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Committee narrows moratorium scope to capture pending conditional-use applications
Summary
Staff read clarified transition language so the moratorium would apply not only to prospective conditional-use applications but also to applications filed before the effective date, those pending regulatory review, and those approved by OZAH but without DPS permits, ensuring the pause covers all stages of the permitting process.
Council staff read transition language into the record clarifying when the moratorium would apply. The language is intended to ensure that conditional-use applications for data centers are captured whether filed before or after the moratorium's effective date, while also covering applications pending regulatory review and those approved by the Office of Zoning and Administrative Hearings but not yet issued a Department of Permitting Services permit.
"Our conditional use application for a data center that is filed with the office of zoning and administrative hearing before or after the effective date of this act, or 2, if it's pending a regulatory review before OSA, but not yet approved, or 3, if it is approved by OSA, but it does not have a permit or has not been issued by DPS," staff read into the record to illustrate the three captured stages. Committee members said the cleanup language improved clarity about the moratorium's reach.
