North Carolina Lawmaker Criticized Data Center Moratoria
State Representative Jake Johnson challenged local restrictions on data center development across North Carolina.
Updated on Oct. 2, 2026 in Data Centers
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State Representative Jake Johnson has criticized North Carolina local governments for imposing moratoria on data center construction projects. The rebuke follows a judicial ruling that forced Chatham County to allow a development by Kirk Bradley to move forward.
Why it matters
Local governments have sought to implement construction pauses to address community concerns regarding data center impacts. Rep. Johnson argues that existing property rights regulations prevent these entities from altering land-use rules once development is already underway.
Loudoun County, Virginia currently hosts 233 data center sites, serving as a benchmark for regional capacity. Property acquisition for the contested Triangle Innovation Point project in Moncure began in 2022.
The players
Jake Johnson
He is a Polk County Republican and co-chair of the North Carolina House Oversight committee.
Kirk Bradley
He is the leader of Lee-Moore Capital and the developer behind the Triangle Innovation Point project.
The details
A judge ruled that Chatham County must permit a data center project led by Kirk Bradley to proceed and pay damages for the delay. Lawmakers have signaled they may withhold tax breaks or power rate subsidies from jurisdictions that block these projects.
Timeline
Property acquisition for the Triangle Innovation Point project began in 2022.
North Carolina prohibited de facto downzoning in 2025.
Rep. Johnson discussed the issue during a webinar on October 1, 2026.
The Tech Race
This dispute over data center siting follows the pattern of state-level efforts to preempt local land-use authority established by the 2025 prohibition of de facto downzoning. The friction highlights the growing tension between rapid digital infrastructure expansion and local zoning control.
Decisions regarding data center moratoria affect residents by influencing the regional availability of high-tech infrastructure and associated economic subsidies. Changes in how these projects are zoned can alter local tax bases and potential power rate structures for utility customers.
The takeaway
The legal battle in Chatham County underscores the limits of local government authority when pitted against state-level development priorities. Property owners and developers should monitor whether future legislation further restricts the ability of local municipalities to pause infrastructure projects.
Further reading
For more on the industry's physical growth, see our coverage of Data Centers.
Source note: This article includes information reported by Business North Carolina.
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Should local governments be permitted to place construction moratoria on new data center projects?
