Hyperscale Data Center MoratoriumCity of Dubuque
City Council
ACTION ITEMS # 1.
Copyrighted
September 8, 2026
ITEM TITLE: Hyperscale Data Center Moratorium
SUMMARY: City Attorney requesting City Council adoption of the
Hyperscale Data Center Moratorium Ordinance.
ORDINANCE Amending City Of Dubuque Code Of
Ordinances Title 4 Business And License Regulations And
Adopting A New Chapter 10 Temporary Regulation Of
Hyperscale Data Centers
SUGGUESTED Receive and File; Motion B; Motion A
DISPOSITION:
ATTACHMENTS:
1. Council —Moratorium Adoption Recommendation_9-3-26
2. Data Center Ordinance Title 4 Chapter 10_ 09-03-2026
THE CITY OF
DUB E
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, ESQ.
CITY ATTORNEY
TO: MAYOR BRAD M. CAVANAGH AND MEMBERS OF THE CITY COUNCIL
DATE: SEPTEMBER 3, 2026
RE: HYPERSCALE DATA CENTER MORATORIUM
Dubuque
AII•Amerin Clq
I I
2007-2012.2013
2017*2019
Pursuant to City Council direction I have prepared a 6-month moratorium for hyperscale
data centers. Any of the following would be considered a hyperscale data center under
the moratorium ordinance:
1. Square Footage exceeding 100,000 square feet of gross floor area.
2. Electrical Demand, planned or actual, exceeding 75 megawatts (MW).
3. Server Count of 10,000 or more servers, whether owned, leased,
colocated, or distributed across multiple connected structures.
4. Water Usage of 50 gallons per minute or more of water for cooling or
operational processes, measured as instantaneous or sustained
average usage.
I respectfully request City Council adoption of the Hyperscale Data Center Moratorium
Ordinance.
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 589-4381 / FAx (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street, Suite 330, Dubuque IA, 52001 (563)589-4381
ORDINANCE NO. - 26
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND
LICENSE REGULATIONS AND ADOPTING A NEW CHAPTER 10 TEMPORARY
REGULATION OF HYPERSCALE DATA CENTERS
WHEREAS, the City of Dubuque, Iowa, acting under its home -rule authority and
police powers pursuant to the Constitution and laws of the State of Iowa, is charged with
protecting the public health, safety, and welfare; and
WHEREAS, the City is actively studying issues related to large-scale data centers,
including water use, energy demand, noise, air emissions, land use impacts,
infrastructure capacity, environmental considerations, and long-term community effects;
and
WHEREAS, staff has initiated a comprehensive review of technical standards,
peer -community ordinances, public engagement findings, and relevant regulatory
frameworks to inform a permanent data center ordinance; and
WHEREAS, recent inquiries and interest in potential data center development
require the City to temporarily pause hyperscale-scale proposals to prevent premature or
unregulated construction that may pose significant impacts before the City's full ordinance
can be completed; and
WHEREAS, a temporary moratorium is a legally recognized and prudent tool that
preserves the status quo while allowing the City to complete research, draft a
comprehensive regulatory framework, and solicit final Council and public input.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Title 4 is amended by adding
thereto the following new Chapter 10-
CHAPTER 10
4-10-1: TEMPORARY MORATORIUM ON HYPERSCALE DATA CENTERS:
A. Purpose: The purpose of this Section is to impose a temporary, six-month
moratorium on the establishment, construction, permitting, or expansion of hyperscale
data centers within the City of Dubuque in order to allow sufficient time for staff and
Council to develop, consider, and adopt a permanent data center ordinance.
B. Definitions:
For purposes of this Chapter, a "Hyperscale Data Center" means any facility,
development, operation, or campus meeting one or more of the following criteria:
1. Square Footage exceeding 100,000 square feet of gross floor area.
2. Electrical Demand, planned or actual, exceeding 75 megawatts (MW).
3. Server Count of 10,000 or more servers, whether owned, leased,
colocated, or distributed across multiple connected structures.
4. Water Usage of 50 gallons per minute or more of water for cooling or
operational processes, measured as instantaneous or sustained average
usage.
A facility that meets any single criterion shall be considered a hyperscale data
center for purposes of this Section.
C. Moratorium Imposed:
1. Prohibition on Acceptance and Processing.
Effective immediately, no City department shall accept, process, review, approve,
or issue any application, permit, site plan, zoning request, utility extension request,
building permit, or other authorization for the establishment, construction, siting, or
expansion of a hyperscale data center.
2. Suspension of Pending Applications.
Any pending application that meets, or may reasonably be determined to meet, the
definition of a hyperscale data center is hereby suspended and shall not proceed
during the moratorium period. Applicants shall be notified of the suspension and
informed that processing may resume only after expiration or repeal of this Section.
3. Exemptions.
The moratorium does not apply to:
a. Routine maintenance, repair, or minor modifications to existing non
hyperscale facilities;
b. Emergency work necessary to maintain public safety;
c. City owned IT or data infrastructure.
D. Duration: This moratorium shall remain in effect for six (6) months from the
effective date of adoption unless extended, amended, or repealed by the City Council.
E. Research and Ordinance Development:
During the moratorium period, City staff shall:
1. Conduct all remaining technical research regarding water, energy,
stormwater, environmental, land use, and infrastructure impacts of data
centers;
2. Draft a comprehensive data center ordinance for Council consideration
that addresses siting, operations, water and energy usage, environmental
protections, monitoring, reporting, noise and lighting, emergency response,
decommissioning, and related standards;
3. Lead any additional public engagement as directed by the Council;
4. Present the proposed ordinance for review prior to expiration of the
moratorium.
F. Severability: If any portion of this Chapter is held invalid by a court of competent
jurisdiction, such invalidity shall not affect the remaining provisions, which shall remain
in full force and effect.
Section 2. Effective Date.
This ordinance shall take effect upon publication.
Passed, approved, and adopted this day of 12026.
Brad Cavanagh, Mayor
Attest:
Adrienne Breitfelder, City Clerk