Optional application. Up to 10 years requires 10 or more full-time Nevada-resident employees and a cumulative capital investment of at least $25,000,000 within 5 years; 10 to 20 years requires 50 or more employees and at least $100,000,000 within 5 years. | Pay at least 100 percent of the average statewide hourly wage, offer health insurance including a dependent option within 2 years, and use at least 50 percent Nevada-resident construction workers unless waived. The center must operate in Nevada at least 10 years; the abatement can be clawed back if requirements stop being met. Applications are not accepted on or after January 1, 2036. | Not stated | NRS 360.754 (public.law copy) |
Rules and bills aimed at data centers
- NRS 360.754 is a data-center-specific partial tax abatement with employment, wage, capital-investment and clawback conditions (see incentives item).
- Tracking of 2027-session proposals, any PUCN large-load tariff, and county-level rules was not confirmed from primary sources.
Not confirmed or varies by locality
- Local zoning and special use permit process by county (for example Storey, Washoe, Clark) not sourced.
- Whether backup generators qualify as insignificant activities under NAC 445B.288 not confirmed; permit-to-construct versus operating permit mechanics not confirmed.
- PUCN large-load or data-center tariff rules and any 2025-2026 legislation not confirmed from primary sources.
Checked 2026-11-05.
New York
New York is currently the most restrictive of these states: Executive Order 62 (July 14, 2026), as described by a law firm summary, pauses discretionary DEC permits for data centers of 50 MW or more until a Generic EIS is complete, so wetlands, air, water and stormwater approvals for such projects may not issue. Underneath that, a project needs SEQR review, DEC construction stormwater coverage at one acre, a DEC water withdrawal permit if it can withdraw 100,000 gpd, and DEC air treatment of its engines. The PSC is running its own large-load interconnection proceeding with a Generic EIS.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | DEC air permit exemptions for combustion units and emergency engines | NY DEC (6 NYCRR Part 201) | Under 6 NYCRR 201-3.2(c): exempt are combustion installations under 10 million Btu/hr burning liquid or gaseous fuel, gas turbines under 10 million Btu/hr at peak load, and emergency power generating stationary internal combustion engines as defined in 200.1(cq). | Equipment above these sizes needs an air permit or registration; emergency engines are exempt, but engines used for peak shaving or demand response are not exempt as emergency engines. | Not stated | 6 NYCRR 201-3.2 (Cornell LII) |
| Construction stormwater | SPDES Construction General Permit GP-0-25-001 | NY DEC | Construction disturbing one or more acres of soil statewide; lower thresholds apply in the NYC East of Hudson watershed (5,000 sq ft) and within NYC (20,000 sq ft). | Owner or operator obtains coverage before construction (eNOI with SWPPP preparer certification, and MS4 acceptance form where applicable) and implements a SWPPP; an individual SPDES permit is the alternative. The general permit runs January 29, 2025 to January 28, 2030. | Not stated | NYSDEC construction stormwater page |
| Wetlands and waters | Article 24 freshwater wetlands permit | NY DEC | Projects that impact previously mapped freshwater wetlands and/or wetlands of 12.4 acres or greater (or their regulated adjacent areas). The DEC page also references an April 8, 2026 date for a reassessment request form for some determinations. | Parcel jurisdictional determination (letter due within 90 calendar days), delineation, then a project determination; a positive project determination means an Article 24 permit is required. | Parcel jurisdictional determination letter within 90 calendar days, per DEC. | NYSDEC freshwater wetland jurisdictional determination |
| Water supply | DEC water withdrawal permit | NY DEC | A water withdrawal system with the capacity to withdraw 100,000 gpd or more, capacity being the summed maximum potential withdrawal of all sources. | A DEC permit; exemptions include temporary construction or dewatering withdrawals under an average 100,000 gpd over 30 days, and withdrawals approved by the Delaware or Susquehanna River Basin Commission (which still must report). Public water supplies are separately regulated by the Department of Health. | Not stated | NYSDEC Water Withdrawal Permits |
| Utility and power siting | PSC Energize NY large-load interconnection proceeding (Case 26-E-0045) | NY Public Service Commission | Large electric load customers, including but not limited to data centers; the page does not define a size threshold. | The PSC found proposed interconnection process and cost allocation reforms may have a significant adverse environmental impact (positive declaration) and is preparing a Generic EIS that also evaluates construction and operation of large-load data centers. Final rules were not confirmed. | Not stated | DEC Environmental Notice Bulletin, Sept. 30, 2026 |
| Environmental review | SEQR environmental review | Lead agency (local board or state agency) under 6 NYCRR Part 617; DEC administers | Any state or local agency discretionary permit, license or approval, funding or direct action. | Actions are classified Type I, Type II or Unlisted; Type I requires a Full EAF and coordinated review. The lead agency issues a negative declaration or a positive declaration requiring an EIS with scoping, draft EIS, public comment and findings. | Lead agency determination of significance within 20 calendar days after receiving needed information; lead agency chosen within 30 days for coordinated Type I review; public comment on a draft EIS at least 30 days. | NYSDEC Stepping Through the SEQR Process |
| Incentives and conditions | Executive Order 62 pause on discretionary DEC approvals partly confirmed | Governor / DEC / Department of Public Service | Data centers that consume or can consume 50 MW or more, per a law firm summary (Davis Wright Tremaine) of the order effective July 14, 2026. | DEC holds in abeyance certain discretionary environmental approvals (wetlands, air, water, stormwater) until DPS completes a GEIS; facilities mainly for manufacturing, research, education or medical care are exempt; local government approvals are not paused. DPS technical conference by Dec 31, 2026 and white paper by Feb 12, 2027. Not confirmed against the order text. | Pause lasts until the GEIS is complete; no deadline in the order per this summary (other summaries say within 12 months). | Davis Wright Tremaine summary of EO 62 |
Rules and bills aimed at data centers
- Executive Order No. 62 (July 14, 2026): pause on discretionary DEC approvals for 50 MW+ data centers pending a Generic EIS, per law firm summaries (Davis Wright Tremaine, Hodgson Russ); governor.ny.gov text not opened.
- Responsible Data Center Development Act (20 MW definition) passed the legislature in June 2026; reported by law firm Hodgson Russ as unsigned with a veto expected, though one outlet (Tom's Hardware) reports it signed; status unconfirmed.
- PSC Case 26-E-0045 (Energize NY Development) large-load interconnection proceeding with Generic EIS, per DEC Environmental Notice Bulletin Sept. 30, 2026.
Not confirmed or varies by locality
- EO 62 primary text and whether new applications filed after July 14 are covered; sources differ.
- Status of the Responsible Data Center Development Act.
- Local zoning and site plan path (varies by municipality), wastewater/SPDES industrial discharge and building rules not researched.
- Whether DEC applies the EO pause to generator air permits or stormwater coverage for specific projects.
- Article 24 wetlands rules have been in flux after an April 2026 court ruling reported in DEC materials not opened; confirm with the regional DEC office.
Checked 2026-11-05.
Ohio
In Ohio a new data center typically needs a local zoning/site plan approval, an Ohio EPA construction stormwater permit, an air authorization for its backup engines (permit-by-rule or a PTIO), and utility service under the serving utility's data center tariff. Water usually comes from a municipal system, which means ODNR registration is not triggered unless the site builds its own withdrawal. If the site builds on-site generation of 50 MW or more, Ohio Power Siting Board approval is a major gating item. The state sales tax exemption for data center equipment was reportedly paused for new applications in May 2026; confirm with the Tax Credit Authority.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | Permit-by-rule (or exemption) for emergency generators/engines | Ohio EPA (district office or local air agency) | Emergency reciprocating engines (generators, pumps, compressors) greater than 50 horsepower may use the permit-by-rule instead of a PTIO if they run no more than 500 hours per rolling 12 months at the facility and burn gasoline, natural gas, distillate oil or LPG. | Send written notice to the Ohio EPA district office or local air agency before installing the engine, and keep operating to the rule's conditions, including federal engine standards (40 CFR 60 subpart IIII or JJJJ, or 40 CFR 63 subpart ZZZZ) as applicable. The rule says there is no time limit on use in true emergencies. If the engines do not meet the rule's conditions, a regular PTIO is needed. | Not stated | Ohio Administrative Code 3745-31-30 (permits-by-rule) |
| Air (generators, turbines) | Permit-to-Install-and-Operate (PTIO) / Title V | Ohio EPA, Division of Air Pollution Control (district office or local air agency) | Air contaminant sources not exempt or not eligible for permit-by-rule (for example turbines, or generators that exceed the permit-by-rule limits) need a PTIO. Per Ohio EPA's guide, facilities emitting 100 tons or more per year need a permit-to-install and a Title V operating permit; smaller emitters need a PTIO. De minimis sources (under 10 lb/day of any contaminant) are exempt. | Submit a PTI/PTIO application with emission calculations to the district office or local air agency, ideally at least six months before construction. Ohio EPA recommends meeting with the district office six to eight months before construction. A PTI/PTIO allows 18 months to begin construction. | Ohio EPA guide: completeness review within 14 days; final permits typically issued 3 to 6 months after a complete application; general permits usually processed within 45 days. | Ohio EPA, Guide to Environmental Permitting in Ohio |
| Air (generators, turbines) | Title V major-source test (OAC 3745-77-01) | Ohio EPA, Division of Air Pollution Control | Under OAC 3745-77-01 a major source is a stationary source (or group on contiguous or adjacent property under common control) that emits or has the potential to emit 100 tons per year or more of any air pollutant, 10 tons per year or more of any single hazardous air pollutant, or 25 tons per year or more of any combination of hazardous air pollutants. Lower thresholds apply in some ozone, carbon monoxide and PM10 nonattainment areas (for example 50 tpy VOC in an ozone transport region, 70 tpy PM10 in serious areas). | Estimate potential emissions of the planned engines or turbines at the site; staying below these levels keeps the site a non-major (minor) source. Which sources must hold a Title V permit is set by OAC 3745-77-02, which was not read here. No turbine-specific threshold was found. | Not stated | Ohio Administrative Code 3745-77-01 |
| Construction stormwater | Construction Stormwater General Permit (OHC000006) - Notice of Intent | Ohio EPA, Division of Surface Water | Construction that disturbs one or more acres, or less than one acre if part of a larger common plan that will disturb one or more acres. The permit text also sets different post-construction practice requirements at two or more acres of disturbance versus under two acres. | File a Notice of Intent electronically before construction and prepare and follow a stormwater pollution prevention plan with erosion/sediment controls and post-construction stormwater practices. The permit states the NOI is due at least 21 days before construction begins. | NOI at least 21 days before construction starts (45 days in certain watersheds named in the permit). Current permit effective April 23, 2023 through April 22, 2028. | Ohio EPA Permit No. OHC000006 |
| Wetlands and waters | Section 401 Water Quality Certification and Isolated Wetland Permit | Ohio EPA, Division of Surface Water (federal 404 permits: U.S. Army Corps of Engineers) | A Section 401 certification is needed when a federal 404 permit is required for filling streams, wetlands or lakes (Ohio EPA has pre-granted certification for activities covered by Nationwide Permits that meet their conditions). Filling an isolated wetland (not connected to navigable waters) requires a state isolated wetland permit from Ohio EPA. | For 401: public notice for 30 days, an alternatives analysis and discussion of social and economic impacts. For isolated wetlands: general permit with a level one review for category 1 or 2 wetlands of one-half acre or less, with higher review levels for larger or higher-quality wetlands; includes wetland delineation and a mitigation proposal. | State law requires 401 certifications within 180 days of a complete application. Isolated wetland level one: Ohio EPA says it will notify within 15 business days whether the application is complete. | Ohio EPA, Guide to Environmental Permitting in Ohio |
| Water supply | Water withdrawal facility registration and high-capacity permits (ODNR) | Ohio Department of Natural Resources, Division of Water Resources | Anyone with capacity to withdraw more than 100,000 gallons per day must register and report annually (ORC 1521.16); registration is not a permit and has no fee. A data center that only buys water from a public water system does not register, because the public water system is the withdrawing facility. A separate consumptive-use permit is required for new or increased consumptive use over an average of 2 million gallons per day (ORC 1521.23), with lower thresholds in the Lake Erie watershed under ORC 1522.12 (for example 1 million gpd for groundwater or inland surface water over 90 days, 2.5 million gpd from Lake Erie). | Most data centers connect to a municipal or public water system, so the practical step is a water service agreement with the local utility. A site that drills its own wells or intakes must register with ODNR and, where thresholds apply, apply for a high-capacity permit (one-time $1,000 fee per ODNR testimony). | Not stated | ODNR Director testimony to Select Committee on Data Centers, May 27, 2026 |
| Wastewater and cooling discharge | Indirect discharge (pretreatment) permit or NPDES permit | Ohio EPA, Division of Surface Water (or the local POTW with an approved pretreatment program) | Industrial process wastewater (such as cooling blowdown) sent to a publicly owned treatment works is regulated under the pretreatment program. If the POTW has an Ohio EPA-approved pretreatment program, the permit comes from the POTW; otherwise a significant industrial user applies to Ohio EPA for an indirect discharge permit. A direct discharge to a stream needs an individual NPDES permit. | Contact the local POTW or Ohio EPA, submit the application at least 180 days before discharging, and comply with effluent limits and monitoring. A permit-to-install may also be required if additional treatment is installed on site. | Ohio EPA performance standard: final action within 180 days of a complete application (both NPDES and indirect discharge permits); indirect discharge permits are valid for 5 years. | Ohio EPA, Guide to Environmental Permitting in Ohio |
