Chicago has joined a growing number of cities pushing back against the rapid expansion of data centres, with Mayor Brandon Johnson signing a sweeping executive order on August 11, 2026.
The order, formally titled “Protecting Chicagoans’ Clean Water, Clean Air, Energy Affordability, and Quality of Life,” is designated Executive Order 2026-5 and establishes an enhanced regulatory framework for data centre development across the city.
One of its most significant features is a call on the City Council to enact a temporary moratorium on new data centre construction and material expansions of existing facilities.
The order places immediate responsibility on the city’s Chief Sustainability Officer, who must publish data centre air pollution and noise rules within 90 days of the order’s effective date.
That deadline falls on approximately November 9, 2026, though the Mayor retains the authority to extend it should circumstances require.
New air permit conditions will be incorporated into annual certificates of operation under Section 11-4-660 of the Municipal Code, giving regulators a structured annual mechanism to enforce compliance.
Under Section 3 of the order, any proposed Planned Development that includes a data centre must trigger notifications to the Commissioners of Buildings, Business Affairs and Consumer Protection, Environment, and Water Management.
Each of those commissioners has 60 days to provide written recommendations and proposed conditions, which the Department of Planning and Development must include in any ordinance submitted to the City Council.
The review process will consider a broad range of factors including projected electricity demand, water consumption, emergency power generation, air emissions, noise impacts, cumulative environmental effects, transportation impacts, and the effects on neighbouring communities.
Section 3 of the order will automatically rescind once the City Council enacts a formal moratorium ordinance, signalling that the enhanced review process is designed as a bridging measure rather than a permanent fixture.
An Interdepartmental Data Center Environment and Community Protection Task Force has also been established, co-chaired by the Chief Sustainability Officer and the Mayor’s Chief of Police.
The task force draws representatives from Building, Environment, Planning and Development, Technology and Innovation, and Water Management, as well as other designated city personnel.
It is charged with evaluating the Sustainable Data Centers Working Group’s recommendations, engaging residents, subject-matter experts, and stakeholders throughout the process.
The task force must deliver its recommendations and proposed Municipal Code amendments to the Mayor by March 15, 2027, covering permitting, impact controls, licensing, zoning, and reporting requirements.
Existing data centre operators in Chicago should review their current air pollution permits immediately and prepare for new conditions at their next annual certificate of operation renewal, given the timeline now in motion.