The Wisconsin State Capitol dome in Madison. PC: Fox 11 Online
(WTAQ-WLUK) — Data centers have become a hot topic in Northeast Wisconsin, with many residents calling for measures like moratoriums to be implemented to at least slow down the development process.
However, state law adds an extra layer to the discussion.
Brown County can’t put a data center moratorium in place due to its zoning, but the county said even if it could, a state law would make that unlikely anyway. However, Manitowoc County passed a data center moratorium in April. So, how did they do it?
According to state law, counties in Wisconsin aren’t allowed to implement development moratoriums.
“A development moratorium means a ban on rezoning or approving any land subdivision. So, the counties are allowed to do moratoriums of any kind, except for development moratoriums,” said Richard Loeza, senior legislative analyst with Legislative Reference Bureau.
It’s unclear whether a court would determine a “data center moratorium” to be a development moratorium. Wisconsin’s Legislative Reference Bureau said Manitowoc County passed its moratorium with specific language.
“It says it in their resolution, specifically, that these resolutions are not to be construed as a development moratorium. That’s just a different kind of moratorium,” said Loeza.
State Rep. Shae Sortwell, R-Two Rivers, serves on the Manitowoc County Board. He helped enact the moratorium.
“Since it is a temporary restriction, our corporation counsel believes it would hold up in court, and that’s presuming that anyone would actually pursue it,” said Sortwell. “From my discussions with Cloverleaf [Infrastructure] and what I’ve heard about them, they’re not looking to just come in and force something if the local community is not willing to have these discussions. So, this is sending a signal, if nothing else, to Cloverleaf and others, that may try to build in our area, that we are going to do our due diligence. We’re not just going to roll over for the construction that they may pursue in Manitowoc County.”
Does the law needs to be reviewed to potentially allow counties to enact development moratoriums in the future? Both Sortwell and State Sen. Jamie Wall, D-Green Bay, cited local municipalities’ ability to do just that.
“If somebody who represents people locally has a turn at bat, we as citizens can talk to those people and say, ‘We don’t want this’ or ‘We want it, this is great’ and I think the law allows for that now,” said Wall.
However, some Brown County residents are concerned a data center’s footprint would be felt by more than the village or town it’s in. Sortwell and Wall both agreed data center regulations are needed.
“We really do need to look at this at a state level to put in place some basic requirements to make sure that these are put in appropriate places,” said Sortwell.
“We should put some guardrails around this whole process instead of leaving the town board in Wrightstown to try to struggle through it,” said Wall. “The state put in some tax incentives, some sales tax exemptions for data center development, and I think we should take a very hard look at those. These are some of the biggest and most profitable companies in the planet.”
Due to feedback from constituents, Wall said he believes the Wisconsin Legislature will revisit the data center discussion early in its next session. However, that doesn’t begin until January.
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