| Utility and power siting | Ohio Power Siting Board certificate (on-site generation or high-voltage lines) | Ohio Power Siting Board (within PUCO) | A major utility facility under ORC 4906.01(B)(1) includes an electric generating plant and associated facilities designed for or capable of 50 megawatts or more, and an electric transmission line with design capacity of 100 kilovolts or more. Electric distribution lines are excluded. A data center with less than 50 MW of on-site generation and only distribution-level service would not meet these thresholds on its own. | For qualifying generation or transmission, apply to the OPSB for a certificate. PUCO's chair testified that House Bill 15 (2025) updated OPSB timeframes, created new case types (priority investment areas, sites controlled by the developer), and expanded behind-the-meter generation so that more generating types and non-adjacent sites can serve a single large user. ORC 4906.01 lists HB 15 as its latest amendment (effective August 14, 2025) but does not define 'associated facilities'. | Not stated | Ohio Revised Code 4906.01 (HB 15 context from PUCO Chair testimony, May 27, 2026) |
| Utility and power siting | Utility data center tariff (AEP Ohio, case 24-508-EL-ATA) | Public Utilities Commission of Ohio (PUCO) | New large data center load served by AEP Ohio. PUCO approved the AEP Ohio data center tariff in July 2025 (the order of July 9, 2025 in case 24-508-EL-ATA). PUCO has directed FirstEnergy to propose a data center tariff, and PUCO staff recommended one in AES Ohio's rate case. | Per PUCO's chair, the tariff requires new data centers to provide collateral, pay a minimum demand charge, sign long-term contracts (at least 8 to 12 years) and pay exit fees if they end service early. AEP Ohio reported 5,642 MW signed under it as of February 2026. The Ohio Consumers' Counsel (an Ohio state agency) states the tariff requires new, large data centers to pay for at least 85 percent of their contracted capacity for up to 12 years even if they use less, and that data center industry groups appealed to the Ohio Supreme Court in November 2025 (https://www.occ.ohio.gov/factsheet/quick-facts-data-centers-ohio and https://occ.ohio.gov/content/data-center-costs-24-0508-el-ata). The megawatt threshold that defines 'large' was not confirmed from a primary page. | Not stated | PUCO Chair French testimony to Select Committee on Data Centers, May 27, 2026 |
| Local land use and zoning | Local zoning and site plan approval | Municipality, township board of trustees (zoning commission / board of zoning appeals), or county | In unincorporated areas, a township board of trustees may regulate by resolution, following a comprehensive plan, the location, height, bulk, number of stories and size of buildings, lot coverage, setbacks, open space, and the use of land for trade, industry, residence, recreation or other purposes, and may set landscaping and architectural standards (excluding exterior building materials). Rules must be uniform within each zoning district (ORC 519.02). | Check the parcel's zoning district with the township, county or municipality before committing to the site. Counties may adopt similar zoning for unincorporated land (ORC 303.02) and a municipal planning commission may divide the municipality into zones (ORC 713.06). Specific approval steps vary by locality. | Not stated | Ohio Revised Code 519.02 (township zoning); county and municipal zoning authority also read at ORC 303.02 and 713.06 |
| Building and fire | Nonresidential building permits and inspections | Ohio Board of Building Standards; certified local building department | Construction of nonresidential buildings. Under ORC 3781.10 the Board of Building Standards adopts rules for erecting, constructing, repairing, altering and maintaining buildings, in separate residential and nonresidential codes; for nonresidential buildings the rules set lawful minimum requirements. | Confirm plan review and inspection steps with the local building department serving the site. Who enforces the code, and fire code and plan review details, were not confirmed here (ORC 3781.10 does not address fire code). | Not stated | Ohio Revised Code 3781.10 |
| Environmental review | State environmental review / federal NEPA partly confirmed | None identified at state level; federal agency only if a federal action is involved | No general state environmental impact review requirement for private data centers was found. Federal NEPA applies only if a federal permit or funding is involved, such as an individual Army Corps 404 permit. | Not applicable unless a federal nexus exists; the Ohio EPA 401 process requires an alternatives analysis and social and economic impact discussion for the project. | Not stated | Ohio EPA, Guide to Environmental Permitting in Ohio (401 section); absence of a state requirement could not be proven from a single page |
| Incentives and conditions | Data center sales and use tax exemption (Tax Credit Authority) partly confirmed | Ohio Tax Credit Authority (Department of Development), with Tax Commissioner and Director of Development review | ORC 122.175: the Authority may fully or partially exempt data center equipment from sales and use tax by agreement. Statute requires taxpayers at the site to make at least $100 million in capital investment over three consecutive years and to pay at least $1.5 million in annual compensation subject to Ohio income tax withholding (applying from about the 25th month after the agreement). | Apply to the Tax Credit Authority before committing to the project; the Authority sets the term and amount of the exemption. A May 28, 2026 release from an Ohio state senator refers to the Governor's pause on the data center tax break; the pause itself was not confirmed from the Governor's own page, so check with the Tax Credit Authority before relying on this exemption. | Not stated | Ohio Revised Code 122.175 (version effective Sept. 30, 2025); pause per Ohio Senate member release (ohiosenate.gov), not the Governor's page |
Rules and bills aimed at data centers
- 2025: PUCO order (July 9, 2025, case 24-508-EL-ATA) approved the first data center specific tariff, for AEP Ohio: collateral, minimum demand charge, 8-12 year contracts, exit fees. Approved; PUCO has directed FirstEnergy to propose a similar tariff.
- 2025: House Bill 15 (signed 2025) expanded behind-the-meter generation and updated OPSB timeframes, enabling data centers to build their own generation. Enacted (per PUCO Chair testimony, May 27, 2026).
- May 2026: Governor DeWine reportedly paused consideration of new data center sales tax exemption requests at the Tax Credit Authority (reported in news and referenced in a May 28, 2026 Ohio Senate member release; the Governor's own page could not be opened).
- 2026: House Bill 957 (136th General Assembly, sponsor Rep. Tristan Rader), 'Prohibit new data center sales tax exemptions from being granted', is shown on ohiohouse.gov as referred to the House Ways and Means Committee, with no later steps checked.
- 2026: Senate Bill 374 (136th General Assembly, sponsors Sen. Kent Smith and Sen. Louis Blessing), 'To amend section 122.175 of the Revised Code to prohibit new data center sales tax exemptions from being granted', is shown on ohiohouse.gov as in the Senate Finance Committee, with no later steps checked.
- 2025: A Legislative Service Commission analysis (found via search, not read) lists the HB 96 data center exemption repeal as vetoed by the Governor; a May 28, 2026 Ohio Senate member release also refers to that veto. No override of the data center repeal was found.
- 2026: General Assembly Select Committee on Data Centers began meetings May 2026 (ODNR and PUCO testified May 27, 2026); no data-center-specific siting, water or moratorium statute was confirmed.
Not confirmed or varies by locality
- No Ohio EPA general permit specific to diesel emergency generators was confirmed; the permit-by-rule applies to emergency reciprocating engines over 50 hp. Coverage of gas turbines and non-emergency or peak-shaving use was not confirmed. The PSD/NSR major stationary source test in OAC 3745-31-01 (reported as 250 tpy for most source types in attainment areas, 100 tpy for listed categories such as large fossil-fuel boilers) was read from a partial page load and is not yet recorded as an item.
- Air permit fees were not checked.
- The AEP Ohio tariff megawatt threshold (a figure of 25 MW appears in testimony seen via search, not in a primary page opened), exit fee and collateral amounts were not confirmed from the PUCO order itself; the PUCO docket system blocked automated access. Later PUCO activity (rehearing, tariff compliance filings, rate case and default-service orders in 2026) and the Ohio Supreme Court appeal status were not verified.
- Whether a transmission or interconnection line below 100 kV serving an on-site 50 MW+ plant falls under OPSB as an associated facility, and HB 15 details (priority investment areas, timelines), were not read from the statute.
- Local zoning requirements, township versus municipal roles, and any local data center moratoria vary by locality and were not researched.
- Fire code and plan review details, and the Ohio EPA post-construction stormwater specifics for sites over two acres, were not confirmed in detail.
- Dates of actions on HB 957 and SB 374 were not shown on the pages opened, and any other data center bills (136th General Assembly) were not checked. The HB 96 veto detail comes from a legislator's release and search snippets, not the veto message or enacted analysis text. The Governor's release on the Tax Credit Authority pause could not be opened.
- Isolated wetland and 401 fee amounts were not verified from the current fee schedule.
Checked 2026-11-05.
Oklahoma
In Oklahoma the state-level gates a data center typically meets are DEQ construction stormwater coverage (OKR10), a DEQ air permit if on-site engines or turbines are installed, and water supply, which in practice usually comes from a municipal utility rather than a state water permit. The Corporation Commission regulates electric rates, and 2026 legislation and utility large-load tariff filings are changing the terms for new large loads. Local zoning and building approvals were not confirmed from a primary source.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | DEQ minor facility air construction permit | Oklahoma DEQ Air Quality Division | No person may commence construction or modification of a minor facility, or operate a new minor facility, without a DEQ permit. De minimis and permit-exempt facilities are exempt; the only emergency-engine exemption listed in that rule is for primary and secondary schools and single family residences. | Apply to DEQ before building. After an administratively complete minor construction permit application is filed, an applicant may build up to, but not including, making a unit operational, at its own risk. Whether a given set of generators falls under the de minimis or exempt lists was not confirmed. | Not stated | OAC 252:100-7-2 (Cornell LII) |
| Air (generators, turbines) | Permit by rule for emergency engine facilities | Oklahoma DEQ Air Quality Division | Available to minor facilities and area sources whose only obligation to obtain a permit is the presence of one or more emergency engines. Actual emissions of each regulated pollutant (excluding HAPs) must be at or below 40 tons per year; potential emissions must stay below PSD, NNSR and Part 70 thresholds; HAPs under 10 tpy for a single HAP and 25 tpy combined; not a Part 70 source. | Owner must meet the applicable federal engine standards (NSPS Subpart IIII for compression ignition, JJJJ for spark ignition, NESHAP Subpart ZZZZ for area-source reciprocating engines) plus DEQ rules on emission inventories and fees, excess emission reporting, particulate matter, opacity, fugitive dust, sulfur compounds, nitrogen oxides, VOCs, testing and recordkeeping. | Not stated | OAC 252:100-7-60.6 (Cornell LII) |
| Air (generators, turbines) | Major source air permits for large gas-fired units partly confirmed | Oklahoma DEQ Air Quality Division | DEQ states that appropriate construction and operating permits must be obtained for any natural gas turbine built in Oklahoma, and that large gas-fired units may require major source permits such as PSD permits and Title V operating permits. No size threshold is given on that page. | Equipment-specific; applicant would need to confirm with DEQ whether on-site generation triggers major source review. | Not stated | Oklahoma DEQ, Information on Data Centers |
| Construction stormwater | OKR10 construction stormwater general permit | Oklahoma DEQ Water Quality Division | Construction that disturbs one acre or more, or is part of a larger common plan of development or sale that exceeds one acre. | Submit a Notice of Intent to DEQ and have coverage in place before construction starts; DEQ says to check with the city or county about any additional permit coverage before submitting. A stormwater pollution prevention plan is expected under the permit. | DEQ states NOI processing takes about 14 days from the date of receipt. | Oklahoma DEQ, Construction Stormwater |
| Water supply | OWRB water use permit (groundwater or stream water) partly confirmed | Oklahoma Water Resources Board | A permit is required for water use other than domestic use, for both groundwater and stream water. Domestic exemption includes non-household uses only if total use stays within five acre-feet per year. | Notarized long-term application with filing fee; groundwater applications need proof of land surface interest or groundwater ownership. A 90-day Provisional Temporary permit is also offered ($200 regular or $300 expedited). | Page does not state long-term permit processing times; the temporary permit is a 90-day permit. | OWRB Water Permitting FAQ |
| Wastewater and cooling discharge | DEQ wastewater discharge or pretreatment, sewer and water line permits partly confirmed | Oklahoma DEQ Water Quality Division | Wastewater discharged into waters of the state requires a permit; discharges to publicly owned treatment works are also covered; sewer line and water line construction permits are on DEQ's list. DEQ says small centers in existing commercial buildings on city water and sewer may not need DEQ permits, while rural centers without public utilities may need air, wastewater, stormwater and other permits. | Determine whether cooling blowdown goes to a municipal sewer (pretreatment under the city program) or a direct discharge. No flow or concentration thresholds are given on the page. | Not stated | Oklahoma DEQ, Information on Data Centers |
| Utility and power siting | Corporation Commission large-load rules and utility large-load tariffs partly confirmed | Oklahoma Corporation Commission | New large-scale electric customers such as data centers. Per KGOU, HB 2992 (Data Center Consumer Ratepayer Protection Act of 2026) took effect July 1, 2026 and requires separate terms and tariffs for large-scale customers, and requires developers to notify the Commission, county commissioners and abutting owners within 60 days after a deal is made. No MW threshold was stated in the article. | Sign up under the serving utility's large-load tariff once approved. News reports (KGOU, June 2026) say OG&E filed a proposed large-load tariff requiring large customers to pay upfront for the cost of connecting; PSO had filed its own earlier. Final Commission decisions were not confirmed. | Not stated | KGOU (news report) |
| Incentives and conditions | Sales tax exemption, property tax exemption, Quality Jobs | Oklahoma Department of Commerce / Oklahoma Tax Commission | Per Commerce, data centers under NAICS 518210 (SIC 7374) are eligible for a sales tax exemption on machinery and equipment but not electric power, if they derive at least 80 percent of annual gross revenue from out-of-state buyers. Per the state's draft incentive evaluation, Oklahoma imposes no minimum investment, job creation or facility size requirement for this exemption. | Apply for an exemption through the Tax Commission. Commerce also lists a property tax exemption on new investment in real property (not computers or servers) and the Quality Jobs program (up to 5 percent of quarterly payroll for up to 10 years, requiring $2.5 million in new annual payroll within three years). | Not stated | Oklahoma Dept. of Commerce, Data Center Industry Tax Incentives |
Rules and bills aimed at data centers
- HB 2992, Data Center Consumer Ratepayer Protection Act of 2026: signed May 2026, effective July 1, 2026 (reported by KGOU). Requires separate large-load terms and notice to the Commission, counties and abutting owners within 60 days after a deal.
