Delaware Data Center Moratorium Tracker
Delaware has 3 state-level data-center restrictions in force. 4 city and county measures are tracked here, 3 of them in force. Every entry below links to its primary source: a legislature page, a governor's office, a local government, or the reporting of record.
State-level measures in Delaware
Every statewide moratorium, pause, siting restriction, or tax-incentive rollback in Delaware we can verify against a primary source. Strongest status first.
| Measure | Status | What it does | Source |
|---|---|---|---|
| HB 233 (Substitute 1)Large energy-use facilities bear their own infrastructure costs | In force 2026-08 | House Substitute 1 for HB 233 was signed by Gov. Matt Meyer on Aug. 26, 2026 (Chapter 85:440). It requires a separate utility rate class for large energy-use facilities of 20 MW or more, such as data centers, so infrastructure and capacity costs are not shifted to other customers. | |
| HB 445100% new energy requirement for large energy-use facilities | In force 2026-08 | Signed by Gov. Matt Meyer on Aug. 26, 2026. Requires large energy-use facilities such as data centers to produce or secure 100 percent of their required power (bring your own generation). | |
| HB 310Large energy-use facilities barred from job-creation tax credits | In force 2026-08 | Gov. Matt Meyer signed HB 310 on Aug. 26, 2026, as part of a four-bill energy consumer protection package. It prohibits large energy-use facilities such as data centers from receiving the state's job-creation tax credits. | |
| SB 353Defeated statewide moratorium on data centers | Failed / vetoed 2026-06 | SB 353: statewide moratorium on permits for 100+ MW data centers through Jan 31, 2027; motion to suspend rules failed 6-15 in the Senate. Legislature passed a restrictions package (HB 233/HB 445/HB 310/SB 326) instead. The measure has no documented term. |
City and county moratoria in Delaware
Most of the movement is local, where a building pause or permit halt does not need a legislative session. 4 tracked measures in Delaware, each with its source.
Where Delaware stands
Across the whole tracker we hold 334 state-level measures in 49 states and 1253 city and county measures, against 1419 primary sources. Delaware accounts for 4 of the state-level measures and 4 of the local ones.
By total measures on record it is #41 of the 50 states and DC carrying any tracked action, and #43 by city and county measures alone. Ranking is by count of sourced entries in this dataset, so it measures documented activity, not the size of the buildout.
Sources for Delaware
7 citations behind the entries above. Each opens in a new tab.
- Statewide · HB 233 (Substitute 1) — Large energy-use facilities bear their own infrastructure costs legis.delaware.gov →
- Statewide · HB 445 — 2 separate measures, cited together news.delaware.gov →
- Statewide · SB 353 — Defeated statewide moratorium on data centers legis.delaware.gov →
- Harrington — Rejection of ordinance allowing data centers wboc.com →
- Kent County — County moratorium on data centers with no end date spotlightdelaware.org →
- New Castle County — County moratorium on data centers with no end date delawarepublic.org →
- Dover — Proposed 18-month pause on data center reviews delawarepublic.org →
What does bind large loads in Delaware
A moratorium is only one way a data center gets stopped. The grid operator decides whether it can connect at all, and on what terms. Delaware sits in 1 footprint.
Entire state in PJM (Delmarva Power).
States next door
3 of the 3 states bordering Delaware have at least one data-center measure on record. Restrictions tend to travel between neighbors, so this is usually where the next one comes from.
Data centers in Delaware
The US Data Center Map identifies 7 facilities run by 6 operators in Delaware, each one placed from primary sources and listed by city and by operator, with the measures on this page beside them.
Open the Delaware data center map → · The US Data Center Map →
How to read this page
In force = a moratorium, siting restriction, or tax-incentive rollback that is currently enacted, by statute or executive order. Paused = a temporary hold on new incentives or applications. Proposed = introduced and still pending. Failed / vetoed = died in committee, was voted down, or was vetoed.
This page is generated from the same primary-sourced dataset as the national U.S. Data Center Moratorium Tracker and is re-checked on the same weekly cycle, whether or not anything changed. Legislative status changes quickly; it is informational, not legal advice. Spot something out of date in Delaware? Tell us.
Companion references: the Data Center Grid Operator Watchlist for the interconnection and curtailment rules that bind here, the Data Center Water Tracker for water mandates, and the Data Center Delay Watchlist for named projects.
Why Delaware is pushing back
The objections repeat from state to state: strain on the electric grid, water drawn for cooling, and the sense that a facility takes local resources without giving much back. SAVRN builds AI factories designed around those three objections: on-site power that does not lean on the public grid, direct-to-chip cooling that does not consume municipal water, and a training institute that puts local people to work inside the building.
See how a SAVRN factory works Talk to us about a Delaware site