Legislation Details

File #: 251924    Version:
Type: Ordinance Status: Passed
File created: 3/3/2026 In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
On agenda: Final action: 10/13/2026
Effective date: 10/17/2026    
Title: A substitute ordinance relating to a temporary pause in the establishment and development of data centers.
Sponsors: COMMON COUNCIL
Attachments: 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
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
10/16/20262 CITY CLERK PUBLISHED   Action details Meeting details Not available
10/14/20262 MAYOR SIGNED   Action details Meeting details Not available
10/13/20262 COMMON COUNCIL PASSED

Minutes note: Ald. Dimitrijevic made a request for an unanimous sponsorship of this file.
Pass13:0 Action details Meeting details Video Video
10/6/20261 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)
Pass5:0 Action details Meeting details Video Video
10/6/20262 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.
Pass5:0 Action details Meeting details Not available
9/28/20261 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.
Pass5:0 Action details Meeting details Video Video
9/28/20261 CITY PLAN COMMISSION REFERRED TOPass5:0 Action details Meeting details Not available
8/28/20261 CITY CLERK PUBLISHED   Action details Meeting details Not available
7/31/20261 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO   Action details Meeting details Not available
7/31/20261 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO   Action details Meeting details Not available
7/28/20261 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
Pass5:0 Action details Meeting details Video Video
7/17/20261 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
3/24/20261 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO   Action details Meeting details Not available
3/24/20261 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO   Action details Meeting details Not available
3/3/20260 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

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...

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