- SB 259 (2026): signed May 2026; per KGOU it allows groundwater permits only for data centers whose cooling systems are designed to conserve and recycle water. KGOU also reports no water permits had been issued specifically to data centers because they buy municipal water. A follow-up bill on secondary-source groundwater is expected next year (reported by KGOU, July 2026).
- The state Incentive Evaluation Commission draft (Sept. 2026) recommends retaining the computer services and data processing exemption with modifications.
Not confirmed or varies by locality
- Local zoning, building permit and county-level approvals were not confirmed from a primary source.
- Final Corporation Commission action on OG&E and PSO large-load tariffs, and the HB 2992 large-load definition, were not confirmed.
- Exact text and effective date of SB 259 and which permits it applies to were not read from the statute.
- Whether and how a current OKR10 renewal has replaced the 2017 permit was not checked.
Checked 2026-11-05.
Oregon
Oregon data centers are permitted through a DEQ Standard Air Contaminant Discharge Permit, which DEQ issues based on a local land use compatibility finding, so local approval under the statewide planning system comes first. Water use requires an Oregon Water Resources Department permit for surface or groundwater unless exempt. Large loads of 20 MW or more are subject to a separate utility rate class and contract terms under the 2025 POWER Act.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | DEQ Standard Air Contaminant Discharge Permit (data center template) | Oregon Department of Environmental Quality | DEQ's data center Standard ACDP template lists Data Processing (SIC 7374) and Table 1 Part B, code 87, Emergency Power Generation. DEQ's general permit page also states that its general permit attachment GP 32a covers emergency engines only up to 3,000 horsepower aggregate. | Apply for a Standard ACDP listing the emergency engines; the template permit is issued based on land use compatibility findings and includes emission limits, emergency engine hour limits (100 hours per calendar year of maintenance and testing and up to 50 hours of non-emergency use counted within it), source testing and recordkeeping. DEQ also has a Tier 4 streamlined data center permit path (details not read). | Not stated | Oregon DEQ data center Standard ACDP template (revised 4/9/2026) |
| Construction stormwater | 1200-C construction stormwater permit partly confirmed | Oregon DEQ | DEQ describes the 1200-C permit as regulating discharges from construction activities to surface waters of the state. The page read did not state an acreage threshold. | Apply through DEQ's online system and pay application and annual fees (Table 70G). Acreage trigger and land use requirement should be confirmed in the permit itself. | Not stated | Oregon DEQ construction stormwater page |
| Water supply | Surface water permit | Oregon Water Resources Department | ORS 537.130 requires an application to the Department before work on a surface water appropriation, and bars using, storing or diverting water until the Department issues a permit, subject to listed exemptions. | File an application with maps and fee; the Department reviews completeness, issues preliminary determinations, takes public comment, and issues a proposed final order. It presumes no harm to the public interest if the use is allowed under the basin program, water is available, existing rights are not injured, and Commission rules are met (rebuttable presumption). | Not stated | ORS Chapter 537 |
| Water supply | Groundwater permit | Oregon Water Resources Department | Under ORS 537.535, using groundwater is an unlawful appropriation unless covered by a permit (ORS 537.625) or a registration, except for exempt uses listed in ORS 537.545. | Obtain a groundwater permit before using well water for cooling or process needs; supply from a municipal provider is the alternative route (not sourced here). | Not stated | ORS 537.535 (public.law copy) |
| Utility and power siting | POWER Act large energy use facility rate class and contract | Oregon Public Utility Commission | HB 3546 (2025) applies to a large energy use facility, defined as one that uses or can use 20 MW or more and is primarily engaged in a NAICS 518210 data processing service, served by investor-owned utilities. | Service is under a separate rate class and tariff that directly assigns costs of serving the facility, with a contract of 10 years or longer. The PUC report says PGE's compliance schedules were approved in Order No. 26-239 (July 10, 2026) and Pacific Power's compliance decision was expected by the end of 2026. Idaho Power is also subject but reports none such loads in Oregon. | Not stated | Oregon PUC 2026 POWER Act Legislative Report |
| Local land use and zoning | City or county land use approval under statewide planning goals | City or county planning department; Land Conservation and Development Commission oversight | Under ORS 197.175 each city and county must adopt comprehensive plans and land use regulations in compliance with statewide goals and make land use decisions in compliance with their acknowledged plan and regulations. | A data center must be allowed by the local zoning and plan designation, or obtain a plan or zone change or conditional use through the local process. Zoning and the land use compatibility finding are prerequisites for the DEQ permit (per DEQ's permit template). | Not stated | ORS 197.175 (public.law copy) |
| Incentives and conditions | Enterprise zone moratorium for new data centers (HB 4084) partly confirmed | Business Oregon | HB 4084 makes new data centers ineligible for the standard Enterprise Zone property tax exemption from June 5, 2026 until 90 days after the 2027 legislative session adjourns, per a law-firm summary. | Plan on no new enterprise zone abatement during the moratorium; data centers already receiving it keep it. The Strategic Investment Program is reported as unaffected. | Not stated | Davis Wright Tremaine blog, June 2026 |
Rules and bills aimed at data centers
- HB 3546 (POWER Act, 2025): separate rate class and 10-year minimum contracts for facilities of 20 MW or more (PUC report).
- HB 4084 (2026): enterprise zone property tax moratorium for new data centers, effective June 5, 2026 (law-firm summary; bill text not read).
- DEQ has a data-center-specific Standard ACDP template (revised 4/9/2026) and a Tier 4 streamlined data center permit path.
Not confirmed or varies by locality
- Wastewater (NPDES or WPCF, pretreatment) and 401/wetlands (DEQ and DSL) not sourced.
- Stormwater acreage threshold not confirmed from the page read.
- Local zoning specifics (for example Hillsboro, Hermiston) and Strategic Investment Program terms not sourced.
- Statewide data center advisory committee recommendations and any 2027 proposals not confirmed.
Checked 2026-11-05.
Pennsylvania
A Pennsylvania data center typically needs local zoning and land development approval, DEP air plan approval or an exemption for its combustion equipment, NPDES construction stormwater coverage for 1+ acre of earth disturbance, and Chapter 105 authorization if streams or wetlands are affected. Large water use may trigger Susquehanna River Basin Commission review, and loads above 50 MW fall under the PUC's large load model tariff framework. A 2026 executive order adds sequencing conditions for projects over 25 MW.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | DEP air plan approval or exemption | PA Department of Environmental Protection (Air Quality) | Plan approval is required before constructing an air contamination source unless exempt. Exempt under 25 Pa. Code 127.14(a) are combustion units rated 2.5 million Btu/hr or less, and units under 10 million Btu/hr burning utility natural gas, LPG, or No. 2 or lighter fuel oil meeting sulfur limits; DEP may also exempt sources of minor significance. | Large diesel or gas engines and turbines above those sizes generally need a plan approval; smaller combustion units may be exempt. The section text does not name emergency generators specifically, so DEP's own exemption list and determinations govern how they are treated. | Not stated | 25 Pa. Code 127.14 |
| Construction stormwater | NPDES construction stormwater permit (PAG-02 or individual) | PA DEP / county conservation districts | Earth disturbance of one acre or more. | Coverage under the PAG-02 general permit if eligible, otherwise an individual NPDES permit application. | Not stated | PA DEP Construction Stormwater page |
| Wetlands and waters | Chapter 105 waterway and wetland authorization and 401 certification | PA DEP / delegated county conservation districts; U.S. Army Corps of Engineers | Work in or affecting streams, wetlands or floodways. | Depending on impact: waiver, general permit registration, small project individual permit (non-wetland sites only) or standard individual permit. Section 401 certification is requested from DEP with a Chapter 105 Environmental Assessment Form. DEP reviews state and federal (404/Section 10) permits jointly under Pennsylvania State Programmatic General Permit 6 where it applies. | Not stated | PA DEP Permitting and Authorizations |
| Water supply | Susquehanna River Basin Commission project approval (where in the basin) | Susquehanna River Basin Commission | Within the Susquehanna basin: consumptive use averaging 20,000 gpd over any 30 days, or a withdrawal averaging 100,000 gpd over 30 days (18 CFR 806.4(a)). | Project review and approval by the Commission before the use or withdrawal begins. Sites in the Delaware basin are under a separate commission (see gaps). | Not stated | 18 CFR 806.4 (eCFR) |
| Utility and power siting | PUC large load model tariff framework | PA Public Utility Commission | Customers above 50 MW individually or 100 MW combined. | The final order (docket M-2025-3054271, press release May 13, 2026) covers cost responsibility, deposits and collateral, interconnection studies completed within six months, ramp and minimum contract term guidance, and permission to self-build certain upgrades. It is a model for utilities' own tariff filings, not directly binding. | Interconnection studies completed within six months, per the PUC press release. | PA PUC press release |
| Incentives and conditions | Executive Order 2026-05 conditions for large data centers partly confirmed | Governor / DEP | Projects with peak demand exceeding 25 MW, as described by a law firm summary of the order signed August 18, 2026. | DEP issues permits only after the applicant shows local comprehensive plan consistency and zoning/subdivision approval; a consent order track allows rolling review, while the other track starts review only after local approvals and water authorizations. Data centers are removed from the PA Permit Fast Track Program. The order creates no enforceable rights. | Not stated | Reed Smith summary of EO 2026-05 |
Rules and bills aimed at data centers
- PUC large load model tariff final order, docket M-2025-3054271, released May 13, 2026 (50 MW / 100 MW aggregate threshold; non-binding model).
- Executive Order 2026-05 (signed Aug 18, 2026) as summarized by Reed Smith: over 25 MW peak demand; local approvals before DEP permits; annual water and energy reporting by existing data centers starting July 1, 2027; DEP to recommend backup generator emission regulations.
- Reported by news outlets (not opened as primary): pending bills on local zoning, moratoria and state preemption for data centers (e.g., HB 2151, SB 1345, SB 939); statuses unconfirmed.
Not confirmed or varies by locality
- Local zoning/land development path under the Municipalities Planning Code varies by municipality and was not confirmed from a primary source.
- Delaware River Basin Commission thresholds not checked (applies to eastern PA sites).
- State data center sales-tax exemption (Computer Data Center Equipment Program) terms could not be opened from a primary page; confirm with the Department of Revenue.
- DEP treatment of emergency generators under its exemption list and GP-9 not confirmed.
- Wastewater/pretreatment and building requirements not researched.
Checked 2026-11-05.
Rhode Island
In Rhode Island a data center with backup generators generally needs a RIDEM minor source air permit (or a pre-approved general permit for emergency generators), RIPDES construction stormwater coverage for sites disturbing one acre or more, and municipal approvals. The Energy Facility Siting Board has jurisdiction over generation of 40 MW or more and transmission lines of 69 kV or over, which matters if a data center builds its own generation or a new line. Several 2026 data center bills were introduced; none was confirmed as enacted in the sources read.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | Minor source air permit, or general permit for emergency generators (Air Pollution Control Regulations 9 and 43) partly confirmed | Rhode Island Department of Environmental Management (RIDEM), Office of Air Resources | A generator required to obtain a minor source permit under subsection 9.3.1 of Regulation No. 9 may instead apply for a pre-approved general permit under Regulation No. 43 if it meets that regulation's requirements. The threshold in 9.3.1 was not read. Under Regulation No. 43, generators with nonroad engines are exempt from that rule. | Regulation No. 43 lets emergency generators operate up to 500 hours per year for maintenance, testing and emergencies, bars operating them in demand-reduction or interruptible supply programs (with a limited exception tied to the regional grid operator), and requires a non-resettable elapsed-time meter. A generator that does not meet Regulation No. 43 needs an individual minor source permit under Regulation No. 9. | Not stated | RIDEM Air Pollution Control Regulation No. 43 |
| Construction stormwater | RIPDES Construction General Permit partly confirmed | RIDEM, Office of Water Resources | Per RIDEM's September 2025 summary, land disturbances totaling over one acre trigger the need for CGP authorization. A project under one acre needs a Notice of Intent only if it is part of a larger common plan that would disturb one acre or more in total; projects proposing less than one acre do not require coverage. | Apply through RIDEM's online permit application system (RIPDES CGP / UIC Stormwater Application) with a project narrative, site plans showing flow paths, discharges and receiving waters, and an Appendix A checklist; a stormwater pollution prevention plan is optional for projects under five acres. The 2025 reissued permit extended coverage until September 26, 2026, and RIDEM stated it intended to reissue a five-year permit in 2026; the current permit was not confirmed. | Not stated | RIDEM summary of changes to the CGP (Sept 2025) |
| Utility and power siting | Energy Facility Siting Board license (R.I. Gen. Laws ch. 42-98), only for large generation or transmission | Rhode Island Energy Facility Siting Board | A major energy facility includes generation of electricity designed or capable of operating at a gross capacity of 40 MW or more, water-power facilities of 10 MW or greater, and transmission lines of 69 kV or over. No mileage threshold appears in the definition read. | A data center that builds on-site generation of 40 MW or more, or a utility transmission line of 69 kV or over to serve it, would be subject to the Board. A data center load alone is not listed in the definition read. | Not stated | R.I. Gen. Laws 42-98-3 |
Rules and bills aimed at data centers
- A 2026 General Assembly press release (Speaker Pro Tempore Brian Patrick Kennedy) describes a bill to set state rules for data centers, citing costly electric infrastructure upgrades; its final status was not confirmed.
