Larimer County staff propose 30‑day moratorium on hyperscale data centers ahead of Feb. 9 hearing

Rebecca Everett, community development director for Larimer County, told the Board of County Commissioners on Jan. 26 that staff will place a proposal on the Jan. 27 admin matters agenda to adopt a 30‑day moratorium on data center facilities as a temporary measure while the county develops regulations.

"There is an item on your admin matters agenda for tomorrow that is a proposal for a 30 day moratorium on data center facilities," Everett said, describing the moratorium as a bridge until the Feb. 9 land use hearing where staff will seek approval of a six‑month moratorium with full public notice and comment.

The staff presentation framed hyperscale data centers — facilities that support artificial intelligence and large‑scale computing — as an emerging land use that raises distinct water, energy and siting questions that the county's existing land‑use code does not directly address. Everett said the county has already engaged a graduate student researcher and will review other communities' model codes and best practices.

Commissioner Kristen Stevens said she initially thought 30 days sounded too short and asked whether six months would be sufficient for staff to prepare sound regulations. "When you first said 30 days, I was like, that doesn't sound like enough time," Stevens said. Everett responded that staff are optimistic six months is reasonable and can seek extensions and legal advice if needed.

A county attorney told commissioners the statutory limit for such moratoriums is six months, meaning any initial temporary pause cannot exceed that duration without returning for further action.

Commissioner John Kefalas asked that the moratorium item be pulled from the consent agenda for a brief discussion at the Jan. 27 admin matters meeting so staff can explain the purpose and next steps to the public; commissioners and staff agreed they would provide a short explanation and proceed to the Feb. 9 hearing for a fuller, noticed deliberation and public comment.

Staff also said they are monitoring state legislation relating to data centers. Officials noted bills before the legislature include proposals to incentivize data center development and bills that would require matching renewable energy or water offsets; as of Jan. 26, staff had not seen explicit state preemption language.

Next steps: staff will present a brief explanation at the Jan. 27 admin matters meeting; if the board adopts the 30‑day moratorium, staff will proceed to the Feb. 9 land use hearing with a proposed six‑month moratorium and public notice. The county may seek extensions or return for further action if additional time is needed.