Winnebago County sign, November 4, 2021. PC: Fox 11 Online
WINNEBAGO COUNTY, WI (WTAQ-WLUK) — Winnebago County is the latest community in Northeast Wisconsin to discuss implementing a moratorium on data centers.
County Executive Gordon Hintz says right now, there isn’t a proposal for a data center anywhere in Winnebago County, but even so, he wants to put a 12-month pause on any development.
“We’re not saying data centers are good or bad, but we’re saying that we want to take the time to be deliberate as a county about putting regulations in place that are thoughtful and considerate and deliberate about doing things on our terms,” said Hintz.
However, not all of the county supervisors agreed with him.
“Right now, I’m not going to be supporting a moratorium. I do think that this is a measure to stop this for a while, and I think we can do this. I think everybody can win,” said District 24 Supervisor Andy Buck.
Hintz brought forward the idea of a moratorium during his executive report. His presentation specifically referred to this proposal as a development moratorium, per Chapter 66 of state law. However, that chapter applies solely to municipalities, not counties.
Last week, the Wisconsin Legislative Reference Bureau said counties can’t legally establish a development moratorium.
“Development moratorium means a ban on rezoning or approving any land subdivision. Counties are allowed to do a moratorium of any kind, except for development moratoriums,” said Richard Loeza, a senior legislative analyst with the Wisconsin Legislative Reference Bureau.
Manitowoc County passed a data center moratorium in April, using specific language.
Even if a moratorium was passed in Winnebago County, it wouldn’t impact everyone. Each county handles zoning differently, which can change where a moratorium takes effect. Initially, in Winnebago County, just four towns would be subject to the moratorium: Nekimi, Neenah, Omro and Algoma.
Hintz said he plans to ask other municipalities in Winnebago County if they’d be interested in passing a uniform measure.
The data center moratorium will be discussed by the county’s Planning and Zoning Committee in July. If passed, it would advance to the County Board for final approval.
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