- Search results (pages not opened) indicated several 2026 bills: H7270/S2427 (regulation), H7331/S2776 (PUC cost allocation to data centers) and H7695/S2346 (tax exemptions for qualified data centers). Sources conflicted on whether any passed, and a July 2026 States Newsroom report was said to state that a guardrails bill and a tax-break bill failed to clear the chamber. Treat all as unconfirmed.
Not confirmed or varies by locality
- Regulation No. 9 permit threshold (9.3.1) and any emergency-engine exemption were not read.
- Final status of 2026 data center bills (regulation, cost allocation, tax exemption) could not be confirmed; check the General Assembly bill pages.
- Water supply (Providence Water or other supplier approvals), wastewater pretreatment, freshwater wetlands and CRMC roles, and RI environmental review were not sourced.
- Local zoning and building approvals vary by municipality.
Checked 2026-11-05.
South Carolina
In South Carolina a data center typically needs a DES air construction permit for its generator fleet (a Berkeley County project was permitted as a synthetic minor), NPDES construction stormwater coverage at one acre, and water coverage that depends on volume (3 million gallons per month triggers surface and groundwater rules). A comprehensive state data center bill (S.867) was still in the Senate per the legislature's page.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | Air construction permit for data center emergency generators | SC Department of Environmental Services, Bureau of Air Quality | DES statement of basis for CP-50000183 (Autumn Timber LLC data center): a construction permit covered the emergency generators only, because cooling towers and fuel tanks were exempt from permitting based on emission levels. Emissions were calculated at 500 hours per year per generator. | The permit used synthetic minor limits (NOx and CO each below 250 tons per year) to stay below the PSD major-source threshold, and required a Title V operating permit application within 12 months of startup. It allowed additional new-model-year emergency generators for up to ten years without new construction permits if limits and federal engine standards (40 CFR 60 Subpart IIII, 63 Subpart ZZZZ) are met. Application received March 22, 2024, accepted into expedited review March 28, 2024; statement of basis dated November 13, 2024. | Not stated | SC DES statement of basis, CP-50000183 |
| Construction stormwater | NPDES Construction General Permit (2026) | SC DES, Bureau of Water | Land-disturbing activity of one acre or more, and smaller projects that are part of a larger common plan of development of at least one acre. Permit effective March 30, 2026, expires March 29, 2031. | File a Notice of Intent with a stormwater pollution prevention plan under the general permit. Additional coastal-zone provisions for sub-acre sites near coastal waters are in the permit text. | Not stated | SC DES 2026 Construction General Permit |
| Water supply | Surface water withdrawal permit | SC DES | S.C. Code 49-4-20 and 49-4-25: withdrawals above 3 million gallons per month (single intake, or multiple intakes under common ownership within a one-mile radius) must be made under a surface water withdrawal permit, subject to listed exemptions. | Obtain a permit before withdrawal and file annual reports of quantities withdrawn. | Not stated | S.C. Code Title 49, Chapter 4 |
| Water supply | Groundwater withdrawal registration, notice and capacity-use-area permits | SC DES | S.C. Code 49-5-30: a groundwater withdrawer withdraws more than 3 million gallons in any one month from a well or wells under common ownership within a one-mile radius. | Withdrawers register and report use (49-5-40, 49-5-80). Outside a capacity use area in the Coastal Plain, DES must be notified at least 30 days before building a new well or increasing rated capacity (49-5-50). Inside a designated capacity use area, a permit to construct and a withdrawal permit are required (49-5-100). | Not stated | S.C. Code Title 49, Chapter 5 |
| Incentives and conditions | Datacenter sales and use tax exemption partly confirmed | SC Department of Revenue / Department of Commerce | Statute text as reproduced in Revenue Ruling 13-5: a taxpayer invests at least $50 million (or $75 million combined for more than one taxpayer) in real or personal property over a five-year period and creates and maintains at least 25 full-time jobs meeting compensation requirements, with certification by the Department of Commerce. The ruling's effective date is June 7, 2012, so amended terms should be checked against the current Code. | Exempts qualifying computers, equipment, hardware and software, and electricity used at the datacenter. The text states the subitem applies only to a datacenter certified by Commerce before January 1, 2032, and continues for taxpayers certified by December 31, 2031. If jobs are not met, the electricity exemption is prorated by qualifying jobs divided by twenty-five. | Not stated | SC DOR Revenue Ruling 13-5 |
Rules and bills aimed at data centers
- S.867, the Data Center Development Act (126th Session): introduced Jan 29, 2026; reported favorably by the Senate Agriculture and Natural Resources Committee on April 28, 2026; shown as residing in the Senate. As introduced it would define a data center as 1 MW or more connected load in three tiers, require a siting permit from a new Data Center Development Office in DES, set water use effectiveness limits, and keep rates under the PSC. Not enacted per the legislature page checked.
- DES permitted a data center's emergency generators as a synthetic minor source (CP-50000183, statement of basis dated Nov 13, 2024).
Not confirmed or varies by locality
- Air-permit exemption thresholds for emergency generators (Regulation 61-62.1 Section II) could not be opened; the state site returned 403.
- PSC siting, large-load tariff requirements for SC utilities, and the Santee Cooper path were not researched.
- Wastewater/pretreatment, wetlands/401, and local zoning (varies by county) not confirmed.
- Whether S.867 or other 2026 bills passed after the pages checked is unconfirmed.
Checked 2026-11-05.
South Dakota
In South Dakota a data center generally needs a DANR air construction permit if it has stationary generators or other regulated emission units, construction stormwater coverage for sites of one acre or more, and a state water right permit for commercial or industrial water use (a municipal or rural water system supplying the site would hold its own permit). In March 2026 the state enacted data center laws reported to cover facilities of 10 MW or more: they must pay for electric service costs they cause, follow water-use limits, and local governments keep authority to regulate or prohibit data centers. Sales tax incentives for data centers were rejected in 2026, so local land use approval and utility arrangements are the main gates.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | Air quality construction permit (and minor/Title V operating permit as applicable) partly confirmed | South Dakota Department of Agriculture and Natural Resources (DANR), Air Quality Program | DANR lists emergency and non-emergency generators among regulated operations. Its program overview describes a construction permit for new stationary sources or modifications, a minor permit for potential to emit between 25 and 100 tons per year of a regulated pollutant, and a Title V permit at 100 tons per year or more (or more than 10 tpy of one hazardous air pollutant or more than 25 tpy combined). Stationary sources under 25 tons per year but subject to federal requirements are not required to be permitted. Prevention of Significant Deterioration applies above 250 tons per year of a criteria pollutant (100 tpy for 28 listed categories). The rule ARSD 74:36:20:02 bars construction until a construction permit is issued, subject to exceptions in 74:36:20:02.01 (exception text not read). | A permit must be issued before equipment is installed. Construction, minor and Title V permits have a 30-day public notice, and PSD has a 30-day public notice. | DANR states 90 to 180 days to issue or modify an air quality construction permit. | DANR 2025 Air Quality Program presentation |
| Construction stormwater | Construction stormwater general permit | South Dakota DANR, Surface Water Quality Program | Construction disturbing one or more acres needs coverage; if the total area of the plan is over one acre, a permit is required for the duration of the project. | Submit a Notice of Intent through the EPA CDX portal at least 15 days before construction starts, with the first-year fee (listed as $100 under 5 acres, $250 for 5 to under 40 acres, $500 for 40 to under 80 acres, $750 for 80 acres or more). A permit is not issued until the fee is paid. | NOI due at least 15 days before construction begins. | DANR Stormwater Permit for Construction Activities |
| Water supply | Water right permit | South Dakota DANR, Water Rights Program (Chief Engineer; Water Management Board if contested) | All surface and ground water belongs to the people of the state and the only use that does not require a permit is domestic use within limits. Private-supply commercial and industrial uses need a permit; municipal and rural water systems need one above 18 gallons per minute. | Apply to DANR; the Chief Engineer recommends approval or denial, and contested applications go to the Water Management Board. A permit sets a five-year construction deadline and four additional years to put water to beneficial use. | DANR says an uncontested application recommended for approval takes approximately two months; contested ones take considerably longer. | DANR Water Rights Program |
| Utility and power siting | PUC energy facility permit (SDCL ch. 49-41B), only for large on-site generation | South Dakota Public Utilities Commission | An 'energy conversion facility' is a new facility or expansion designed for or capable of generating 100 MW or more, excluding wind and solar. An expansion counts if it adds at least 25 MW AC and brings combined capacity to 100 MW AC or more. Hybrid facilities that can inject 100 MW or more into the grid are included. | A data center building its own 100 MW+ fossil or similar generation would need a PUC permit before construction. Backup generators below that size do not fall under this chapter by threshold. The transmission definition was not read. | Not stated | SDCL 49-41B-2 |
| Local land use and zoning | County or municipal zoning and conditional use approval partly confirmed | County or city planning and zoning | Data center siting is a local decision. The 2026 law is reported to preserve the authority of cities and counties to adopt ordinances limiting, prohibiting or otherwise regulating the construction, development or operation of data centers. | Expect a rezoning, conditional use permit or building permit through the local jurisdiction, with requirements that vary by city and county. | Not stated | KOTA-TV (news report) |
Rules and bills aimed at data centers
- Reported by KOTA-TV (March 25, 2026): Gov. Rhoden signed two data center bills. One (linked as Bill ID 27028; SDPB identifies it as SB 135, the 'Data Center Bill of Rights for Citizens', signed) applies to data centers with peak demand of 10 MW or greater, requires them to pay for electrical infrastructure costs attributable to them, requires water use not to overburden local resources, and bars the state from overriding local data center ordinances.
- Reported by KOTA-TV (March 25, 2026): the other signed bill (Bill ID 26923, HB 1038) lets the Public Utilities Commission assess data center companies the costs of regulatory reviews. The HB 1038 amendment text read at mylrc.sdlegislature.gov refers to a data center with a peak demand of ten megawatts or greater.
- Reported by KOTA-TV: lawmakers rejected a 50-year sales tax exemption for data center equipment and software, an expansion of an existing sales tax rebate to data centers, moratorium bills, and a bill (ID 26863) that would have exempted large off-grid backup generators from PUC regulatory and siting review.
Not confirmed or varies by locality
- Enrolled text of SB 135 was not opened; water-limit details (rulemaking by the Water Management Board, reporting) and the exact 10 MW definitions should be confirmed against the enacted bill.
- Air permit exemptions for engines (ARSD 74:36:20:02.01 and 74:36:20:04) could not be opened.
- Wastewater discharge or pretreatment, wetlands/Section 401, and state transmission siting thresholds were not sourced.
- Local zoning varies widely by county and city.
Checked 2026-11-05.
