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Legislation Details
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File #:
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251924
Version:
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Type:
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Ordinance
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Status:
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Passed
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On agenda:
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Final action:
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10/13/2026
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Effective date:
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10/17/2026
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Title:
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A substitute ordinance relating to a temporary pause in the establishment and development of data centers.
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Attachments:
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1. Proposed Substitute A (Substitute 2), 2. Zoning Code Technical Committee Letter, 3. City Plan Commission Letter, 4. CPC Staff Report, 5. City Attorney Email Legality and Enforceability 07.27.26, 6. City Attorney Opinion on CCFN 260142 (6.29.26), 7. UNU-INWEH-Report-The_Env_Cost_of_AI-2026, 8. Hearing Notice List, 9. Amanda Henes eComment, 10. American Lung Association Support 7.28.26, 11. Becca Alt eComment, 12. Building Advantage Oppose, 13. Daniel Pope eComment, 14. Darren Luke eComment, 15. Deborah Pasha Support, 16. Dr. Pate-Tyler Support with Petition, 17. Erica Ballard Support, 18. Fatima Laster Support, 19. Gary Dalton Email, 20. Gretchen Baria eComment, 21. John Meurer Support, 22. Jamila Mitchell Support, 23. Jeremy Stein Support, 24. Janet Dietert Support, 25. League of Women Voters Milwaukee County Letter, 26. Marty Ellenbecker Email, 27. Melinda Meer eComment, 28. MMAC Oppose, 29. Mr. Pate Support, 30. Ms. Tyler Support, 31. Olivia McClain Support, 32. Pranay Bonagiri Support, 33. Reilly Ruechel eComment, 34. Sarah Fajardo eComment, 35. Sheldon Dietert Support, 36. Steven Goodman - Marquette - Data Center Infrastructure - A Decision Reference, 37. Legal and Enforceable 10.7.26
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| 10/16/2026 | 2 |
CITY CLERK
| PUBLISHED | | |
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Not available
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| 10/14/2026 | 2 |
MAYOR
| SIGNED | | |
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Not available
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| 10/13/2026 | 2 |
COMMON COUNCIL
| PASSED
Minutes note: Ald. Dimitrijevic made a request for an unanimous sponsorship of this file. | Pass | 13:0 |
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Meeting details
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Video
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| 10/6/2026 | 1 |
ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
| SUBSTITUTED
Minutes note: Appearing:
Ald. Marina Dimitrijevic, 14th Ald. Dist.
David Gelting, LRB
Pres. Ald. Jose Perez, 12th Ald. Dist.
Ald. Peter Burgelis, 11th Ald. Dist.
Ald. Jackson moved substitution of the file with Proposed Substitute A. (Prevailed 5-0) | Pass | 5:0 |
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Video
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| 10/6/2026 | 2 |
ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
| RECOMMENDED FOR PASSAGE
Minutes note: File reflecting Proposed Substitute A, relabeled as Substitute 2.
This ordinance prohibits the establishment of new data centers or the enlargement of existing data centers for 1 year, or until the zoning code is amended to regulate data centers.
Ald. Jackson and Burgelis added as cosponsors.
There was inquiry and request for the identification of data centers citywide and holistic review of the benefits, negatives, and financial impact from data center developments. | Pass | 5:0 |
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Not available
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| 9/28/2026 | 1 |
CITY PLAN COMMISSION
| APPROVED CONDITIONALLY
Minutes note: Appearing:
Ald. Marina Dimitrijevic, 14th Ald. Dist.
David Gelting, Legislative Reference Bureau
Joseph Dobbs, Assistant City Attorney
Ald. Dimitrijevic said that the file would enable a set period to conduct necessary legislative, legal, and regulatory research to address the development of data centers in consideration of the public's health, safety, and welfare.
Ms. Fonseca presented on details of the staff report, as contained in the file.
This substitute ordinance would create a temporary pause in the establishment of new data centers or enlargement of existing data centers for one year, or until the Zoning Code is amended to formally define and regulate data centers.
Staff recommended approval of the proposed pause in data center construction while a longer term set of zoning regulations for data centers are developed for local review and approval.
Atty. Dobbs commented on a future substitute to include additional technical language changes that preserve the intent of the ordinance, while strengthening the implementing language with relevant City land use application processes and appeal processes required by State Statute.
