Palm Beach County places pause on new hyperscale AI data centers, directs moratorium ordinance

A majority of the Palm Beach County Board of County Commissioners voted July 7 to direct staff to draft a temporary moratorium ordinance on new hyperscale artificial-intelligence data centers and to place a zoning-in-progress pause that stops staff from accepting new applications while the ordinance is prepared.

The action grew out of weeks of public comment opposing Project Tango, a proposed large data center, and repeated requests from residents and environmental groups that the county re-evaluate policy for hyperscale facilities. Linda Smith of the Sierra Club told the commission the county should follow other Florida counties that have adopted moratoria so officials have time “to evaluate the potential impacts of these facilities and to review and update applicable land use classifications.”

Mayor Baxter opened the board discussion by asking staff to bring back proposed ordinance language outlining where hyperscale sites could locate and what resource limits might apply. County Attorney Adi told commissioners the county may use a “zoning in progress” action to prevent applicants from racing to file under the current rules while the ordinance is drafted; legally, moratoria tied to zoning typically cannot reasonably extend beyond one year without further action.

Commissioner Powell and others urged caution about timing, noting an application for Project Tango was scheduled for consideration next week; several commissioners said the point of acting now is to show residents the board has heard concerns and to prevent intervening applications from being grandfathered under existing rules. Commissioner Sachs and others argued it was unfair to prospective applicants already preparing to file that the board would change rules now without the applicant having opportunity to respond.

The board approved the two-step direction: staff was directed to prepare an ordinance establishing a temporary moratorium on hyperscale AI data centers, and separately the commission voted to place a zoning-in-progress effective immediately while the moratorium ordinance is drafted. The roll-call record in the transcript shows the measures passed with five votes in favor and two opposed. The zoning-in-progress will remain in effect until the moratorium ordinance returns to the board or expires under statutory limits.

What happens next: staff said it will draft ordinance language, work with planning and zoning, and return to the board, including required public notice and zoning-commission review. Officials told the board they are studying options for specific guardrails — such as allowable locations, caps on energy and water consumption, and noise and lighting standards — but cautioned that already-submitted, vested applications would remain subject to the rules in effect at the time of filing unless the board applies additional regulatory tools.