Santa Fe County imposes 18‑month moratorium on large data centers, sets 1‑MW threshold

The Santa Fe County Board of County Commissioners adopted an 18‑month moratorium on permitting new data centers that consume 1 megawatt or more, saying the pause is needed to write rules protecting water, air, noise and community impacts.

Sponsor Commissioner Lisa Kakari Stone said the measure is ‘‘about prevention, not prohibition,’’ adding the county needed time to set “guard rails” before major facilities arrive. The board amended the original proposal during the hearing to lower the size threshold and add new requirements covering cumulative impacts, environmental justice reviews, public disclosure and limits on non‑disclosure agreements.

Commissioner Hank Hughes, the measure’s co‑sponsor, told the board he supported the lower threshold because ‘‘one megawatt is about the amount of electricity used by almost a thousand homes,’’ arguing that even projects smaller than hyperscale centers can stress local resources.

Community advocates and youth organizers urged the moratorium. Zephra Haramo of Youth United for Climate Action said the pause is “a critical step to prevent unaddressed harms to frontline communities,” and EarthCare and other groups urged clear rules on groundwater, diesel backup generators and e‑waste handling.

What the moratorium does: the ordinance freezes acceptance, processing and issuance of new development permits for qualifying data center facilities for up to 18 months. During that interval, county staff will draft comprehensive rules the board instructed them to consider, including:
- Cumulative impact assessments (water use, groundwater/aquifer impacts, wastewater, electricity demand, diesel and air emissions, noise and stormwater).
- Ratepayer cost‑shift analysis and guardrails to limit public subsidy or indirect costs to residents.
- Limits on confidentiality and NDAs that would obstruct public review.
- Financial assurance and decommissioning requirements (restoration bonds).
- Enhanced community engagement with explicit outreach to tribal governments, pueblo nations, agricultural operators and affected rural residents.

Board action and next steps: After amendments were adopted, the board approved the moratorium unanimously. Chair Justin Green directed staff to lead broad public outreach as staff drafts the new rules and to return to the board with a timeline and interim milestones. The ordinance (No. 2026‑06) allows the board to extend the moratorium if additional time is needed for the rulemaking.

Why commissioners supported a pause: Proponents cited uncertainty about long‑term groundwater and electricity use, diesel‑generator emissions, low‑frequency noise complaints documented near other centers, and the use of confidentiality agreements that can limit public review. Sponsors said a moratorium gives the county leverage to require clear disclosures, siting standards and mitigation before new projects are accepted.

What this does not do: It does not affect existing businesses, ordinary server rooms or very small IT installations; it applies to facilities meeting the 1‑MW threshold or higher and does not permanently bar development.

What happens next: County staff will begin the rulemaking process, with public workshops and targeted outreach to pueblos, community associations and technical experts. Commissioners said they expect draft regulations and regular progress reports before any moratorium extension would be considered.

The commission’s motion passed unanimously on June 30.