Plain-English framing. The May 24 newsletter flagged that the moratorium playbook had bifurcated into three templates (pre-emptive total ban / square-footage carve-out / megawatt carve-out). This week added two more templates, both useful to name explicitly because they keep showing up. Template 4 — REGULATE-INSTEAD-OF-BAN (Little Rock). The political dynamic in Little Rock was strong opposition to a specific named project (the $1B Google-backed proposal) but a council that chose to write better zoning rules instead of freezing all development. The ordinance route is materially friendlier to developers in the long run than the moratorium route because it sets known, durable rules instead of a 6-12 month uncertainty window. Cities with active LD interest in data-center revenue but vocal community opposition will likely copy this. Template 5 — AUTHORITY-DOESN'T-RUN (Brown County). A countywide moratorium fails because in many states (WI being one), counties don't have direct zoning authority over the municipalities inside them — the cities and towns do. Brown County's planning committee correctly noted that a countywide pause is largely symbolic; the binding venue is each constituent municipality. This is a useful clarifying signal because it tells developers exactly where to focus political-relations spend: not the county board, but the specific town or city council that owns the zoning map. The Scarborough action is a clean Template 1 (pre-emptive moratorium with retroactive effective date — the retroactive April 1 is the part to flag, because it explicitly catches in-flight applications, not just future ones). Chesterfield VA is a court-validates-denial case: the project was already denied; this week's news is that the procedural appeal failed and the denial holds. Sources: Press Herald 'Scarborough Town Council approves data center moratorium' (June 3); Arkansas Advocate 'Arkansas' largest city approves new data center ordinance' (June 3); Daily Reporter 'Brown County drops data center moratorium proposal' (June 3); WisBusiness 'Brown County proposal on pausing data centers going before local committee'; WTVR 'Chesterfield Zoning Appeals Board denies appeal over proposed data center campus near I-95'; Stop Data Centers in Your County (floridadatacenters.org / datacenterbans.com aggregators); Governing 'Voters Deliver a First-of-Its-Kind Rejection of Data Centers' (Monterey Park 86% ban vote).
Primary source · Press Herald / Arkansas Advocate / Daily Reporter / WTVR ↗
Why it matters
Three implications for the jurisdictions data model. (1) Add two more enums to moratorium_template: regulate_instead_of_ban (Little Rock template — no pause, new ordinance issued) and county_lacks_authority (Brown County template — symbolic county-level action, real zoning at the municipality below). Both have very different developer implications than the original three templates. (2) Track 'retroactive effective date' as a separate field — Scarborough's retroactive-to-April-1 clause is the kind of detail that determines whether in-flight applications are caught or grandfathered, and missing it materially changes a project's go/no-go. (3) The Monterey Park 86%-yes voter ban (cited in the Governing piece) is the new high-water mark for ballot-driven bans — and California's initiative process makes that template portable in a way that council-driven templates aren't. For the longer-term jurisdictions roadmap, flag any city with an active anti-data-center grassroots organization in a ballot-initiative state (CA, WA, OR, MI, OH, MA) as a higher-probability ballot-ban risk than its current council posture would suggest. The Little Rock 'ordinance over ban' template is good news structurally for developers — it suggests cities CAN settle on durable rules under political pressure, which is the long-run outcome the industry needs.
Related filings
Data Center Watch Q1 2026 report $130B blocked/delayed 3 months matches all 2025 / 75+ projects across 49 states / 833 active opposition groups 2.1x from 396 Dec 2025 / 69+ local government bans by May 2026 / 70% Americans oppose nearby DC up from ~50% late 2025 20pp shift 6 months / Seattle 1-year pause 5 projects / WFYI Jul 6 Indiana investigation / 11 counties ordinances / 17+ counties moratoriums / Marshall + Cass permanent bans / ~1/3 of 92 IN counties restrict / state vs local direction divergence IN PA WI
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