Plain-English framing. Seattle's threshold is 20 MVA (megavolt-amperes), which is functionally similar to 20 MW for data center loads — both round to the same 'roughly 20 megawatts of incoming utility service' floor. The moratorium pauses any permit acceptance, processing, or approval at the city level for facilities above that floor. Like Charlotte, Seattle exempts projects with 'substantial expenditures already made' before the effective date, which is the legal hook that Digital Realty's May 29 filing tries to grab. The Digital Realty site is the old Bed Bath & Beyond store at 301 Virginia Street, six blocks south of the Space Needle. The proposed building is six stories: four floors of data center space stacked above ground-floor retail and a couple of floors of office / R&D labs. This is unusual — most modern hyperscale data centers are single-story low-rise on greenfield, not multi-story urban infill — and it suggests Digital Realty is targeting smaller-MW colocation tenants (banks, financial-services firms, latency-sensitive AI inference) rather than hyperscale training workloads. The filing timing is the story. Digital Realty filed on May 29; the moratorium vote was June 4. Five business days. The likely play is to establish 'submitted-permit' status before the freeze, then argue under Washington's vested-rights doctrine (RCW 19.27.095) that the application crystallizes the regulatory rules in effect at submission time, immunizing the project from the moratorium's substantive provisions. Seattle's permit office can still slow-walk processing — the moratorium pauses *approval*, and vested rights protect the rules but not the calendar.
Primary source · KOMO / MLQ Infrastructure / Seattle DCI ↗
Why it matters
This is the operational template for the 'racing the moratorium' pattern that's about to repeat in every jurisdiction that telegraphs a freeze. Two product implications. (1) Cliff's moratorium tracker needs a 'permit-filing surge window' indicator — when a city introduces a moratorium ordinance, monitor the local permit office's intake queue for the next 60 days and flag any application above the threshold as a likely vested-rights play. That's a useful signal both to developers (you're not alone, hurry up) and to community groups (here's what got grandfathered in). (2) The vested-rights doctrine itself varies state by state — Washington's is statutory and developer-friendly; California's is doctrinal and weaker; Texas's is somewhere in between. The siting tool should score 'vested-rights strength' as a state-level dimension because in a moratorium environment it determines whether a permit application is worth filing at all.
Related filings
Hood County / rescinded / $100M lawsuit / Dillon's Rule / first reversal in US
Plain-English framing. Hood County sits about an hour southwest of Fort Worth, on Lake Granbury. It's a rural county with a small planning staff and limited industrial base. The county was the first in Texas to enact a data-center moratorium — passed quietly...
Texas Tribune / KRGV / Salon ↗
Project Kilby / Microsoft + Chevron 2.67 GW behind-the-meter / Pecos TX Permian Basin / 20-yr PPA / $7B+ capex / FID YE 2026 / first power 2028 / OFF-grid (bypasses ERCOT)
Plain-English version of what Project Kilby is. Microsoft and Chevron jointly announced on June 22 that they are co-developing a roughly 2.67 gigawatt natural gas power plant in the Permian Basin near Pecos, Texas (about 200 miles east of El Paso), paired...
Hill County TX / moratorium rescinded / RCM Hill $100M suit / disclosure checklist
Plain-English framing. There are two kinds of local government in the U.S. — home-rule (broad authority to legislate locally unless state law specifically forbids it) and Dillon's-rule (only the powers state law expressly grants). Texas counties are...
Texas Tribune / KWTX / KERA News ↗
NC / HB 1004
WRAL and Data Center Knowledge confirm North Carolina lawmakers have moved HB 1004, the Ratepayer and Resource Protection Act, into the 2025-2026 General Assembly. Filed April 27, 2026. Threshold: facilities with peak electricity demand of ≥40 MW...