Local governments across the United States are imposing moratoria on data centers, solar farms, wind turbines, and battery storage facilities even as demand for these uses accelerates. As of February 2026, at least 116 communities across 30 states have enacted such moratoria, with more than half adopted in the past year.

Available on SSRN: Moratorium Nation

Overview

This paper surveys the legal foundations of moratorium authority, collects and analyzes 116 moratoria identified from approximately 8,800 original documents, contextualizes the results through a 50-state review of moratorium legal authority, and proposes a 13-section model ordinance template with sector-specific supplements for data centers, solar, wind, and battery storage.

Key Findings

Metric	Value
Moratoria Identified	116
States Represented	30
Original Documents Reviewed	~8,800
Moratorium Texts Analyzed	98
Lacking Definition of Regulated Use	56%
No Exemptions Included	79%
Contain Legislative Findings	Fewer than 1 in 5

Topics Covered

Legal foundations of moratorium authority across all 50 states
Empirical analysis of 116 moratoria targeting data centers, solar, wind, and battery storage
Common drafting gaps in moratorium ordinances
A 13-section model ordinance template with sector-specific supplements
The tension between local infrastructure regulation and accelerating demand

Audience

The paper is written for both researchers interested in the empirics of local infrastructure regulation and practitioners — county attorneys, planning directors, local officials — who need to develop a basic understanding of moratorium law and drafting before engaging local counsel.