The Hayes Township Board of Trustees enacted a 180-day moratorium on data centers Monday night, adding the township to a growing list of Michigan governments getting ahead of a possible data center boom.
The moratorium states that "no data centers shall be accepted for review, consideration, approval, or otherwise allowed" for the 180-day period.
The small township, just north of Charlevoix on U.S. Route 31, hasn't fielded any proposals from data center developers yet, according to supervisor Bill Conklin.
LISTEN: Claire Keenan-Kurgan talks about this story on the Up North Lowdown.
Hear the podcast.
Conklin wasn’t sure there were any commercial or industrial parcels of land big enough. But, there were some concerns during an hour of public comment that a decommissioned nuclear power plant in the township, called Big Rock Point, could be recommissioned to power a data center.
The proposed 180-day moratorium initially included a couple clauses allowing for exemptions to the resolution: one by petition, and another in the case of an "aggrieved property owner" arguing that the moratorium will "result in the preclusion of any viable economic use of their property."
Supervisor Conklin said these were designed to prevent unconstitutional takings claims, but that he thought that was an unlikely outcome.
After members of the public voiced concern that both clauses might present possible loopholes, the board struck out both.
The moratorium, published in the meeting agenda packet, was passed unanimously with some amendments, including one where "no new data centers" was amended to read "no data centers."
There was some discussion of holding off until the next meeting, but the board decided to act after one meeting attendee argued that having a spotlight on the town's lack of data center regulation could immediately attract developers.
The board discussed having township attorney Todd Miller, who drafted the moratorium resolution, explore further ways to limit data center development. Board members also discussed the need for data center regulations in future zoning codes.
There was a full hour of public comment in person and over Zoom, including some statements from Michigan residents downstate.