Tennessee
Tennessee's environmental department regulates the equipment at a data center (engines, generators, turbines, boilers) rather than the data center itself, and four counties (Davidson, Hamilton, Knox, Shelby) run their own air programs. Typical state items are air permits or permit-by-rule for backup engines, construction stormwater coverage at one acre, water withdrawal registration at 10,000 gallons per day, and wastewater or pretreatment approvals.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | Air construction and operating permits, permit-by-rule, insignificant activity | TDEC Division of Air Pollution Control (or a local program in Davidson, Hamilton, Knox or Shelby County) | Per TDEC: APC regulates emission sources such as engines, generators, turbines and boilers, in 91 counties; Davidson, Hamilton, Knox and Shelby run their own programs. Sources under 5 tons per year of any regulated pollutant or under 1,000 pounds per year of any hazardous air pollutant may be exempt. Permit-by-rule is available for emergency engines at non-Title V facilities. PSD applies at 250 tons per year of a regulated NSR pollutant (100 for certain source categories). Title V applies at 100 tons per year of any regulated pollutant, 10 tons per year of a single HAP, or 25 tons per year of combined HAPs. | APC asks new data centers to submit insignificant activity determinations. Backup engines typically qualify for permit-by-rule unless total facility emissions exceed major source thresholds. Larger or non-emergency sources need non-PSD or PSD construction permits and a true minor, conditional major or Title V operating permit. | Not stated | TDEC data centers page |
| Construction stormwater | NPDES Construction General Permit | TDEC Division of Water Resources | Construction sites with one acre or more of land disturbance, regardless of end use. | Obtain coverage under the construction general permit before disturbing the site. | Not stated | TDEC data centers page |
| Wetlands and waters | Aquatic Resource Alteration Permit (ARAP) | TDEC Division of Water Resources | Required for certain activities that alter waters of the state, including some surface water withdrawals, water intakes, and physical changes to streams or wetlands. The page gives no numeric threshold. | Apply for an ARAP before altering streams or wetlands or building a surface-water intake. | Not stated | TDEC data centers page |
| Water supply | Water withdrawal registration | TDEC Division of Water Resources | Withdrawals of 10,000 gallons per day or more from surface water or groundwater must be registered. Registration does not authorize or limit the withdrawal. | Register the withdrawal. Wells must be drilled by a licensed driller. | Not stated | TDEC data centers page |
| Wastewater and cooling discharge | NPDES discharge permit, industrial pretreatment, Class V UIC | TDEC Division of Water Resources / local sewer utility | NPDES wastewater discharge permit for discharges to surface waters (data center sources include cooling tower blowdown, stormwater and process wastewater). Significant industrial user pretreatment status applies to discharges of 25,000 gallons per day or more of process wastewater to a POTW, 5% or more of a POTW's hydraulic or organic capacity, or categorical standards. A Class V underground injection permit is required to discharge wastewater into groundwater. | Choose the discharge route (surface water, sewer, or groundwater) and obtain the matching permit or pretreatment approval. | Not stated | TDEC data centers page |
| Incentives and conditions | Qualified data center sales and use tax exemption partly confirmed | Tennessee Department of Revenue | Per the Department of Revenue application form (RV-F1325001, dated 2017, last modified 2023): over a three-year period, a capital investment of more than $100,000,000 and at least 15 net new full-time permanent jobs paying at least 150% of the state average occupational wage with minimal health care. The investment period can be extended to four years for good cause. | Apply to the Department of Revenue; if approved, a certificate exempts computers and related items, repair and maintenance contracts, backup power infrastructure and cooling equipment (Tenn. Code Ann. 67-6-206(c)), and provides a 1.5% reduced rate on electricity. The form may not reflect later statutory changes. | Not stated | TN Dept of Revenue form RV-F1325001 |
Rules and bills aimed at data centers
- TDEC maintains a dedicated data centers permitting page describing air, water, stormwater and wastewater programs applicable to data centers (TDEC).
- 2026 session proposals (tax exemption pause, large-load cost bills) were seen only in search results and were not confirmed from primary sources.
Not confirmed or varies by locality
- Utility/large-load requirements (TVA and local power company rules) were not confirmed from a primary source.
- Local zoning and building process not researched; varies by city or county.
- Current statutory text of the data center exemption (the form is dated 2017/2023) and 2026 legislation were not confirmed.
Checked 2026-11-05.
Texas
In Texas a data center usually needs a TCEQ air authorization for backup engines or turbines (often a permit by rule for emergency units, otherwise a standard or case-by-case permit), TCEQ construction stormwater coverage for sites of 1 acre or more, a wastewater authorization or sewer pretreatment approval, and local plat approvals including a groundwater availability certification. For a large ERCOT load, the main gate is the utility and ERCOT large-load interconnection process under SB 6 (2025), which applies to single-site loads above 75 MW. Water is a growing constraint: the water source depends on the local groundwater district or water provider, and data centers must file the TWDB annual water use survey.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | Permit by rule for portable/emergency/standby engines and turbines (30 TAC 106.511), or other TCEQ air authorization | Texas Commission on Environmental Quality (TCEQ) | Engines or gas turbines driving electric generator sets (and compressors or water pumps) used only for portable, emergency and/or standby service may qualify for a permit by rule under 30 TAC 106.511 plus the general PBR conditions in 30 TAC 106.4. Non-emergency generation (for example on-site prime power engines or turbines) needs another authorization. TCEQ lists, from least to most effort: permits by rule (106.511 and 106.512 for stationary engines and turbines), a standard permit (certain electricity-generating engines must use the standard permit instead of the PBR), a case-by-case Chapter 116 construction permit, and a flexible permit. | For qualifying emergency units, TCEQ states the PBR needs no registration and no fee. The owner must still meet the rule conditions and keep copies of 106.4 and 106.511 plus records showing compliance for a rolling 12-month period, on site and available for inspection. Units that cannot meet the PBR need another TCEQ air authorization before construction. The annual operating-hours limit for emergency units and area-specific NOx rules (30 TAC Chapter 117) are listed under gaps because the rule text could not be opened. | Not stated | TCEQ Air PBR 106.511 page (also read: TCEQ engine authorization page https://www.tceq.texas.gov/permitting/air/guidance/newsourcereview/engine/nsrauth_engine.html) |
| Air (generators, turbines) | Federal operating permit (Title V, 30 TAC Chapter 122) | Texas Commission on Environmental Quality (TCEQ) | Required if the site is a major source as defined in 30 TAC 122.10 (TCEQ), or has an Acid Rain affected unit. Federal baseline per EPA: 100 tons per year of any air pollutant, 10 tons per year of a single hazardous air pollutant or 25 tons per year combined, and lower thresholds only for pollutants that are in nonattainment in the area. For ozone (VOC or NOx) EPA lists 100 tpy for marginal and moderate areas, 50 for serious, 25 for severe and 10 for extreme. Which Texas counties fall in which class, and the exact text of 122.10, were not opened here. | TCEQ describes three federal operating permit types under Chapter 122: a site operating permit (for any site subject to Chapter 122 that does not qualify for a general or temporary permit), a general operating permit for sites with similar operations covered by standard permits or permits by rule (sites with case-by-case permits do not qualify), and a temporary operating permit for sources that relocate at least once every five years. Determine potential to emit across the whole site first. | Not stated | TCEQ Title V overview page and permit types page (https://www.tceq.texas.gov/permitting/air/titlev/permit_types.html); thresholds from EPA https://www.epa.gov/title-v-operating-permits/who-has-obtain-title-v-permit |
| Construction stormwater | TPDES Construction General Permit TXR150000 | Texas Commission on Environmental Quality (TCEQ) | Under the TCEQ construction general permit (TXR150000), sites disturbing less than 1 acre do not need coverage. Sites disturbing 1 to under 5 acres follow TCEQ's small construction steps; sites disturbing 5 acres or more follow the large construction steps. Count the total acres of a larger common plan of development, even if built in phases. | Submit the Notice of Intent (NOI) through TCEQ STEERS, prepare and keep updated a stormwater pollution prevention plan (SWP3) listing best management practices, using TCEQ's RG-639 template if desired, and pay the $225 authorization fee TCEQ lists (payable online in STEERS). Post-construction stormwater rules were not on this page; local drainage criteria may apply. | Not stated | TCEQ construction stormwater assistance page |
| Wetlands and waters | Section 401 water quality certification (for federal Section 404 permits) | TCEQ (state certification); U.S. Army Corps of Engineers (404 permit) | Only if the site fill or dredging affects waters of the U.S. requiring a Corps Section 404 permit. TCEQ Tier I review applies to projects under 1,500 linear feet of stream and under 3 acres of waters of the U.S. that avoid rare or ecologically significant wetlands; larger or sensitive impacts get Tier II individual review. | Submit a Pre-filing Meeting Request and then a Certification Request to TCEQ for projects needing 401 certification. The Corps issues the 404 permit itself. | Not stated | TCEQ 401 Certification Reviews page |
| Water supply | TWDB annual Water Use Survey (data centers) | Texas Water Development Board (TWDB) | Data centers are among the industrial users that must complete TWDB's annual Water Use Survey (Water Code 16.012(m); 31 TAC 358.5). It applies to facilities operational (not planned or under construction) in the survey year; water used for construction is not included. Surveys are due March 1 (first business day of March). | Complete the online survey when received; it stays open after March 1 for late submissions or revisions and closes to the public July 1, after which PDF or paper surveys go to the TWDB team. A survey with blank questions and no note is administratively incomplete, and an incomplete survey is not considered complete for TWDB financial assistance or water-right application requirements. A data center not currently surveyed should contact the TWDB survey team. The water source itself (city supply, groundwater district permit, surface water right) is a separate matter not confirmed here. | Not stated | TWDB Water Use Survey FAQ |
| Wastewater and cooling discharge | TCEQ industrial wastewater authorization (TPDES/TLAP) or POTW pretreatment | TCEQ; local wastewater utility (POTW) for sewer discharges | Per TCEQ, every facility that discharges wastewater to state waters, or disposes of it by land application next to state waters, must be authorized by rule, order or permit. Closed-loop systems and internal recycling are not covered. Discharges to a city sewer fall under pretreatment: TCEQ says its pretreatment requirements apply to all publicly owned treatment works (POTWs), governed federally by 40 CFR Part 403 and by each POTW's TPDES permit. | For direct discharge, a site-specific TPDES individual permit (surface water) or Texas Land Application permit (TLAP), or coverage under a general permit where eligible. For sewer discharge, comply with the POTW's industrial user and pretreatment requirements. Discharge may be barred in some areas (for example under 30 TAC Chapter 311 or 213). Thresholds and cooling-tower specifics were not on the opened pages. | Not stated | TCEQ industrial wastewater page and pretreatment page (https://www.tceq.texas.gov/permitting/wastewater/pretreatment/pretreatment_definition.html) |
| Utility and power siting | SB 6 large load interconnection standards (ERCOT) and related PUC/ERCOT processes | Public Utility Commission of Texas (PUC); ERCOT; the interconnecting utility | New or expanded single-site load interconnections above 75 MW in ERCOT (PUC may set a lower threshold). Per enrolled SB 6 (Util. Code 37.0561): disclose substantially similar duplicate interconnection requests in Texas; pay a flat study fee of at least $100,000 for initial transmission screening; show site control; meet uniform financial commitment requirements; disclose on-site backup generation of 50% or more of site demand, which ERCOT may direct to deploy before load is curtailed (cannot require emissions or environmental violations). Transmission-voltage loads interconnected after Dec 31, 2025 must support a curtailment protocol during firm load shed (Util. Code 39.170). Pairing an existing generator with a new large load through net metering requires ERCOT study (120 days) and PUC action (60 days) under 39.169. | Apply to the interconnecting utility and ERCOT, provide disclosures and financial security, and sign interconnection agreements. The PUC large load rule (16 TAC 25.194, Project 58481) was reported by trade press as adopted around September 18, 2026 with a flat $100,000 study fee; the adoption order was not opened, so security amounts and final timelines are not stated here. Municipal utilities and co-ops may add requirements. A CCN is a separate matter for new transmission lines and was not confirmed. | For co-location with existing generation: ERCOT study report within 120 days, then PUC has 60 days to approve, deny or condition; if the PUC does not act in time it is deemed approved. No overall interconnection timeline confirmed. | Texas Legislature, enrolled SB 6 (89th Leg., 2025) |
| Local land use and zoning | Groundwater availability certification for subdivision plats | City (municipality) or county; TCEQ sets form (30 TAC Chapter 230) | Since January 1, 2024 (SB 2440), cities and counties must require a groundwater availability certification with plat applications for subdivisions that rely on groundwater (Local Government Code 212.0101 for cities, 232.0032 for counties). It must come from a licensed engineer or geoscientist. The approving authority may waive it if credible evidence shows sufficient supply and either the whole tract is supplied from the Gulf Coast or Carrizo-Wilcox aquifer, or the tract is divided into 10 parts or fewer. | Use TCEQ Form 20982 (certification) and Form 20983 (plat attesting form) with the plat application. Zoning and site-plan approval inside cities, and the limits on county zoning outside cities, were not confirmed from an opened primary source and vary by locality. | Not stated | TCEQ Groundwater Availability Certification page and enrolled SB 2440 (https://capitol.texas.gov/tlodocs/88R/billtext/html/SB02440F.htm) |
| Incentives and conditions | Texas data center sales and use tax exemption; other 2026 state actions | Texas Comptroller of Public Accounts | Qualifying data center: at least 100,000 sq ft in a single building by a single occupant who cannot sublease, at least 20 qualifying jobs in the county, and at least $200 million capital investment over five years, plus uninterruptible power, generator backup, fire suppression and enhanced security. Qualifying large data center project: at least 250,000 sq ft on a single parcel or commonly owned contiguous parcels, at least 40 jobs, and at least $500 million over five years. | Apply to the Comptroller for certification. Exemption is 10 years ($200M to under $250M within five years), 15 years ($250M or more), or 20 years for large projects. It applies to the 6.25 percent state sales tax; the Comptroller page is internally inconsistent on whether local tax is exempt for large projects, so confirm. Facilities under a Chapter 313 agreement are ineligible. | Not stated | Texas Comptroller data centers page |
Rules and bills aimed at data centers
- SB 6 (89th Leg., 2025, enrolled): large load interconnection standards above 75 MW in ERCOT, $100,000 minimum study fee, financial commitment, backup generation disclosure, curtailment protocol for transmission-voltage loads interconnected after 2025-12-31, co-location review (enrolled text read).
- PUC Project 58481: new 16 TAC 25.194 Large Load Interconnection Standards reported adopted around September 2026 (found via search; adoption order could not be opened, verify details).
- 2026-09-14: Governor directed TWDB to enforce Water Code water use survey requirements against data centers, with referral to county or district attorneys and notice to TCEQ (Governor's press release read).
- Per the same release, on 2026-08-03 the Governor directed PUC and ERCOT to audit data centers in ERCOT's interconnection process; projects that do not complete the audit must be denied interconnection.
- Legislative interest in 2027 session in data center water reporting and county authority was reported by news and law-firm sources only; no enacted bill confirmed.
