Cochise County Board chair explains data center moratorium status and legal requirements

Frank Antenori, District 3 Chair at Cochise County
Frank Antenori, District 3 Chair at Cochise County
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Cochise County Board of Supervisors Chairman Frank Antenori said on April 3 that a proposed moratorium on data center development is not currently scheduled for action at the upcoming April 7 Board meeting.

The issue has drawn attention following a March 11 Planning and Zoning Commission meeting, where members voted narrowly to recommend the Board consider a temporary halt on new data center applications. The goal of such a pause would be to allow more time to study possible effects from large-scale facilities, including water use and demands on electrical infrastructure.

Antenori said Arizona law sets specific conditions for adopting any development moratorium. Before one can be approved, the county must publish public notice at least thirty days before a hearing, prepare detailed written findings justifying the need for the moratorium, and hold a formal public hearing. He explained that these are not just procedural steps but legal requirements under A.R.S. §11-833: ā€œArizona law sets a high bar for adopting a moratorium,ā€ he said. ā€œThe Board must be able to support that decision with clear, defensible findings. Without that the County risks legal challenges and potential liability.ā€

County staff have advised that these requirements cannot currently be met because there is no active application for any data center in Cochise County or site-specific technical analysis showing measurable impacts on infrastructure or safety. Instead, officials are considering updated zoning rules that would formally define data centers, require special use authorization, and set standards addressing water use, utilities, fire protection and other impacts.

ā€œThis approach ensures that decisions are based on real data tied to actual projects,ā€ Antenori said. ā€œIt allows the County to ask the right questions, apply appropriate standards and make informed decisions without overstepping legal boundaries.ā€

In related educational matters within Cochise County: seventy percent of students in grades three through eight did not pass the mathematics section of the 2022-23 school year AASA according to state education reports. Seventy-six percent of high schoolers failed mathematics in the same year’s ACT as reported by state sources. For English language arts during 2022-23 testing periods: sixty-two point four percent of students in grades three through eight did not pass AASA according to state education authorities, while sixty-five percent of high schoolers failed English in ACT testing state records show.

Recent figures indicate some improvement: twenty-seven percent of high schoolers passed mathematics in ACT testing during 2023-24 according to state results, while twenty-eight point five percent of third through eighth graders passed math in AASA tests state reports confirm.

Antenori concluded by saying that while no statutory process has been started regarding a moratorium at this time, “the Board remains committed to careful, lawful decision-making and will continue to evaluate development issues as information becomes available.”



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