Berthoud CO one-year large data center application suspension (Ord. 1391)
Berthoud, CO — Emergency Ordinance 1391 Suspends Applications for Large (10 MW+) Data Centers for One Year (September 2026)
Berthoud, CO · Town of Berthoud, CO, Ordinance No. 1391 (Series 2026), emergency one-year suspension of large data center applications
- Status
- Enacted (not yet in effect)
- Applies to
- Developers seeking approvals for data centers of 10 MW or more in Berthoud, CO
- Enforced by
- Town of Berthoud Board of Trustees; Community Development
Berthoud, Colorado's Board of Trustees took up an emergency ordinance in September 2026 that stops the town from accepting, processing or approving applications for large data centers for one year. A large data center means one expected to use 10 megawatts or more of power. The town plans to use the time to write data center rules covering location, size, power and water use.
Who is protected: Berthoud, CO residents
Legal detail
Town of Berthoud (CO) Ordinance No. 1391, Series 2026, 'An Emergency Ordinance of the Town of Berthoud Temporarily Suspending the Acceptance, Processing and Approval of Applications for Large Data Centers in the Town' (Board of Trustees consent agenda item 1.c, Tue Sept. 22, 2026). Sec. 1: the Town shall not accept, process or approve applications for any large data center (site plan, zoning, use, building permit or other development applications) for one year from the ordinance's effective date. Sec. 2: 'large data center' = facility primarily storing/processing/transmitting data, supporting cloud computing or AI/ML, projected to use 10+ MW total capacity or demand (including cooling and other equipment). Recitals cite drought conditions and possible 2027 state legislation. Staff memo described the purpose as an 18-month suspension, but the ordinance text says one year. Adoption: Denver7 (Oct. 6, 2026) says Berthoud 'approved a 12-month moratorium on large data centers' later in September. NOT ESTABLISHED: the recorded vote, the signed ordinance, and the exact effective and expiry dates (no minutes published yet).
Key facts
| Jurisdiction | Berthoud, CO |
|---|---|
| Level | City / local |
| Strength | Moderate |
| Enacted | September 22, 2026 |
| Citation | Town of Berthoud, CO, Ordinance No. 1391 (Series 2026), emergency one-year suspension of large data center applications |
| Private right of action | No, agency enforcement only |
| Topics | data-center siting and energy |
| Agency page | Town of Berthoud Board of Trustees Sept. 22, 2026 agenda packet — Ordinance No. 1391 (Series 2026) staff memo and text |
Related data-center siting and energy rules elsewhere
- Superior WI Data Center Moratorium (1-year) · In effect
- Dane County WI Hyperscale Data Center Moratorium · In effect
- Madison WI Data Center Moratorium (1-year) · In effect
- Manitowoc County WI Data Center Moratorium · In effect
- WA SB 5982 (Data Center / Clean Energy) · In effect
- Dayton OH data center moratorium (180-day, Apr 2026) · In effect
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