Scope
Town of East Fishkill Local Law No. 3 of 2026, as set out in the Town Board minutes of 25 June 2026, provides that, until the completion of federal and state studies on power consumption, water usage, noise and heat, no data center shall be permitted or considered within the town for a period of three years, unless it is ancillary to an existing or permitted use and less than 20 MW or eligible for an Economic Development Special Permit. The same local law provides that until 31 December 2026 the town's boards will not process, review or accept development applications on undeveloped land in the Industrial Districts, except land with existing approvals and projects granted an Economic Development Special Permit. Section Three states that the local law will be in effect until 1 July 2029.
- Geographic scope
- Town of East Fishkill, New York
- Jurisdiction
- Local
- Authority type
- Local government
- Issuing authority
- East Fishkill Town Board
Dates
- Adopted
- 25 June 2026
- Effective
- Effective status not verified
- Scheduled expiration
- See completion condition
- Ended
- Not recorded as ended
- Completion condition
- Section Three states: 'This Local Law will be in effect until July 1, 2029.' The data center provision is stated as lasting three years and the industrial-district provision runs until 31 December 2026. Section Five states: 'This Local Law will become effective upon its adoption with the New York State Secretary of State.' Because the effective day is not shown, the record's status does not carry a scheduled end; the printed end is 1 July 2029.
- Source document
- 25 June 2026
- Last checked
- 30 October 2026
Summary
The East Fishkill Town Board adopted Local Law No. 3 of 2026 on 25 June 2026, with all five members voting in favor according to the meeting minutes. The local law provides that no data center shall be permitted or considered in the town for three years, except ancillary uses under 20 MW or projects eligible for an Economic Development Special Permit, and separately pauses development applications on undeveloped industrial land until 31 December 2026. It states that it becomes effective upon its adoption with the New York State Secretary of State, and that it will be in effect until 1 July 2029. It is a temporary local law, not a permanent prohibition, and it does not order existing facilities to close.
What this does not establish
- The evidence is the local law text and roll-call vote recorded in the Town Board minutes of 25 June 2026. The local law as filed with the New York Secretary of State was not opened, and the day it took effect is not shown.
- A resolution adopted at the same meeting to create a Data Center Study Task Force describes the moratorium as applying within the Industrial Zone, while the local law's data center provision refers to the whole town; the local law's own words are used here.
- The industrial-district pause that runs until 31 December 2026 is not limited to data centers.
- The local law refers to a statewide data center moratorium bill then awaiting the Governor's approval; this record does not address any state action.
- The 1 July 2029 end is printed in the local law; it is given in the completion condition rather than as a stored end because the effective day is not shown.
Unresolved questions
- On what day the local law took effect: Section Five says it 'will become effective upon its adoption with the New York State Secretary of State', and no filing or effective day is shown.
- Whether the Town Board changes or ends the moratorium before 1 July 2029, including after the task force reports.
Relationships
Supersession means a later instrument replaces the earlier legal effect. Repeal links identify the repeal instrument and the measure it ends. A later implementation or related letter is not treated as a replacement unless the record says so.
- No related action is recorded.
Sources
Primary source: East Fishkill Town Board page on eastfishkillny.gov