Buffalo Moves Toward Two-Year Data Center Moratorium, Local Law Still Needed

The Buffalo Common Council has moved to pause new data centers and cryptocurrency mining facilities in the city for two years, but the measure is not yet a binding ban. The Buffalo News reported that the Council unanimously approved a resolution for the two-year moratorium at its Tuesday meeting, and that city lawyers told members a separate local law will be needed to actually stop new construction Buffalo News. This is a developing story, and the next Council vote will decide whether the pause takes legal effect.

For developers, utilities, contractors and landowners eyeing Buffalo for large computing facilities, the action adds a local layer on top of New York's statewide hold on large data center permits, and it signals that the city intends to write its own zoning rules before any new projects move forward.

What Happened

North District Council Member Joseph Golombek introduced the resolution seeking a two-year moratorium on new data center and crypto mining facilities within city limits WBEN. At a Community Development Committee public hearing, nearly a dozen community members and advocates spoke in support WBEN. Golombek said the goal is to "give the city time to update its zoning rules" and to make sure future projects do not strain neighborhood infrastructure such as water and sewer systems Spectrum News.

At the full Council meeting, members amended the measure to require a nine member task force to propose new regulations, laws and amendments for data centers and similar facilities Buffalo News. Majority Leader Leah Halton-Pope said, "This would require that this task force is put together," and said the group would draw on the city planner, the city's climate action manager and community members representing environmental, resident and business perspectives NY1.

Where Things Stand

Reports describe the procedural status somewhat differently, so the details are worth spelling out.

• Resolution passed: The Buffalo News reported unanimous approval of the resolution Buffalo News.
• Local law still needed: The Corporation Counsel's Office told members the city must enact a local law to prevent new construction of covered facilities, and city lawyers will help draft it for a separate vote Buffalo News.
• Next vote: NY1 reported the amended measure was expected to return for a full vote in about two weeks NY1. No exact date has been published.
• Mayor's review: Mayor Sean Ryan said his administration is reviewing the resolution with Corporation Counsel and will weigh that guidance before deciding how to proceed Buffalo News NY1.

Until a local law is adopted, the city has stated its intent but has not legally barred any project. Developers and contractors should treat the moratorium as pending.

What Would Be Covered

According to a related Buffalo News summary, the resolution targets data centers supporting 20 megawatts or more of electricity use, along with facilities used for cryptocurrency mining and blockchain authentication Buffalo News. The final local law could change those terms, so the threshold should be confirmed once the ordinance text is released.

Ryan has said the city would check with institutions that already run large computer storage facilities to make sure the proposal does not unintentionally affect them WBEN. He also said he shares concerns about the effects of large data centers on neighborhoods, utility costs, and water and electrical systems, and that he supports the state's Responsible Data Center Development Act NY1. WBEN reported that Ryan's office had been preparing a one-year moratorium by executive order but withdrew it after the state acted WBEN.

How It Fits With the State Moratorium

Governor Kathy Hochul signed Executive Order 62 on July 14, 2026, creating what her office called the nation's first moratorium on new hyperscale data centers Governor's Office. The order applies to facilities whose equipment consumes or can consume 50 megawatts or more Executive Order 62. It directs the Department of Environmental Conservation to hold discretionary permit applications for data center construction or expansion that were not deemed complete before July 14 Executive Order 62.

The state hold lasts until the Department of Public Service completes a Generic Environmental Impact Statement on energy, water and air impacts, which the Governor's office described as a pause of up to one year Governor's Office Executive Order 62. The order excludes facilities used primarily for manufacturing, research, education or medical care Executive Order 62. Empire State Development was also directed to issue a Community Investment Framework to guide localities negotiating community benefits Governor's Office.

Buffalo's version would be longer, at two years, and appears to reach smaller facilities, at 20 megawatts compared with the state's 50 megawatts. If both apply, a project in Buffalo could face the state permit hold first and then the city's local restrictions.

Implications for Owners, Developers, Contractors and Subs

• Developers and landowners: Sites in Buffalo being marketed for data center or crypto use carry new zoning risk. Projects that need city approvals during the moratorium window should expect delays until the task force's rules are adopted.
• Electrical and mechanical contractors: Large data center work is among the most power and cooling intensive construction available. A two-year city pause would push that pipeline in Buffalo toward suburban or out of state sites, or toward excluded uses such as research and institutional computing.
• Owners with existing server facilities: Hospitals, universities and businesses that run their own computing rooms should watch the final definitions, given the mayor's stated plan to avoid unintended effects WBEN.
• Utilities and infrastructure designers: Council members tied the pause to water, sewer and grid capacity Spectrum News. Future city rules may require infrastructure studies or community benefit commitments before approval.

What to Watch

• The text of the local law, including the megawatt threshold, exemptions and effective date Buffalo News.
• The Council's follow-up vote, reported as expected in about two weeks after September 29 NY1.
• Ryan's decision after Corporation Counsel review NY1.
• Appointment of the nine member task force and its schedule for zoning recommendations Buffalo News.
• Completion of the state's Generic Environmental Impact Statement, which would lift the state hold Governor's Office.

Bottom Line

Buffalo has signaled it wants a two-year pause on new data centers and crypto mining while it writes its own rules, but the pause will not have legal force until the Council passes a local law Buffalo News. Combined with the state's July moratorium on large facilities, the action adds a second layer of review for anyone planning a large computing facility in Buffalo Executive Order 62.

Image credit: Spectrum News NY1. Image from the source article.

Sources

• Buffalo News, City approves data center moratorium, but must also pass law: https://buffalonews.com/news/local/government-politics/article_91819ba9-0f04-486c-bf39-870a1b503673.html
• NY1, Buffalo delays data center moratorium, creates task force: https://ny1.com/nyc/all-boroughs/news/2026/09/30/buffalo-data-center-moratorium
• Spectrum News, Buffalo Common Council moving forward with proposed 2-year data center moratorium: https://spectrumlocalnews.com/nys/buffalo/politics/2026/09/22/buffalo-common-council-moving-forward-with-proposed-2-year-data-center-moratorium
• WBEN, Despite data center moratoriums, preparations continue: https://www.audacy.com/wben/news/local/despite-data-center-moratoriums-preparations-continue-for-their-arrivals
• New York Governor's Office, statewide moratorium announcement, July 14, 2026: https://www.governor.ny.gov/news/first-statewide-moratorium-new-hyperscale-data-centers-launched-governor-kathy-hochul
• New York Executive Order No. 62: https://www.governor.ny.gov/executive-order/no-62-establishing-temporary-moratorium-data-centers-new-york-while-state-develops