Memphis TN data center moratorium Ord. 5982 (pending final reading)
Memphis, TN — Ordinance No. 5982: Proposed 12-Month Moratorium on Data Center Permits; Final Vote Postponed to October 20, 2026
Memphis, TN · Memphis City Council Ordinance No. 5982 (data center temporary moratorium), second reading Sept. 2, 2026; final reading set Oct. 6, 2026
- Status
- Proposed / pending
- Applies to
- Developers of new data centers and high-density computing facilities in the City of Memphis; the Memphis and Shelby County Division of Planning and Development
- Enforced by
- Memphis City Council; Memphis and Shelby County Division of Planning and Development
The Memphis City Council is one vote away from a temporary pause on new data centers. Ordinance No. 5982, as written in August 2026, would stop the city from processing rezonings, use permits, site plans, building and grading permits for any new data center or 'high-density computing facility' (including AI processing and cryptocurrency mining) for 12 months or until permanent zoning rules are adopted, and would set up a study committee with council members, MLGW and industry experts. It passed first reading on Aug. 18 and second reading on Sept. 1, 2026. The final vote was delayed on Sept. 15 so the sponsor could fold in competing proposals; an amended version, which keeps the 12-month pause, the study committee and the exemption for existing non-expanding data centers and adds community engagement and progress reports, was postponed to Oct. 20, 2026. It is NOT in force.
Who is protected: Memphis residents and MLGW utility customers
Legal detail
Memphis City Council Ordinance No. 5982 — 'An ordinance declaring a temporary moratorium on the acceptance, processing, approval, and issuance of zoning, land use, building, and other associated infrastructure permits for data center developments within the City of Memphis.' PROCEDURE: FIRST READING Aug. 18, 2026 on consent agenda (Commercial Appeal); SECOND READING at the Sept. 1, 2026 meeting (official agenda; Memphis Flyer Sept. 2); THIRD READING scheduled September 15, 2026 was delayed (Action News 5, Tri-State Defender); amended ordinance set for final vote OCTOBER 6, 2026 at 4:00 p.m. (Tennessee Tribune). TEXT (v3 PDF posted on memphistn.gov, August 2026 — the AMENDED version's text has NOT been reviewed): definitions of 'Data Center' and 'High-Density Computing Facility' (AI processing, cryptocurrency mining, commercial server farming); Division of Planning and Development shall not process rezonings, planned developments, special use permits, conditional use permits, site plan approvals, building/grading/land-disturbance permits or any other discretionary land-use approval for a new covered facility; applications accepted only for docketing/completeness and review deadlines tolled. EXEMPTIONS: existing lawfully operating data centers that do not expand footprint/electrical demand/utility capacity/operational intensity; applications legally vested before introduction; routine maintenance; accessory computing uses (hospitals, banks, schools, government, offices, etc.); council waiver on findings of no economically viable use. STUDY: committee chaired by council members with MLGW and industry experts, 17 listed topics including separation distances, noise, water, cost allocation so utility customers do not bear costs of high-demand facilities. DURATION: earlier of 12 months from effective date, adoption of permanent zoning, or repeal; council may extend; progress report requested within six months. AMENDMENT: Tri-State Defender reports the amended version focuses on 'hyperscaled data centers' and folds in elements of competing proposals from Councilmembers Jeff Warren and Philip Spinosa; Tennessee Tribune says it keeps a study committee of experts and adds community engagement and progress reports. Exact amended scope/threshold NOT established.
Key facts
| Jurisdiction | Memphis, TN |
|---|---|
| Level | City / local |
| Citation | Memphis City Council Ordinance No. 5982 (data center temporary moratorium), second reading Sept. 2, 2026; final reading set Oct. 6, 2026 |
| Private right of action | No, agency enforcement only |
| Penalties | None stated; the ordinance withholds permits rather than imposing penalties |
| Topics | data-center siting and energy · consumer protection · government use of AI |
| Agency page | Data Center Temporary Moratorium Ordinance v3 — City of Memphis (memphistn.gov) |
More AI rules in Memphis, TN
- Memphis TN data center zoning ordinance 5987 (first reading) · Proposed / pending
- Memphis xAI Permit Challenge · Blocked / in litigation
- Memphis SkyCop Surveillance Program · In effect
- Memphis xAI Colossus Permits · In effect
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
See something wrong or out of date? Submit a correction. Every entry must carry a verifiable source.