Public testimony in support (in-person):
Julia Alberth
Ald. Alex Brower, 3rd Ald. Dist. and co-sponsor
Stacey Smiter, resident
Ryan Brooks, Data Holdings employee
Molly Collins, American Lung Association of Wisconsin
Jamila Mitchell, Redress Movement
Dr. Melita Tyler
Garold Dalton, resident
Michael Harper
Jason Davenport
Gretchen Mahkorn
Carrie Elmore, resident
Jeff Johnson, Potawatomi Ventures
Erica Steib
Rachael Marken, resident
Public testimony in support (virtually):
Christian Trunley, resident
Melodoy McCurtis, Metcalfe Park Community Bridges
Landon Zimmerman, resident
Mabel Lamb, Sherman Park Community Association
Rachel Stiles
Shannon Simonet, resident
Amy Donahue
Public testimony in opposition (in-person):
Joel Roberts, UWM student and entrepreneur
Speakers in support of the proposed temporary pause raised concerns regarding the potential effects of large-scale data center development on energy demand, utility costs, employment, environmental conditions, and neighboring communities. Several speakers stated that a temporary pause would allow the City additional time to evaluate regulatory needs, consider potential safeguards, and review approaches adopted in other jurisdictions. Comments also addressed the allocation of City resources, community participation in future policy development, transparency, environmental review, potential community benefits agreements, and consideration of publicly owned facilities.
Some speakers suggested that any future regulations distinguish among data centers based on factors such as energy use or facility scale. One or more speakers referenced their experiences and observations related to a data center in Port Washington. Representatives of Potawatomi stated their support of the pause and that they operate a small data center and described its operations.
Speakers in opposition expressed support for advancements in technology, artificial intelligence, technology businesses, and small-scale data center development. They stated that the proposed temporary pause or related regulations could adversely affect small businesses, entrepreneurs, and technology-related uses.
Questions and discussion addressed the legal review and purpose of the proposed temporary pause and other matters raised during testimony.
Commissioner Washington moved approval conditionally, seconded by commissioner Smith. (Prevailed 5-0)
Condition:
1. A future substitute to include additional technical language changes that preserve the intent of the ordinance, while strengthening the implementing language with relevant City land use application processes and appeal processes required by State Statute. | Pass | 5:0 |
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Video
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| 9/28/2026 | 1 |
CITY PLAN COMMISSION
| REFERRED TO | Pass | 5:0 |
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Not available
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| 8/28/2026 | 1 |
CITY CLERK
| PUBLISHED | | |
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Not available
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| 7/31/2026 | 1 |
ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
| REFERRED TO | | |
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Not available
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| 7/31/2026 | 1 |
ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
| REFERRED TO | | |
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Not available
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| 7/28/2026 | 1 |
ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
| HELD TO CALL OF THE CHAIR
Minutes note: Appearing:
Ald. Marina Dimitrijevic, 14th Ald. Dist.
David Gelting, LRB
Joseph Dobbs, City Attorney's Office
Evan Goyke, City Attorney
Ald. Mark Brower, 3rd Ald. Dist.
Tanya Fonseca, DCD
Ald. Mark Chambers, Jr., 2nd Ald. Dist.
This ordinance prohibits the acceptance of application materials related to the establishment and development of data centers for 1 year, or until the zoning code is amended to define and regulate data centers.
There was discussion on the intent of the file, memoratorium legislation implemented elsewhere, legal public hearing notice requirement, timing of the legislation, and future scheduling of the file.
Public testimony in support:
Molly Collins, American Lung Association Advocacy Director
Samantha Doucas, Party for Socialism and Liberation
Melody McCurtis, Metcalfe Park Community Bridges | Pass | 5:0 |
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Video
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| 7/17/2026 | 1 |
CITY CLERK
| DRAFT SUBMITTED | | |
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Not available
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| 3/24/2026 | 1 |
ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
| REFERRED TO | | |
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Not available
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| 3/24/2026 | 1 |
ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
| REFERRED TO | | |
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Not available
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| 3/3/2026 | 0 |
COMMON COUNCIL
| ASSIGNED TO | | |
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Not available
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Number 251924 Version SUBSTITUTE 2 Reference 260142 Sponsor COMMON COUNCIL Title A substitute ordinance relating to a temporary pause in the establishment and development of data centers. Section Analysis This ordinance prohibits the establishment of new data centers or the enlargement of existing data centers for 1 year, or until the zoning code is amended to regulate data centers. Body Whereas, The Common Council finds that the unprecedented proliferation of data centers poses new and unique challenges to communities, including impacts to energy and water infrastructure, the environment, and the public health, safety, and welfare; and Whereas, Cities and states across the country are struggling to determine how to regulate this new and unique land use; and Whereas, The current Zoning Code for the City of Milwaukee does not specifically regulate this land use; and Whereas, The Common Council intends for data centers to exist in harmony with the City’s existing Citywide Policy Plan, including the Climate and Equity Plan; and Whereas, Common Council File Number 260142 is intended to amend the City’s Zoning Code to establish a regulatory framework for data centers; and Whereas, It is therefore appropriate to temporarily prohibit the building of new data centers until such a time as the City’s Zoning Code is amended to accommodate this new type of land use; now, therefore The Mayor and Common Council of the City of Milwaukee do ordain as follows: Part 1. In this ordinance, “data center” means a facility, other than a transmission tower, used primarily to operate, maintain, or provide access to computer and network facilities for the transmission of voice, data, text, internet, sound, or full-motion-picture video between network termination points, together with accessory uses and facilities such as offices, air handlers, power generators, generator fuel storage, water cooling and storage facilities, and utility infrastructure that supports... Click here for full text
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