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Public Notice: Draft Data Center Ordinance

Please note this is a draft only.  It has not been approved by the Town Board

TOWN OF BEAR BLUFF, JACKSON COUNTY, WISCONSIN

ORDINANCE NO. __26-1_____

 

AN INTERIM ZONING ORDINANCE ESTABLISHING A TEMPORARY PROHIBITION ON THE DEVELOPMENT OF DATA CENTERS PENDING THE ADOPTION OF COMPREHENSIVE ZONING REGULATIONS

Section 1. Authority

This Ordinance is adopted pursuant to the authority granted under Wis. Stat. § 62.23(7)(da), as made applicable to unzoned towns, together with the Town's general ordinance powers under Wisconsin law.

Section 2. Purpose and Findings

The Town Board finds and declares the following:

  1. The Town currently does not have a comprehensive zoning ordinance regulating the location and development of data centers.
  2. Data centers represent unique and intensive land use that may significantly affect land use planning, transportation infrastructure, electric utility demand, groundwater resources, emergency services, public health and safety, noise, environmental quality, and neighboring properties.
  3. Recent advances in artificial intelligence have substantially increased demand for large-scale data center development, creating development pressures that were not previously anticipated.
  4. The Town requires additional time to study the impacts of data center development, obtain public input, consult with planning and engineering professionals, and prepare and adopt comprehensive zoning regulations addressing such facilities.
  5. Approval of data center development before comprehensive regulations are adopted could interfere with the orderly development of the Town and frustrate future planning efforts.
  6. The Town Board therefore finds that adoption of an interim zoning ordinance is necessary to preserve the status quo while permanent land use regulations are developed.

Section 3. Definitions

For purposes of this Ordinance:

Data Center means any building, structure, campus, mobile unit, or facility primarily used to house servers, computers, networking equipment, electronic data storage systems, cloud computing infrastructure, artificial intelligence computing systems, cryptocurrency mining operations, or similar equipment requiring substantial electrical power or cooling infrastructure for the processing, storage, or transmission of electronic data.

The term includes all supporting infrastructure serving such facility, including but not limited to substations, backup generators, battery storage systems, cooling systems, fuel storage, and associated utility improvements.

Section 4. Interim Prohibition

Effective upon adoption of this Ordinance, no person shall:

  1. Construct or commence construction of a data center;
  2. Expand an existing facility into a data center;
  3. Establish a new data center use; or
  4. Obtain any Town approval, permit, or authorization for a project whose principal purpose is the development or operation of a data center.

The Town shall not issue any permits, approvals, licenses, or other authorizations that would facilitate development of prohibited use during the effective period of this Ordinance.

Section 5. Exceptions

The Town Board may, by resolution, after reviewing at a public meeting, and voted on at a Town of Bear Bluff Electors meeting, authorize an exception upon finding all of the following:

  1. The proposed activity will not prejudice or interfere with preparation or implementation of the Town's comprehensive zoning ordinance;
  2. The proposed activity is consistent with public health, safety, and welfare;
  3. The proposed activity will not substantially frustrate the purposes of this Ordinance; and
  4. Granting the exception serves the public interest.

The burden shall be upon the applicant to demonstrate that these findings can be made.

Section 6. Duration

This Interim Zoning Ordinance shall become effective upon publication as required by law and shall remain in effect until the earliest of:

  1. Adoption and effective date of a comprehensive zoning ordinance regulating data centers;
  2. Repeal by the Town Board; or
  3. Two (2) years after the effective date of this Ordinance, unless otherwise authorized by Wisconsin law.

Section 7. Enforcement

Any construction or establishment of a prohibited use in violation of this Ordinance is declared to be a public nuisance.

The Town may seek all remedies available under Wisconsin law, including injunctive relief, citations, forfeitures, and any other lawful enforcement measures.

Section 8. Severability

If any provision of this Ordinance is adjudged invalid, the remaining provisions shall remain in full force and effect.

Section 9. Effective Date

This Ordinance shall take effect upon passage by the Town Board and publication as required by law.

Adopted this ____ day of _______, 2026.

Town Chair

Attest:

Town Clerk