Not confirmed or varies by locality
- 30 TAC 106.511 annual operating-hours limit for emergency engines not confirmed from the current official rule text (the TCEQ page does not reproduce it and the Secretary of State site now redirects to a portal; one secondary excerpt suggested a 10 percent of normal operating schedule limit from an older version, unverified).
- 30 TAC Chapter 117 NOx limits and which counties are covered: TCEQ page not found, not confirmed.
- Title V: exact text of 30 TAC 122.10 and which Texas counties are in each ozone class not opened (only EPA federal thresholds confirmed).
- Post-construction stormwater rules and TCEQ processing times not confirmed.
- Water source: groundwater conservation district rules vary by district; surface water rights and municipal supply contracts not researched.
- Industrial wastewater thresholds, general permit options and cooling tower blowdown specifics not confirmed.
- Final text of PUC rule 16 TAC 25.194 (financial security amounts, timelines): PUC documents returned errors; only a trade-press report of adoption.
- CCN requirements for transmission/substation construction: PUC rule 25.101 and CCN page could not be opened.
- City zoning and site plan, county zoning limits (counties generally understood to lack zoning power but not confirmed), building and fire code adoption: no primary source opened (state statutes site did not render text).
- State environmental review law: none found, not conclusively confirmed.
Checked 2026-11-05.
Utah
A Utah data center generally needs a Division of Air Quality approval order for its generators unless it falls under a small-source or category exemption, UPDES construction stormwater coverage, and a legal water supply under the state engineer's appropriation system. Projects expected to reach 100 MW or more of new service fall under the 2025 large-load law (S.B. 132), which routes service through Public Service Commission-approved contracts.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | DAQ approval order (new or modified source) partly confirmed | Utah Department of Environmental Quality, Division of Air Quality | New or modified stationary sources need an approval order under R307-401 unless exempt. The small source exemption (R307-401-9) applies only if actual emissions are under 5 tons per year of each criteria pollutant (including NOx, CO, SO2, PM10, VOC), under 500 lb/yr of any single hazardous air pollutant and under 2,000 lb/yr of combined HAPs, and under the stated limits for other pollutants. | Sources above those levels submit a notice of intent and obtain an approval order before construction. The R307-401-10 category exemptions (small gas-fired equipment, small heaters, etc.) do not list engines or emergency generators, so backup generator fleets generally have to be evaluated against the small-source test or permitted. | Not stated | Utah Admin. Code R307-401-9 and R307-401-10 (Cornell LII) |
| Construction stormwater | UPDES Construction General Permit (UTRC00000) | Utah Division of Water Quality | Soil disturbance of an acre or more; smaller sites are covered if part of a common plan of development over an acre. | Prepare a site-specific SWPPP, submit an NOI through EPA's NeT online system, pay the fee and receive a UPDES ID. UTRC00000 is listed as effective July 1, 2024. Permit coverage is active one year and must be renewed annually. The NOI must be signed by the operator or owner. | Not stated | Utah DEQ construction stormwater page |
| Water supply | Water right (appropriation) from the State Engineer partly confirmed | Utah Division of Water Rights (State Engineer) | A person may acquire a right to use unappropriated public waters only as provided in Title 73 (Utah Code 73-3-1(1)); an appropriation must be for a useful and beneficial purpose. The State Engineer approves an application to appropriate if there is reason to believe there is unappropriated water in the source and the other 73-3-8 conditions are met. | File an application with the State Engineer, or acquire an existing right (or municipal supply) and file a change application. The text read here came from a third-party code mirror, not the legislature site. | Not stated | Utah Code Title 73 Chapter 3 (code mirror) |
| Utility and power siting | Large-scale electrical service contracts (S.B. 132, Utah Code Title 54 Chapter 26) | Utah Public Service Commission | A large-scale service request is for new service expected to reach 100 megawatts or more within five years of the requested start date, or an addition of 100 megawatts or more. | The customer submits a service request showing financial capability, and enters a large load contract with the utility or a large-scale generation provider; the contract must allocate large load incremental costs to the customer and require financial security. The PSC approves the contract if it finds the customer bears all incremental costs and existing ratepayers do not bear costs attributable to the customer. The act also creates a framework for closed private generation systems. | Not stated | S.B. 132 (2025), enrolled copy |
Rules and bills aimed at data centers
- S.B. 132 (2025 General Session), Electric Utility Amendments, effective May 7, 2025: creates the large-load service and private-generation framework for loads of 100 MW or more. Enrolled text read.
- The legislature's interim committee was reported in 2026 to be drafting a state definition of large-scale data centers; bill number and status not confirmed.
Not confirmed or varies by locality
- Local land use and conditional use approval by city or county not sourced.
- Utah sales and use tax exemption for qualifying enterprise data centers not confirmed from current statute.
- Wastewater and pretreatment rules, 401 and wetlands role, and whether backup generators have been permitted case by case were not confirmed from primary sources.
- Water right wording was confirmed only from a code mirror.
Checked 2026-11-05.
Virginia
A Virginia data center typically needs local land-use approval first (zoning, often a special exception or rezoning; facilities expecting 100 MW or more also owe a site assessment under a 2026 law), then DEQ air permitting if diesel generator fleets exceed the exemption limits, VESMP stormwater coverage for sites of one acre or more, and a utility connection under Dominion's large-load rate terms where applicable. Water and wastewater go through local utilities or DEQ permits depending on the design. Operators also pay a new state electricity consumption tax from July 1, 2026. Key gating items are local approval, the air permit for generator fleets, and the utility interconnection and rate class.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | Minor New Source Review air permit exemption (emergency engines/turbines) | Virginia DEQ | Under 9VAC5-80-1105 B.2, a minor NSR permit is not needed for engines and turbines that each run no more than 500 hours per year at a single stationary source and are used only during an emergency, for required maintenance, or for operability and emissions testing, if aggregate size stays under these limits: diesel engines under 1,675 hp (generators under 1,125 kW), gasoline engines under 910 hp (generators under 611 kW), and combustion gas turbines under 10,000,000 Btu per hour heat input. Fleets above these limits, or engines used for other purposes such as routine non-emergency operation, are not covered by this exemption. | An owner claiming the exemption must keep records that show to DEQ's satisfaction that the facility was exempt at the time a minor NSR permit would otherwise have been required. Fleets outside the exemption need a permit under the state's new source review rules; application contents and permit limits were not confirmed here. | Not stated | 9VAC5-80-1105 (permit exemptions), Virginia Administrative Code |
| Air (generators, turbines) | Major source definition and nonattainment significance rates | Virginia DEQ | 9VAC5-80-1110 defines a major stationary source as one that emits or has the potential to emit 100 tons or more per year of any regulated air pollutant. Its 'significant' emission-rate table is lower in ozone nonattainment areas classified serious or severe (NOx and VOC 25 tpy) than elsewhere (NOx and VOC 40 tpy). Which Virginia localities fall in those classes was not checked. | Estimate potential emissions, including any enforceable limits on generator hours, against these definitions to see whether major-source rules could apply. Whether and how Title V and major NSR then apply was not confirmed from this page. | Not stated | 9VAC5-80-1110 (definitions), Virginia Administrative Code |
| Construction stormwater | VESMP construction stormwater permit coverage | Virginia DEQ / local VESMP authority | Land disturbance of one acre or more (or smaller sites in a larger common plan reaching one acre). Inside Chesapeake Bay Preservation Areas the threshold is 2,500 sq ft. Localities may set stricter rules. Five acres or more is classed as large construction activity. | Obtain approval of erosion and sediment control and stormwater management plans from the local program (or DEQ), register for general permit coverage, and meet water quality and quantity criteria for the site. | Not stated | 9VAC25-875-70, Virginia Administrative Code |
| Wetlands and waters | Virginia Water Protection (VWP) permit / 401 certification | Virginia State Water Control Board (DEQ) | Excavating in a wetland, or draining, filling, flooding or otherwise significantly altering wetlands or state waters. A VWP permit serves as the Clean Water Act section 401 certification for federal 404 permits. | Apply for a VWP permit (with public comment) when impacting wetlands or streams; a delineation and avoidance/mitigation plan is normally part of this. Federal 404 permits from the Army Corps run separately. Localities cannot add duplicate wetland permit requirements. | Not stated | Va. Code 62.1-44.15:20 |
| Water supply | Groundwater withdrawal permit (management areas) | Virginia DEQ | Under 9VAC25-610-40, no one may withdraw groundwater within a declared groundwater management area without a groundwater withdrawal permit or an exclusion. Under 9VAC25-610-50, no permit is needed for withdrawals of less than 300,000 gallons per month, withdrawals in any area not declared a groundwater management area, temporary construction dewatering up to 24 months, or permit-excluded uses such as groundwater source heat pumps that reinject to the same aquifer. | If self-supplying at 300,000 gallons per month or more inside a management area, apply to DEQ for a withdrawal permit; no permit may be issued for more groundwater than can be applied to the proposed beneficial use. Otherwise arrange service from the local water utility. A 2026 law also reportedly requires data center water-use reporting (see dataCenterSpecific). | Not stated | 9VAC25-610-40 and 9VAC25-610-50, Virginia Administrative Code |
| Wastewater and cooling discharge | VPDES permit for discharges to state waters | Virginia DEQ | Under 9VAC25-31-50 A, except in compliance with a VPDES permit or another DEQ permit, it is unlawful to discharge sewage, industrial wastes, other wastes or noxious or deleterious substances into state waters. | A direct discharge (for example cooling blowdown) needs a VPDES permit or other DEQ permit coverage. Discharging to a public sewer is handled by the local sewer utility; its pretreatment requirements were not confirmed from this page. | Not stated | 9VAC25-31-50, Virginia Administrative Code |
| Utility and power siting | SCC certificate for utility facilities and 138 kV lines | State Corporation Commission | Under Va. Code 56-265.2, a public utility may not build, enlarge or acquire facilities for public utility service without an SCC certificate of public convenience and necessity, except ordinary extensions or improvements in the usual course of business. For 138 kV transmission lines the utility may instead obtain local approval under 15.2-2232 and local zoning. The SCC may allow certain electric generating facilities to be built without the usual limits if they will not materially harm rates or reliability. | Coordinate the interconnection and any new substation or line with the serving utility, which files for SCC or local approval where required. | Not stated | Va. Code 56-265.2 |
| Utility and power siting | Dominion GS-5 large-load rate class | State Corporation Commission | In its November 25, 2025 order in Dominion's biennial review, the SCC created a new GS-5 rate class for customers demanding 25 megawatts or more, effective January 1, 2027. The SCC release says certain large-scale customers must pay a minimum of 85% of contracted distribution and transmission demand, and 60% of generation demand. | Large customers should expect to contract under GS-5 terms. Which customers the minimums apply to, contract length, collateral and exit terms were not confirmed from the order itself. | Not stated | SCC news release, Nov 25, 2025 (Dominion biennial review) |
| Local land use and zoning | Site assessment for high energy use facilities | County/city government | Va. Code 15.2-2209.5 (2026 Acts chs. 567 and 568, HB 153 and SB 94) covers a 'high energy use facility': one the applicant reasonably expects to need 100 megawatts or more from a retail electric utility. Before approving a rezoning, special exception or special use permit for a new one, the locality must require a site assessment examining, to the extent practicable, sound impacts on homes and schools within 500 feet of the property boundary. The locality may also require review of effects on water resources, agriculture, parks, registered historic sites and forestland. It does not apply to an expansion of an approved site that does not add 100 MW or more. | Submit the site assessment with the rezoning, special exception or special use permit application. The retail utility must also submit, as far as known, a form describing serving substations and anticipated transmission voltage. The section does not limit local zoning authority or SCC authority; local zoning paths vary by locality. The page did not state an effective date. | Not stated | Va. Code 15.2-2209.5 |
| Local land use and zoning | Planning commission review of utility facilities | County/city planning commission | Under Va. Code 15.2-2232, once a comprehensive plan is adopted, a public utility facility generally cannot be built or authorized until the planning commission finds its general location, character and extent substantially in accord with the plan. Normal service extensions are excluded, as are certain underground gas or electric distribution facilities. | Submit the facility for commission review. If the commission does not act within 60 days of submission it is deemed approved, unless the governing body extends the time. The owner may appeal a decision to the governing body within 10 days. | 60 days (deemed approval default) | Va. Code 15.2-2232 |
| Incentives and conditions | Data center sales and use tax exemption | Virginia Department of Taxation / VEDP | Va. Code 58.1-609.3 subdivision 18 exempts equipment for a qualifying Virginia data center through June 30, 2035. It requires new capital investment of at least $150 million ($70 million for data centers that qualify for the reduced jobs requirement) and at least 50 new jobs paying at least 1.5 times the locality's prevailing average wage (10 jobs if the data center is in a distressed locality when the MOU is signed). Subdivision 19 extends it through June 30, 2040 for at least $35 billion of investment and 1,000 new full-time jobs, or through June 30, 2050 for at least $100 billion and 2,500 jobs (MOU on or after January 1, 2023). | Sign a memorandum of understanding with VEDP before claiming the exemption, meet the investment and job minimums, and file an annual report with VEDP. The code page was not checked against later 2026 amendments. | Not stated | Va. Code 58.1-609.3 |
| Incentives and conditions | Data center electricity consumption tax | State Corporation Commission / Virginia DEQ | Item 3-5.24 of the 2026 Appropriation Act (HB 30) imposes $0.011 per kWh on electricity consumed at each data center per month, on top of other taxes, for use on or after July 1, 2026 and before July 1, 2028. 'Data center' means a facility whose primary services are digital data storage, management and processing, with equipment for at least one megawatt of electrical power and cooling; internet access or communication service facilities are excluded. | The data center operator pays: the party responsible for the utility account on grid power, or the party responsible for self-supplied generation. The SCC collects monthly; utilities list the tax as a separate invoice line. Self-supplied operators remit to the SCC monthly and report usage quarterly to DEQ. Up to $600 million per fiscal year goes to the general fund; excess goes to a nonreverting fund for pro rata refunds beginning in fiscal years on or after July 1, 2027. | Not stated | 2026 Appropriation Act (HB 30, Chapter 1) Item 3-5.24 |
Rules and bills aimed at data centers
- Va. Code 15.2-2209.5 (2026 Acts chs. 567 and 568, HB 153 and SB 94): site assessment, including sound analysis, for new facilities expected to need 100 MW or more, before rezoning, special exception or special use permit approval. Earlier version of this record mis-cited it as 15.2-2209.4, which is a parking statute.
