Clackamas County Commissioners unanimously approve temporary data center moratorium

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After two public hearings drew substantial community participation, the Board of County Commissioners voted unanimously Thursday, Oct. 22, to proceed with a temporary moratorium on data center development in unincorporated Clackamas County. 

The moratorium is intended to give county staff time to study data center development and consider appropriate regulations. 

“This is the start of the conversation of what regulations need to be put in place. Is it a total ban on data centers? What does it look like? That’s what the moratorium is all about … [we’ll] stop the process so we can do our homework,” Commissioner Diana Helm said.

Chair Craig Roberts described the action as the beginning of a broader review.

“This is a temporary moratorium …. It’s really the beginning of a long process. This will allow a thorough review, and there will be a lot more opportunities for public input,” Roberts said.

During the discussion, commissioners identified several considerations they want the county to weigh as it examines how to regulate data center development, including water availability, utility costs, natural resources, infrastructure, land use and economic opportunities.

Commissioner Paul Savas highlighted the importance of protecting water resources and existing industries that depend on them.

“My concern has been with utility costs and water … Clackamas County has a reasonable footprint in farming and nurseries which are dependent on water … There are some responsible concerns to make sure we have the appropriate guardrails in place that make sure our industries that are here today are not seeing any compromise or sacrifices,” Savas said.

Commissioner Martha Schrader said the pace of technological change adds to the challenge of developing policy for an evolving industry.

“We have to be vigilant as we prepare for the future. We are definitely flying into the great unknown – we don’t know where these centers could be located or how. The technology is advancing so quickly that we are not keeping up with any kind of policy sidebars,” she said.

Commissioner Ben West emphasized the importance of taking a balanced approach.

“Looking at how Oregon has taken on issues like this in the past, some of our land use laws overregulate and lack balance, and some of our land use has been innovative, smart and saved us from hassle. I hope we find that balance to allow good economic opportunities and infrastructure to be available to the residents of Clackamas County without sacrificing natural resources,” West said.

The Board held public hearings on Oct. 21 and 22 to hear community perspectives on a potential moratorium and data center development more broadly. Community input will be an important part of the county’s continued consideration of how to regulate data centers.

The moratorium provides a period for further review. The county will continue working on potential regulations beyond Thursday’s vote, with additional opportunities for public participation as the process moves forward.

The moratorium takes effect immediately and shall remain in place for a period of 120 days, unless earlier extended or repealed.