- July 14, 2026
Flagler County commissioners unanimously approved the first reading of a proposed ordinance establishing a 12-month moratorium on new data center applications in unincorporated Flagler County, giving staff time to develop comprehensive regulations governing where the facilities can be built and how they will be reviewed.
The ordinance, approved during the board's July 13 meeting, is intended to temporarily halt new data center applications while the county develops standards addressing environmental concerns, infrastructure demands and appropriate locations for future facilities. Because the board's action was a first reading, the ordinance must return for a second reading and final vote before the moratorium can take effect.
County officials emphasized that the moratorium is not intended to prohibit data centers permanently, but rather to ensure the county has clear policies in place before considering future proposals.
"What the moratorium does is it closes the door on any applications or anyone wanting to basically rush the office to get an application in while we're still contemplating what the regulations are," County Attorney Michael Rodriguez told commissioners. "It shuts the door while we contemplate how to regulate these uses."
Rodriguez added that if the county completes and adopts those regulations before the one-year period expires, the moratorium could be lifted early because it would no longer be necessary.
Commissioners briefly discussed whether one year would provide enough time to complete the process. Chair Leann Pennington questioned whether 12 months would be sufficient, while other commissioners expressed confidence that the county could complete the work within that timeframe.
Commissioner Andy Dance said the county's objective is to establish regulations before applications are submitted.
"It's really just about planning before permitting," Dance said. "These aren't traditional commercial industrial uses. We're finding more information about them every day."
Dance said the process will include an educational effort through the Northeast Florida Regional Council, along with public workshops and hearings examining both the potential economic benefits and the environmental and infrastructure impacts associated with data centers. He also pointed to Nassau County as an example of a local government that has already begun developing policies for the industry.
Staff also noted that many large data center developers are increasingly seeking sites in rural communities because of the availability of large tracts of land and the ability to extend utilities such as electricity and water. Officials said some companies are also redeveloping former office parks into smaller data center facilities.
Following public comment, commissioners voted unanimously to approve the ordinance on first reading. The proposed 12-month moratorium will return to the board for a second reading and final vote on Aug. 3.