- 2026 HB 496: reported as reporting and disclosure of data center water use, including reclaimed water (amends Va. Code 62.1-44.38); LIS bill page could not be read, so status is unconfirmed.
- 2026 HB 323: reported as a study of beneficial uses for data center waste heat; not a permit requirement; LIS page could not be read.
- 2026-2028 budget Item 3-5.24: $0.011 per kWh electricity consumption tax on data center operators for use from July 1, 2026 to before July 1, 2028; $600 million per year general-fund cap.
- SCC Nov 25, 2025 order (PUR-2025-00058): new GS-5 rate class for 25 MW+ customers effective January 1, 2027 (per SCC news release).
- Pending/proposal level: some legislators plan to revisit repealing the sales tax exemption as early as 2027 (law-firm report, not a primary source).
Not confirmed or varies by locality
- Which Northern Virginia localities fall in serious/severe ozone nonattainment, and how Title V and major NSR then apply, were not confirmed.
- The status of any DEQ general permit for emergency generators and a DEQ proposed variance to 9VAC5-80-1110 C on data center grid-emergency generator operation were not confirmed.
- Groundwater management area boundaries (declaring regulation) were not checked.
- DEQ and SCC processing timelines were not found in primary sources.
- GS-5 contract length, collateral and exit terms, and exactly which customers the 85%/60% minimums apply to, were not confirmed; the SCC order PDFs are scanned images the fetch tool could not read.
- Local zoning paths and any local moratoria or ordinances vary by county and were not researched.
- VPDES general permit options and local sewer pretreatment requirements were not confirmed.
- Effective date of 15.2-2209.5 and the status of HB 496 and HB 323 were not confirmed.
- No building-code or environmental-review (state NEPA-like) items were added because no primary source was opened for them.
Checked 2026-11-05.
Vermont
In Vermont a data center project typically needs an Act 250 land use permit if it meets the commercial thresholds (10 acres in towns with full zoning and subdivision bylaws, 1 acre elsewhere), an operational stormwater permit from DEC once impervious surface reaches the stated thresholds, and a Public Utility Commission Section 248 certificate if it builds its own generation, storage or transmission that is not solely for on-site use. A comprehensive 2026 data center bill (H.727, 20 MW threshold) was vetoed on May 28, 2026; the sources read do not confirm it became law.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Construction stormwater | Operational stormwater permit (General Permit 3-9050) | Vermont DEC, Watershed Management Division, Stormwater Program | DEC states coverage is generally needed for new development or redevelopment of one-half acre or more of impervious surface (subject to transition exemptions in GP 3-9050 section 1.5(H)); expansion where the total resulting impervious surface is one acre or more; and impervious surfaces of three or more acres. | A large data center campus will usually exceed these thresholds and need a stormwater permit designed to DEC standards. A separate construction general permit applies to earth disturbance; its one-acre trigger was reported in search results but not confirmed on an opened page. | Not stated | Vermont DEC Operational Stormwater Permitting |
| Utility and power siting | Public Utility Commission certificate of public good (30 V.S.A. section 248) partly confirmed | Vermont Public Utility Commission | No one may begin site preparation or construction of an in-state electric generation, energy storage or transmission facility without a certificate, with exceptions that include like-for-like replacement and facilities operated solely for the owner's on-site use, and federally licensed hydro. An energy storage facility of 100 kW or greater needs a certificate unless the Commission sets a larger threshold by rule. | A data center that builds generation or storage that is not solely for its own on-site use, or a new transmission facility to serve it, must obtain a certificate that the project promotes the general good of the State. Proposals must also be provided to the municipal planning commission at least 45 days before filing. The section sets no overall decision deadline for standard generation or transmission certificates. | Not stated | 30 V.S.A. 248 |
| Local land use and zoning | Act 250 land use permit | Vermont Land Use Review Board and District Commissions; Act 250 district coordinators | For a commercial development, the threshold is a parcel or parcels of 10 acres or greater in 10-acre municipalities (towns with the required zoning and subdivision bylaws), and 1 acre in 1-acre municipalities. The Land Use Review Board keeps a list of which towns are which; a district coordinator's written jurisdictional opinion controls. | Ask the district coordinator for a jurisdictional opinion, then file an Act 250 application where jurisdiction applies. The page read does not describe review criteria or a timeline. Local zoning and municipal permits are separate and still apply. | Not stated | Vermont Act 250 website |
Rules and bills aimed at data centers
- H.727 (2026): per the Office of Legislative Counsel summary, the bill would have defined a data center as a facility using or able to use 20 MW or more, required service under a PUC-approved large load service equity contract protecting other ratepayers, required an Act 250 permit without exception, required closed-loop cooling (or an approved alternative), required all applicable water permits, and added PFAS monitoring and reporting. The Governor vetoed it on May 28, 2026, and the summary says the General Assembly could reconsider before adjournment.
- Override status: a search result reported that a House override vote on May 29, 2026 failed (83-52, 90 needed), but a VNRC release dated May 29 said the bill may return for a veto session. The sources opened do not settle whether the bill became law; treat H.727 as not enacted unless the Legislature's bill page shows otherwise.
- Search results (pages not opened) referred to S.205, a proposed pause on large AI data center construction; its status was not confirmed.
Not confirmed or varies by locality
- Air permitting (ANR Air Pollution Control Division registration and permit thresholds, emergency generator treatment) was not confirmed from an opened source.
- Water supply and wastewater (groundwater or surface water withdrawal permits, indirect discharge or wastewater system permits), the construction general permit trigger, and Section 401 and wetlands roles were not sourced.
- Final outcome of the H.727 veto and any 2027 follow-up bill should be checked at legislature.vermont.gov.
- Whether a data center is classed as commercial for Act 250 purposes in a given town, and the town's 1-acre or 10-acre status, must be confirmed with the district coordinator.
Checked 2026-11-05.
Washington
Washington data centers with large backup generator fleets generally need a notice of construction and order of approval for air emissions, a construction stormwater permit, a water right (or a municipal supply), and a SEPA review for most nonexempt projects. The sales tax exemption for data center servers was sharply cut back in 2026.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | Notice of construction and order of approval (new source review) | Washington Department of Ecology (or local clean air agency) | WAC 173-400-110 requires a notice of construction application and an order of approval before establishing a new source or modification, unless exempt. Exempt categories include stationary emergency internal combustion engines of 500 brake horsepower or less in aggregate, and units with potential emissions below the Table 110(5) levels. | Data centers with larger generator fleets file an NOC; Ecology issues an order of approval with emission limits. Ecology staff reports for Quincy data centers have applied the exemption levels and federal engine standards (reported by Ecology search results; not individually opened). | Not stated | WAC 173-400-110 |
| Construction stormwater | Construction Stormwater General Permit | Washington Department of Ecology | Land disturbance of one acre or more (whole project, including related off-site disturbance) with stormwater that could reach surface waters; smaller sites if part of a larger common plan, or if Ecology finds them significant pollutant contributors. | Submit an NOI through the WQWebPortal (SAW account) at least 60 days before discharging stormwater for standard coverage; Ecology aims to issue coverage about 45 days after a complete application. Current permit effective Jan. 1, 2026 through Dec. 31, 2030. | Apply at least 60 days before discharge; Ecology aims for coverage about 45 days after a complete application. | Ecology construction stormwater permit page |
| Water supply | Surface water right permit | Washington Department of Ecology | RCW 90.03.250: applicants shall apply to the department for a permit to appropriate public surface waters and may not use or divert the water until the permit is received. | Apply for a permit, or obtain supply from an existing right holder or municipality (not sourced here). | Not stated | RCW 90.03.250 |
| Water supply | Groundwater withdrawal permit | Washington Department of Ecology | RCW 90.44.050: no withdrawal of public groundwater may begin until an application is made and a permit granted. Exempt: small uses including domestic or industrial use not exceeding 5,000 gallons a day. | A data center withdrawing above the exemption level needs a groundwater permit. Cooling demand of large facilities will typically exceed 5,000 gallons a day, which is an inference, not a stated rule. | Not stated | RCW 90.44.050 |
| Utility and power siting | EFSEC site certification for large energy facilities partly confirmed | Energy Facility Site Evaluation Council | RCW 80.50.020 includes nonnuclear stationary thermal power plants of 350,000 kW (350 MW) or more, and certain transmission lines of at least 115,000 volts connecting listed facilities to the grid, within the council's jurisdiction. | On-site gas generation below 350 MW falls outside this definition; local permitting would apply instead. The text read did not address data centers. | Not stated | RCW 80.50.020 |
| Environmental review | SEPA review (threshold determination) | Local lead agency (city or county); Ecology oversees rules | Proposals not categorically exempt need SEPA review. Under WAC 197-11-800 the base exemption for a nonresidential building is 4,000 square feet with parking for 20 vehicles; local governments may raise the levels to a maximum of 30,000 sq ft and 90 spaces in urban growth areas of fully planning counties, or 12,000 sq ft and 40 spaces elsewhere. | A data center will exceed those exemption sizes, so expect an environmental checklist and a threshold determination by the lead agency, possibly an EIS. An NOI for stormwater coverage is incomplete until the SEPA decision is final (per Ecology search results, not opened). | Not stated | WAC 197-11-800 |
| Incentives and conditions | Data center sales and use tax exemption (RCW 82.08.986) as amended by SB 6231 (2026) partly confirmed | Washington Department of Revenue | Per Grant Thornton, S.B. 6231 (Ch. 266, Laws 2026) ends the exemption for data centers qualifying through refurbishment effective July 1, 2026 and removes replacement server equipment from eligible equipment. | The pre-2026 exemption required an exemption certificate and family wage job creation. The exact enacted terms for new rural data centers were not confirmed; the substitute bill text read would end new certificates on July 1, 2026, which may have been amended. | Not stated | Grant Thornton alert (July 2026) |
Rules and bills aimed at data centers
- S.B. 6231 (Ch. 266, Laws 2026): rolls back the data center sales and use tax exemption (refurbishment-based exemptions end July 1, 2026; replacement equipment removed), per Grant Thornton. Final enrolled text not read.
- Ecology has issued notice of construction approvals for emergency generators at Quincy data centers (CyrusOne, Sabey, H5, Microsoft), per Ecology search listings; individual orders not read.
Not confirmed or varies by locality
- Wastewater discharge and industrial pretreatment, 401/wetlands, and Shoreline Management Act permits not sourced.
- Local land use under the Growth Management Act (zoning, conditional use) not sourced.
- Air NOC processing times and Ecology's treatment of fleets above the exemption level not confirmed from rule text.
- Utility large-load rules at the UTC or public utility districts not confirmed.
- Exact final terms of the 2026 data center tax exemption changes not confirmed.
Checked 2026-11-05.
