Town of Tonawanda NY data center moratorium LL 2-2026
Town of Tonawanda, New York — Local Law 2-2026: One-Year Moratorium on Data Centers With Peak Demand of 20 MW or More, Stricter Than the State Threshold (August 3, 2026)
Town of Tonawanda, NY · Town of Tonawanda, N.Y. Local Law No. 2 of 2026 (effective August 3, 2026)
- Status
- In effect
- Expires
- August 3, 2027
- Applies to
- Developers seeking a building permit or site plan approval for any data center of 20 MW peak demand or more in the Town of Tonawanda
- Enforced by
- Town of Tonawanda Building and Planning Department / Town of Tonawanda Town Board
The Town of Tonawanda Town Board adopted Local Law 2-2026, a one-year moratorium on data center development that took effect Monday, August 3, 2026 after a public hearing. During the moratorium no application for a building permit or site plan approval may be filed, accepted or processed for any data center with peak demand of 20 megawatts or more. The Village of Kenmore, which sits inside the town but has its own government, is expressly excluded. The point of the law is that it is stricter than the state's. New York had already imposed a statewide pause, but the state threshold is 50 megawatts of peak electrical demand; Supervisor John Flynn said the town deliberately lowered its own threshold to 20 megawatts, so facilities too small to trigger the state pause are still caught locally. During the year the Town Board will consider and, if appropriate, enact permanent zoning regulations for data centers.
Who is protected: Town of Tonawanda residents and ratepayers in Erie County, excluding the Village of Kenmore
Legal detail
Town of Tonawanda, N.Y. — Local Law No. 2 of 2026, adopted by the Town Board after public hearing, effective August 3, 2026, establishing a one-year moratorium on data center development. OPERATIVE TEXT: no application for a building permit or site plan approval for development of any data center with peak demand of 20 megawatts or more may be filed, accepted or processed by the Town of Tonawanda. TERRITORIAL EXCLUSION: the Village of Kenmore, an incorporated village within the town with independent land-use authority, is expressly carved out. RELATIONSHIP TO STATE LAW — THE REASON THIS ENTRY MATTERS SEPARATELY: New York's statewide data center pause applies at a 50 MW peak-electrical-demand threshold. Local Law 2-2026 lowers the local trigger to 20 MW, so the town captures mid-sized facilities the state measure does not reach. Supervisor John Flynn stated this design intent publicly. FORWARD WORK: during the moratorium the Town Board will consider and enact, if appropriate, new zoning regulations. NOT TO BE CONFUSED WITH: the City of North Tonawanda (Niagara County), a separate municipality which adopted its own Local Law No. 3 of 2026 extending an AI data center moratorium and adding a special use permit requirement.
Key facts
| Jurisdiction | Town of Tonawanda, NY |
|---|---|
| Level | City / local |
| Strength | Moderate |
| Enacted | August 3, 2026 |
| Citation | Town of Tonawanda, N.Y. Local Law No. 2 of 2026 (effective August 3, 2026) |
| Private right of action | No, agency enforcement only |
| Penalties | No covered application may be filed, accepted or processed during the moratorium year |
| Topics | data-center siting and energy · consumer protection · government use of AI |
| News report | Tonawanda Town Board passes data center moratorium — Buffalo Toronto Public Media |
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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