PLACEMENT: Public Hearings
TITLE:
title
FIRST PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE ESTABLISHING A TEMPORARY INTERIM PLANNING PERIOD AND MORATORIUM ON THE SUBMISSION AND ACCEPTANCE OF APPLICATIONS RELATED TO LARGE-SCALE DATA CENTERS
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EXECUTIVE SUMMARY:
executive summary
At the August 25, 2026 meeting, the Board of County Commissioners (Board) directed staff to bring an ordinance imposing a moratorium on large-scale data centers in unincorporated Martin County. The proposed ordinance establishes a temporary interim planning period and suspends the submission and acceptance of applications related to large-scale data centers.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Elysse A. Elder
Title: County Attorney
REQUESTED BY: Board of County Commissioners
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
On August 25, 2026, the Board directed the County Attorney to bring back an ordinance establishing a moratorium for large-scale data centers in unincorporated Martin County. The Board was concerned about significant impacts associated with large-scale data centers, specifically as it relates to noise, water and electrical power consumption, water disposal, compatibility and other environmental considerations. The proposed ordinance establishes a temporary interim planning period for large-scale data centers and a moratorium on the acceptance of applications relating to large-scale data centers. The proposed ordinance provides staff with the necessary time to conduct additional research and analysis of existing data and information related to large-scale data centers and propose revisions to the Martin County Comprehensive Growth Management Plan and the Land Development Regulations to properly regulate these facilities.
Governor DeSantis recently signed into law changes to Florida Statutes that expressly recognize the authority of local governments to regulate large load customers. Specifically, the newly created Section 163.326 states that certain land uses, including facilities with substantial electric or other utility demands, such as data centers and other large load customers, may present unique planning, infrastructure, and compatibility concerns. The new law further provides that the “Legislature intends that such considerations shall be addressed through local comprehensive planning and land development regulations.” Finally, Local governments “maintain the authority to exercise the powers and responsibilities for comprehensive planning and land development regulations granted by law with respect to large load customers.” The definition of a large-scale data center is set forth in the Section 373.203(4), Florida Statutes, and is defined as: “a single location with a data center on site, that has an anticipated monthly peak load of 50 megawatts or more, calculated as the highest average load over a 15-minute interval. The term does not include a load aggregated across multiple locations owned by the same customer. However, the term includes all customers or other entities that have entered into a colocation or similar agreement at a single location that otherwise meets the anticipated monthly peak load.” Martin County proposes this ordinance in response to the Legislative mandate in Section 163.326, Florida Statutes.
The proposed ordinance will apply to all new applications submitted on or after the effective date of the ordinance. Applications deemed complete by the County prior to the effective date of this Ordinance may continue to be processed under the regulations in effect at the time of the sufficiency determination.
ISSUES:
Pursuant to Section 125.66, Florida Statutes, the Board must hold two advertised public hearings on the proposed ordinance. At least one hearing must be held after 5:00 PM on a weekday unless the Board, by a majority plus one vote, elects to conduct that hearing at another time of day.
LEGAL SUFFICIENCY REVIEW:
This is a legislative matter. Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation. A local government’s approval or denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review. Fairly debatable means that the government’s action must be upheld if reasonable minds could differ as to the propriety of the decision reached. Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that are arbitrary and capricious or illegal are subject to serious legal challenge.
RECOMMENDED ACTION:
RECOMMENDATION
1. Move that the Board review the proposed ordinance and direct staff on any changes; and
2. Move that the Board holds the second public hearing to consider the approval of the proposed ordinance on October 27, 2026, at 9:00 AM, or as soon after as the matter may be heard and prior to 5:00 PM.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☐Other: