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1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: April 21, 2026 <br /> Action Agenda <br /> Item No. 5-a <br /> SUBJECT: One-Year Moratorium Ordinance on "Data Centers" as a Land Use <br /> DEPARTMENT: County Attorney's Office & <br /> Planning and Inspections <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> 1) Ordinance Imposing a Temporary John Roberts, County Attorney, 919- <br /> Moratorium 245-2318 <br /> 2) Presentation Perdita Holtz, Deputy Planning <br /> Director, 919-245-2578 <br /> PURPOSE: To hold a public hearing and receive comment on a proposed ordinance to impose <br /> a one-year moratorium on large-scale data centers as a land use, inclusive of Artificial Intelligence <br /> Data Centers, Cryptocurrency Mining Facilities, Data Centers, Data Processing Facilities, and <br /> similar uses. <br /> BACKGROUND: At its March 5, 2026, Business meeting, the BOCC voted unanimously to direct <br /> staff to prepare a presentation addressing the following: <br /> 1) The potential impacts of large-scale data center development in Orange County, including <br /> electricity demand, water usage, land use compatibility, environmental considerations, and <br /> potential impacts on residents' utility costs, and water quality. <br /> 2) Policy options available to the County, including, but not limited to, a temporary moratorium <br /> on data center development, revising the Orange County Land Use Plan and UDO, and <br /> the legal process required to implement each option. <br /> 3) Recommendation(s) for Board action. <br /> The staff provided the presentation at the March 17, 2026, Business meeting. The Board voted <br /> unanimously to hold a public hearing at its April 21, 2026, Business meeting to allow for the <br /> opportunity to declare a one-year moratorium on large-scale data centers as a land use, inclusive <br /> of Artificial Intelligence Data Centers, Cryptocurrency Mining Facilities, Data Centers, Data <br /> Processing Facilities, and similar uses. The Board also voted unanimously to direct staff to <br /> develop amendments to the County's Unified Development Ordinance (UDO) to define and <br /> regulate both "large-scale" data centers, inclusive of Artificial Intelligence Data Centers, <br /> Cryptocurrency Mining Facilities, Data Centers, Data Processing Facilities, and similar uses <br /> during this moratorium. <br /> Pursuant to North Carolina General Statute (NCGS) 160D-107, "local governments may adopt <br /> temporary moratoria on any development approval required by law, [and] the duration of any <br /> moratorium shall be reasonable in light of the specific conditions that warrant imposition of the <br />