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Fulton County adopts one‑year moratorium on data‑center permits and zoning changes
Summary
The Fulton County Board of Commissioners on March 2 adopted a one‑year moratorium (Ordinance No. 3022026) on certain zoning amendments and approvals for data‑center construction, voting 2‑1 after the Fulton County Area Planning Commission had issued a 6‑1 favorable recommendation.
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The Fulton County Board of Commissioners voted 2‑1 on March 2 to adopt Ordinance No. 3022026, imposing a one‑year moratorium on implementing specified zoning ordinance amendments and on approving permits related to construction of data centers in Fulton County. The board took the action during a meeting at the county fairgrounds after a reading of the ordinance and a public comment period.
The ordinance, which the presiding official read aloud, cites Indiana Code provisions governing zoning amendments and planning‑commission procedures and incorporates a Fulton County Area Planning Commission recommendation. The APC had held a publicly noticed hearing on Feb. 10, 2026, and voted 6‑1 to issue a favorable recommendation for the proposed changes that the moratorium now pauses. The moratorium covers changes to articles 4‑1.1, 4‑1.25 and 4‑1.33 of the county zoning ordinance and stays approvals for permits allowing the construction of data centers; it will remain in effect for one year from the ordinance’s effective date unless the board acts to extend or terminate it earlier.
Why it matters: Commissioners and county staff said the pause will allow time for additional study and for a planning‑commission‑established committee to evaluate the land‑use implications of locating data centers in agricultural areas. The ordinance text states the moratorium serves public health, safety and welfare by requiring further study before using agricultural land for data centers.
Public comment highlighted a procedural question about timing. Rick O'Neil, a member of the public, asked whether the moratorium’s start date is the petition date or the signing date, noting APC rules that “typically start the date of the petition.” The presiding official responded that “the moratorium starts the date of the signing of the ordinance.” O'Neil also thanked commissioners for approving the moratorium and criticized the APC’s recent meeting as "pitiful."
Emergency Management also flagged preparedness concerns tied to potential new industrial uses. Dawn from the county EMA office told the board that EMA staff have begun gathering information and coordinating plans in case incidents related to data centers (and other agricultural or poultry operations) require emergency response. "Not only with the data centers, but also chicken farms ... as we move forward, just know you can rely on EMA to bring you information," she said.
Procedural and legal notes: The ordinance references Indiana Code sections governing legislative consideration of zoning amendments and planning commission hearings. The board took the second reading by title only and then conducted a third reading by title only before the final vote. The vote to adopt the ordinance was recorded 2‑1; the board chair announced, "Motion the ordinance carries for the moratorium." The ordinance assigns the Fulton County Area Planning Commission executive director responsibility for implementing administrative procedures consistent with the moratorium.
Next steps: The moratorium takes effect per the ordinance’s effective date (the presiding official stated it begins on signing) and runs for one year unless the board amends its duration. The planning commission will convene a committee to study proposed ordinance changes during the moratorium period; no timetable for that committee's report was specified during the meeting.
