No U.S. state has a complete data center ban, but several propose moratoriums

As of September 16, 2026, no U.S. state has implemented a complete ban on data centers, though New York is the only state with a statewide one-year moratorium on hyperscale data centers. This moratorium was signed into law by Governor Kathy Hochul in July 2026. Despite this, 16 states have introduced legislation to either ban or temporarily pause data center construction. These include both Democratic and Republican states, such as Delaware, South Dakota, and South Carolina. Most of these bills propose moratoriums lasting until 2027 or later, with some tied to specific conditions or reports. For instance, Delaware’s SB 353 would impose a moratorium until January 2027, while Minnesota’s bills require a comprehensive report before any permits can be issued. Many of these proposals have yet to pass, highlighting the ongoing debate over data center regulation in the U.S.