Wisconsin
A new Wisconsin data center typically needs DNR construction stormwater coverage (one acre or more), DNR approval of any high capacity well (over 100,000 gallons per day), an air permit or documented exemption for backup generators, and a utility arrangement under PSC-regulated very large customer tariffs. Large projects have also gone through DNR environmental review under the Wisconsin Environmental Policy Act, as shown by the Port Washington project file. The state sales and use tax exemption is administered by WEDC with county-population-based investment minimums.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | DNR air construction and operation permits (NR 406 / NR 407) | Wisconsin Department of Natural Resources (DNR), Air Management | DNR's exemption page lists an exemption for emergency generators that are restricted use reciprocating internal combustion engines with total electric output under 3,000 kW (NR 406.04(1)(w)). The page does not state an hours limit or fuel condition. | Equipment not meeting an exemption needs an air permit. For a data center project, DNR issued minor source construction permit 25-MIN-094 and an initial operation permit for 45 diesel-fired emergency generators at the Port Washington site on June 12, 2026, after a public comment period (March 3 to April 14, 2026) and a public hearing. | Not stated | DNR Port Washington data center project page; exemption wording from DNR air permit exemptions page https://dnr.wisconsin.gov/topic/SmallBusiness/Exemptions.html |
| Construction stormwater | Construction site stormwater general permit (WPDES WI-S067831-6) | DNR (or an authorized municipality) | Projects that disturb one acre or more through clearing, grading, excavating or stockpiling fill. Total acreage of a phased project counts. | Submit a Notice of Intent to DNR at least 14 working days before construction starts, with an erosion control and storm water management plan, weekly inspections, and a Notice of Termination at completion. Fees since January 1, 2023: $250 (1 to under 2 acres), $350 (2 to under 5), $550 (5 to under 25), $800 (25 or more). Separate waterway or wetland permits may be needed near wetlands or streams. | Notice of Intent at least 14 working days before construction starts. | DNR construction site storm water permit overview |
| Water supply | High capacity well approval; Great Lakes Basin water use permit | DNR, Water Use Program | A well that can withdraw more than 100,000 gallons per day (alone or combined with other wells on the same property) needs prior DNR approval before construction or operation (NR 812.09(4)). In the Great Lakes Basin, withdrawals averaging 100,000 gallons per day or more in any 30-day period need a Water Use General Permit; 1,000,000 gallons per day for 30 consecutive days needs an Individual Permit. | Apply to DNR for high capacity well approval; Basin properties also obtain a water use permit before withdrawing. DNR states there are no Water Use Permit application fees. Municipal water supply is the alternative route; the Port Washington page lists the city submitting water main plans. | Not stated | DNR high capacity wells page; DNR water use permits page https://dnr.wisconsin.gov/topic/WaterUse/permits.html |
| Utility and power siting | PSC very large customer tariff (We Energies) partly confirmed | Public Service Commission of Wisconsin | On April 24, 2026 the PSC modified We Energies' very large customer tariff, lowering the threshold from 500 MW to 100 MW and making it mandatory above that size, per Clean Wisconsin's description of the PSC press release. | The order removed We Energies' option to allocate 25% of power generation asset costs to other customers and added reporting to help ensure other customers do not subsidize data centers. Other utilities (Alliant, Xcel, MGE) have separate filings that were not verified. Read the PSC order before relying on terms. | Not stated | Clean Wisconsin summary of PSC April 24, 2026 decision (advocacy group, secondary source) |
| Environmental review | Wisconsin Environmental Policy Act (WEPA) review of DNR actions partly confirmed | DNR | Wisconsin's state environmental policy act (WEPA) was applied to DNR actions on a data center project. The DNR Port Washington project page shows an Environmental Analysis Summary (December 9, 2025), a WEPA Compliance Determination (December 11, 2025) and a supplemental report (June 12, 2026) for a data center. The page does not state what criteria triggered the review. | Expect DNR environmental review documents to accompany major DNR permits for a large project. This is an observation from one project, not a general rule statement. | Not stated | DNR Port Washington data center project page |
| Incentives and conditions | Data center sales and use tax exemption (WEDC) | Wisconsin Economic Development Corporation (WEDC) | Buildings constructed or rehabilitated to house networked servers. Planned investment over five years of at least $150 million in a county above 100,000 population, $100 million in a county of 50,000 to 100,000, or $50 million in a county of 50,000 or less. | Apply to WEDC, which reviews qualified investment and eligible costs. Certification requirements and recapture terms are in WEDC's program guidelines, which could not be read. | Not stated | WEDC program page |
Rules and bills aimed at data centers
- Reported by news/search results (not opened): 2025 bills AB 722 / SB 729 would add requirements for large-scale data centers and quarterly reporting; final status unverified.
- PSC modified We Energies' very large customer tariff on April 24, 2026 (via Clean Wisconsin summary).
Not confirmed or varies by locality
- Recapture/revocation terms of the tax exemption and the controlling statute text were not read.
- Alliant, Xcel and MGE large load tariff filings and the rehearing outcome on We Energies were not verified.
- Wetland permit thresholds, wastewater / WPDES discharge and pretreatment not researched.
- Local zoning, city annexation and sewer service area amendments vary by project.
Checked 2026-11-05.
West Virginia
West Virginia's 2025 Power Generation and Consumption Act (HB 2014) lets a data center with at least 90 MW of critical IT load seek certification as a high-impact data center, which removes county and municipal zoning, noise, lighting, land-use and building permitting and creates special state tax valuation. Environmental permits still apply: air construction permits under 45CSR13, construction stormwater coverage for sites of one acre or more, and water-use reporting at 300,000 gallons.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | 45CSR13 construction permit (individual or general permit) partly confirmed | WV DEP Division of Air Quality | A stationary source with potential to discharge above 6 lb/hr and 10 tons per year of a regulated pollutant (or 144 lb/day), or 2 lb/hr or 5 tons per year of hazardous air pollutants, falls within the Rule 13 definitions of stationary source and modification; units at or below the Table 45-13B criteria are excluded. | A generator fleet at a data center can exceed these potential-to-emit levels and need a Rule 13 permit; DEP also issues general permits for emergency generators, whose current terms were not opened. Only the definitions section (45-13-2) was read, not the permit-requirement section. | Not stated | W. Va. CSR 45-13-2 (Cornell LII) |
| Construction stormwater | Construction Stormwater General Permit WV0115924 | WV DEP Division of Water and Waste Management | Construction activities with earth-disturbance of one acre or more. | Coverage under the NPDES general permit (issued March 6, 2024, effective April 6, 2024, expires April 5, 2029) with a stormwater pollution prevention plan. Registration steps and fees were not confirmed from the page opened. | Not stated | WV DEP stormwater program page |
| Water supply | Water withdrawal reporting (large quantity user) partly confirmed | WV DEP | Withdrawals of 300,000 gallons or more in any 30-day period from surface or groundwater sources (reporting threshold effective January 1, 2015). | Annual user certification with monthly withdrawal totals through DEP's online system. The page opened covers reporting only and does not say whether a withdrawal permit is required. | Not stated | WV DEP water use page |
| Utility and power siting | Certified microgrid district and special PSC contract | Department of Commerce; Public Service Commission | Certified microgrid district: no greater than 2,250 acres and nearly contiguous; the Secretary may certify no more than two districts, a cap that does not apply where more than 70 percent of electricity generated in the district is or will be consumed by high-impact data centers (section 5B-2-21). | Applicants must negotiate in good faith with the local distribution utility for at least 120 days before filing (not required for projects of 300 MW or more or those not connecting to the local utility). After a failed negotiation the customer may petition the PSC, which must establish a special contract within 90 days. Electric providers within a certified microgrid district are not subject to PSC jurisdiction over rates, certificates of convenience and necessity, service conditions or complaints under chapter 24. | 120 days of negotiation, then PSC special contract within 90 days of filing. | HB 2014 (2025) enrolled text |
| Local land use and zoning | High-impact data center certification (local preemption) | West Virginia Department of Commerce / Division of Economic Development | Data center with critical IT load of 90 MW or more in the aggregate, placed into service on or after July 1, 2025 (HB 2014, 2025, enrolled; section 11-6N-2(b)(6)). | Notify the Division of Economic Development within 30 days of meeting (or reasonably anticipating meeting) the definition; the Secretary of Commerce confirms certification within 14 days. A certified data center is not subject to county or municipal zoning, noise, lighting or land-use rules, or to county or municipal building permitting, inspection or code enforcement (section 5B-2-21b(d)). It must still pay local business and occupation, sales and use, and property taxes at the same millage rates as other businesses and utility charges. Below 90 MW the normal local process applies. | Certification confirmed within 14 days of notice, per the enrolled bill. | HB 2014 (2025) enrolled text |
| Incentives and conditions | Special valuation of high-impact data center property | Board of Public Works | Property of a certified high-impact data center (article 11-6N). | The owner files an annual return with the Board of Public Works by May 1 instead of county assessment. The tax increment is split: 50 percent to the Personal Income Tax Reduction Fund, 30 percent to the situs county, 10 percent to all counties per capita, 5 percent to the Economic Enhancement Grant Fund and 5 percent to the Electric Grid Stabilization and Security Fund. PILOT and TIF are prohibited for covered property. The article expires December 31, 2055. | Not stated | HB 2014 (2025) enrolled text |
Rules and bills aimed at data centers
- HB 2014 (2025), Power Generation and Consumption Act: 90 MW critical IT load threshold, local preemption, special valuation, microgrid districts (enrolled text read; passed April 12, 2025, effective 90 days after passage).
- Reported by WTAP (August 2026): certification does not exempt a project from other environmental, health or safety laws, HB 2014 does not require water-efficient cooling, and DEP wastewater discharge limits apply to data centers as to other large industrial users.
- Reported by West Virginia Watch / news (2026): bills on data center water use (HB 4683, HB 4832, HB 5590) were introduced in the 2026 session; HB 5590 is listed as dead by a tracker and no passage of the others was found.
Not confirmed or varies by locality
- PSC approval for grid service from a regulated utility outside a microgrid district was not researched.
- Air general permit terms for emergency engines, wastewater (NPDES/pretreatment) and 401 certification were not confirmed from primary pages.
- Whether a water withdrawal permit is required beyond reporting was not confirmed.
Checked 2026-11-05.
Wyoming
Wyoming requires a DEQ air construction permit with no de minimis exemption, a State Engineer permit before drilling a groundwater well, and construction stormwater coverage. The Industrial Siting Act applies only to facilities above an inflation-adjusted construction cost threshold (roughly $231 million per a 2022 legislative memo, reported as $290.7 million for 2026), and news reports describe an exemption for non-mineral facilities in designated industrial or business parks. Local zoning and utility arrangements still apply.
| Area | Approval | Who | When it applies | What it takes | Timeline | Source |
|---|---|---|---|---|---|---|
| Air (generators, turbines) | Air quality construction permit (New Source Review) | Wyoming DEQ Air Quality Division | WAQSR Chapter 6, Section 2(a)(i): a construction permit is required before construction or modification that may increase air contaminant emissions. DEQ states the rules include no de minimis emission levels below which projects are exempt. | Even a backup generator fleet needs a construction permit (DEQ has proposed approvals for gas-fired emergency engines for data center projects, per Cowboy State Daily). After the Administrator proposes a decision there is a 30-day public comment period. | 30-day public comment period after a proposed decision; overall processing time not stated. | Wyoming DEQ New Source Review page |
| Construction stormwater | Large or Small Construction General Permit | Wyoming DEQ Water Quality Division (WYPDES) | Large permit: construction disturbing 5 or more acres (or part of a larger plan reaching 5 acres). Small permit: at least 1 acre but less than 5 acres. | Large permit: submit a Notice of Intent, a Stormwater Pollution Prevention Plan, the fee and an access map. Small permit: a no-application permit; coverage follows from complying with its provisions, with an erosivity waiver option. | Not stated | Wyoming DEQ construction general permit page |
| Water supply | State Engineer groundwater permit | Wyoming State Engineer's Office, Ground Water Division | Any new well or spring development for groundwater use: an approved permit is required before drilling or spring development begins. Springs over 25 gpm or used beyond domestic or stock go through the Surface Water Division. | File Form U.W. 5 with the fee ($75 for industrial or municipal uses), wait for approval (public notice in groundwater control areas), use licensed drillers, then file the statement of completion (U.W. 6) within 30 days and proof of beneficial use (U.W. 8). Buying water from a city or utility is a separate local arrangement not covered here. | Not stated | Wyoming State Engineer's Office, General Processes |
| Utility and power siting | Industrial Siting Act permit (cost-threshold based) partly confirmed | Wyoming DEQ Industrial Siting Division / Industrial Siting Council | An industrial facility with an estimated construction cost at or above the statutory threshold, which the Council adjusts by construction-cost indices (base $96 million; about $231 million per a 2022 Legislative Service Office memo; a 2026 news report of DEQ's explanation gives $290.7 million). Applicants must first seek a certificate of insufficient jurisdiction unless cost is below 80 percent of the threshold. | A permit from the Industrial Siting Council before construction, with a certificate of insufficient jurisdiction decided within 30 days, a hearing scheduled within 90 days of the application and a decision within 45 days of the hearing (per the 2022 memo; statute may have changed). Many data centers fall under the threshold or are reported to be exempt in an industrial park, so confirm applicability with the Industrial Siting Division. | Per the 2022 LSO memo: certificate of insufficient jurisdiction within 30 days; hearing within 90 days of application; decision within 45 days after hearing. | Wyoming Legislative Service Office memo (2022) |
| Local land use and zoning | Industrial or business park exemption and local approvals partly confirmed | City or county; DEQ Industrial Siting Division | Reported by Cowboy State Daily (July 2026): certain non-mineral processing facilities built in existing industrial or business parks designated by local governments are exempt from the Industrial Siting Act fee and certification procedures but must still furnish certain information to the state. | Siting inside a designated park may avoid the Council process, but zoning, annexation and utility service are decided locally. DEQ staff said in a 2026 report that not needing the siting permit does not mean no permit is needed. Statute text was not opened. | Not stated | Cowboy State Daily (news) |
Rules and bills aimed at data centers
- Executive Order 2026-03 (Governor Gordon, signed June 3, 2026, 'Data Centers the Wyoming Way'): described by Trinity Consultants as a statement of expectations, not a new permitting program; it says state agencies will ensure incremental infrastructure costs are borne by those creating demand and does not change air rules.
- Reported by news (Cowboy State Daily, June 2026; Black Hills and Rocky Mountain Power coverage): Black Hills Energy serves large data center loads under its Large Power Contract Service tariff; a 2025 Rocky Mountain Power settlement reportedly has very large new loads share network upgrade costs. Primary tariff and order text was not opened.
- Reported by news (Cowboy State Daily, 2026): a guest column and others argue the Legislature should revisit the industrial park exemption; an interim committee has studied industrial siting impact payments.
Not confirmed or varies by locality
- Current statutory text of the Industrial Siting Act cost threshold and the industrial park exemption was not opened; figures differ between the 2022 memo and 2026 news.
- PSC approvals (utility tariffs, special contracts, transmission CPCN), wastewater and 401/wetlands, and county zoning rules were not confirmed from primary sources.
- Wyoming sales tax exemption for data centers was not researched.
Checked 2026-11-05.