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Ashwaubenon, WI Data Centers & Crypto Mining: Data Center Moratoriums (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Ashwaubenon Code § 17-10-100
Enacting ordinance
Ord. No. O6-1-26, 6-23-2026
Hyperscale threshold
100,000 sq ft or 20 MW capacity
Moratorium length
12 months from publication
Effect
No permits/approvals accepted or granted
State authority cited
Wis. Stat. §§ 61.34(1), 61.35, 62.23(7)

Summary

The Village of Ashwaubenon has frozen all permits and approvals for hyperscale data centers under Ordinance No. O6-1-26, adopted June 23, 2026. Section 17-10-100 blocks any application to place or build a hyperscale facility, defined as 100,000+ square feet or 20+ megawatts of capacity, for 12 months while the Village studies impacts and drafts standards.

(A) For the purpose of this section, "Data Center" means one or more facilities that house computing and networking equipment, along with storage and management systems, to support the storage, processing, retrieval, and distribution of digital data and applications. ... (B) For the purpose of this section, "Hyperscale Data Center" means a data center, including campus-style developments with multiple buildings, that has either a total combined floor area of 100,000 square feet or more; or a planned or installed electrical capacity of 20 megawatts or greater. ... (C) ... the Village of Ashwaubenon enacts the following moratorium: Notwithstanding any other provision in this Chapter, there shall be a moratorium on the receipt of applications and the granting of all permits or approvals for the placement or construction of hyperscale data centers in the Village of Ashwaubenon. ... The moratorium shall be in effect for a period of 12 months from the date of this ordinance is published or until the Village Board adopts amendments to this ordinance or rescinds this moratorium, or both.

Full Breakdown

Article 10 of the zoning chapter, added by Ordinance No. O6-1-26 on June 23, 2026, defines a 'Data Center' as one or more facilities housing computing and networking equipment plus storage and management systems for digital data and applications, and narrows in on a 'Hyperscale Data Center' as a data center, including multi-building campus developments, that hits either a combined floor area of 100,000 square feet or more, or a planned or installed electrical capacity of 20 megawatts or greater. Citing its authority under Wis.

23(7), the Village Board enacted a flat moratorium: no applications for hyperscale data center permits or approvals will be received or granted in Ashwaubenon while it is in force, regardless of any other provision in Chapter 17. The Village's stated purpose is to buy time to research the environmental, economic, health and safety impacts of hyperscale facilities and to let the Village Plan Commission hold hearings and recommend zoning and regulatory amendments to the Village Board before any project is allowed to move forward. The moratorium runs for 12 months from the ordinance's publication date, June 23, 2026, meaning it is set to expire around June 23, 2027, unless the Village Board adopts amendments or votes to rescind it first, either of which would end the freeze early.

The section is careful to say it is not a 'development moratorium' as that term is defined in Wis. 1002(1)(b), a distinction that matters because that state statute imposes separate procedural requirements on moratoria that qualify under its definition. As of this writing, current to the Village's June 24, 2026 code update, no hyperscale project can obtain siting or building approval in Ashwaubenon regardless of the underlying zoning district.

Violations & Fines

Section 17-10-100 itself does not spell out a separate penalty schedule; instead, any permit or approval issued in conflict with the moratorium is void because Section 17-9-200(A) requires every village official with permitting authority to conform to Chapter 17 and bars them from issuing a permit that conflicts with it. General zoning violations under Chapter 17 are subject to the penalty in Section 1-1-13 and the forfeiture schedule of the Village Municipal Court, and the Village Attorney can seek injunction, mandamus, abatement or removal against noncompliant construction.

Frequently Asked Questions

Is Ashwaubenon currently accepting applications for hyperscale data centers?
No. Section 17-10-100, enacted by Ordinance No. O6-1-26 on June 23, 2026, imposes a 12-month moratorium barring the Village from receiving applications or granting any permit or approval to place or construct a hyperscale data center, defined as 100,000+ square feet or 20+ megawatts, anywhere in the Village.
When does Ashwaubenon's data center moratorium end?
It runs 12 months from the ordinance's publication on June 23, 2026, putting the default expiration around June 23, 2027, but it can end sooner if the Village Board adopts the zoning amendments it is studying or votes to rescind the moratorium outright.
Does Ashwaubenon's moratorium count as a state-law 'development moratorium'?
No, the ordinance expressly says it is not intended to be, and does not, constitute a 'development moratorium' as defined in Wis. Stat. § 66.1002(1)(b), which keeps it outside that statute's separate procedural requirements for moratoria.

Sources & Official References

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