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PROPOSED INTERIM MORATORIUM/ADMINISTRATIVE PAUSE AND LAND DEVELOPMENT REVIEW FOR HYPERSCALE DATA CENTERS
Village of Indiantown, Florida
Attention of; Village Attorney -Village Manager -All Council Members
Response requested in writing by Thursday, May 28th, 2026
With all reasons stated as to the legality of why this proposal is untenable or actionable by the Village of Indiantown.
Respond to Melissa XXXXXXXX
772 xxx-xxxxx
Purpose of Proposal
This proposal is intended to provide the Village Attorney and Village Council with a legally defensible framework for a temporary administrative pause on new hyperscale data center approvals within the Village of Indiantown while the Village studies and adopts appropriate land development regulations.
The proposal is modeled after the recent approach reportedly undertaken by Citrus County, Florida, which temporarily paused data center approvals while preparing specialized land use and environmental regulations. Citrus County, like Indiantown, also sits within the confines of SB180.
This proposal is not intended to prohibit data centers outright. Instead, it is intended to preserve the status quo while the Village evaluates:
Infrastructure impacts,
Environmental impacts,
Public safety concerns,
Water and energy demand,
Compatibility with the Comprehensive Plan,
and the adequacy of current Land Development Regulations (“LDRs”).
And…
PROPOSED INTERIM MORATORIUM/ADMINISTRATIVE PAUSE AND LAND DEVELOPMENT REVIEW FOR HYPERSCALE DATA CENTERS
Village of Indiantown, Florida
Purpose of Proposal
This proposal is intended to provide the Village Attorney and Village Council with a legally defensible framework for a temporary administrative pause on new hyperscale data center approvals within the Village of Indiantown while the Village studies and adopts appropriate land development regulations.
This proposal is modeled after the recent approach reportedly undertaken by Citrus County, Florida, which temporarily paused data center approvals while preparing specialized land use and environmental regulations.
This proposal is not intended to prohibit data centers outright. Instead, it is intended to preserve the status quo while the Village evaluates infrastructure impacts, environmental impacts, public safety concerns, water and energy demand, compatibility with the Comprehensive Plan, and the adequacy of current Land Development Regulations (“LDRs”).
Proposed Findings
WHEREAS, the Village of Indiantown recognizes the rapid expansion of hyperscale and artificial intelligence (“AI”) data centers throughout the State of Florida; and
WHEREAS, the Village Council finds that such facilities may create substantial impacts related to electrical transmission and substation capacity, potable water demand, wastewater infrastructure, stormwater systems, noise generation, diesel generator emissions, emergency management and fire protection, land use compatibility, roadway impacts, environmental sustainability, and long-term community planning objectives; and
WHEREAS, the Village Council further finds that the Village’s existing Land Development Regulations do not currently contain specific standards governing hyperscale data centers and associated infrastructure; and
WHEREAS, the Village Council has determined that a temporary pause on the acceptance, processing, and approval of certain development applications related to hyperscale data centers is necessary to protect the public health, safety, and welfare while the Village evaluates and adopts appropriate regulations; and
WHEREAS, the Village Council finds that this temporary moratorium is necessary to prevent incompatible or premature development during the Village’s ongoing planning and regulatory review process.
Proposed Moratorium Language
Section 1 — Temporary Moratorium
The Village hereby adopts a temporary moratorium on the acceptance, processing, review, approval, issuance, or issuance extension of applications associated with new hyperscale data centers and associated infrastructure within the Village of Indiantown.
Section 2 — Covered Applications
The moratorium shall apply to rezoning applications, future land use amendments, special exception applications, conditional use approvals, site plan approvals, development orders, building permits, utility permits, and any other local approvals required for the construction or expansion of hyperscale data center facilities.
Section 3 — Definition
For purposes of this moratorium, “Hyperscale Data Center” shall mean:
Any facility primarily used for the storage, processing, or transmission of digital data utilizing large-scale server arrays, cloud computing systems, artificial intelligence processing systems, cryptocurrency processing systems, or similar high-density computing operations requiring substantial utility infrastructure, cooling systems, backup generation systems, or electrical demand.
Exemptions
The following may be exempted from the moratorium:
• Ordinary maintenance and repair
• Previously vested approvals
• Facilities owned or operated by governmental entities
• Telecommunications infrastructure otherwise protected under state or federal law
• Applications determined by the Village Attorney to possess vested rights under Florida law
Duration
Section 4 — Duration and Sunset
This moratorium shall remain in effect for an initial period of 180 days, with the option for extension by Village Council upon adoption of additional legislative findings, provided that in no event shall the moratorium exceed twelve (12) months unless otherwise authorized by law.
The moratorium shall automatically expire upon adoption of comprehensive data center land development regulations by the Village Council.
Required Staff Actions During Moratorium
The ordinance should direct Village staff and consultants to prepare:
• Data center zoning standards
• Buffering and setback requirements
• Sound attenuation requirements
• Backup generator regulations
• Energy and water consumption standards
• Environmental review criteria
• Utility capacity review procedures
• Landscaping and visual screening requirements
• Emergency response coordination standards
• Compatibility standards with residential and agricultural uses
Legal Basis
The proposal should explicitly state that the Village is acting pursuant to:
• Article VIII, Florida Constitution
• Chapter 166, Florida Statutes
• Chapter 163, Florida Statutes
• The Village’s police powers
• Its authority to regulate land development and zoning in protection of public health, safety, and welfare
Important Legal Positioning
To reduce litigation risk, the Village should emphasize throughout the ordinance that the moratorium is temporary, planning-based, narrowly tailored, geographically neutral, and intended solely to allow adoption of specialized regulations.
The moratorium is not intended as a permanent ban, targeted action against a single applicant, punitive measure, or attempt to circumvent vested rights.
Recommended Supporting Record
To strengthen defensibility, the Village should build a public record including:
• Utility capacity concerns
• Expert testimony
• Environmental analysis
• Resident comments
• Fire protection concerns
• Traffic and noise impacts
• Examples from other Florida jurisdictions
Recommended Next Steps
1. Direct Village Attorney to draft interim moratorium ordinance.
2. Schedule public workshop regarding data center impacts.
3. Retain planning and infrastructure consultants if necessary.
4. Initiate LDR amendments specific to data centers.
5. Coordinate with utility providers regarding infrastructure impacts.
6. Adopt final permanent regulations before moratorium expiration.
Note Regarding SB180
This proposal is intentionally structured as an interim planning moratorium tied to ordinance development and based on traditional zoning authority.
The proposal is not drafted as a permanent prohibition on data centers and is intended to align with the local government zoning authority preserved under Florida law.