Town attorney: Milford cannot unilaterally ban data centers; county control limits local options

Aug 10, 2026

The town attorney told the Milford council that a flat municipal ban on data centers would be legally risky because zoning authority rests with the county; he urged working with county planners or supporting a county moratorium while noting possible state preemption.

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The town attorney advised the council that local authority to ban or broadly restrict data centers is limited because zoning and land-use control are administered at the county level. He said towns without their own planning commissions lack the regulatory tools to enact a zoning-based ban and that "you can't just say we can't have a tanning bed" as an analogy for an absolute local prohibition.

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