National jurisdiction · as of 2026-07-24
No federal statute permits a data center as such. Federal law reaches a project through overlays: NEPA environmental review where a federal action is involved, Clean Air Act new source review for backup generator fleets as implemented by state and district permitting programs, Clean Water Act stormwater permits during construction, and Federal Power Act jurisdiction over wholesale grid interconnection. The siting decision itself is made under state and local law, and the state pages pick up from there. Congress and FERC are actively examining large-load interconnection and co-location questions raised by data-center demand, but as of this review no data-center-specific federal permitting statute is in force.
4 instruments on record, grouped by the family of approval each one governs.
What impact review must precede approval, and who leads it?
42 U.S.C. 4321 et seq.
Effective 1970-01-01 · Applies to government
Requires federal agencies to review the environmental effects of major federal actions. A data center triggers NEPA only through a federal hook such as federal land, federal funding, or a federal permit; most private projects on private land never enter NEPA review.
Source: 42 U.S.C. 4321 et seq.
What authorizations govern grid connection and onsite generation?
16 U.S.C. 824 et seq.
Applies to private
Transmission-level interconnection and wholesale rates fall under FERC jurisdiction through utility and RTO tariffs. Retail service and distribution-level connections are state-regulated. FERC proceedings on co-located large loads at generating facilities are ongoing.
Source: 16 U.S.C. 824 et seq.
What codes and permits govern the build itself?
33 U.S.C. 1342
Applies to both
Construction that disturbs one acre or more requires stormwater discharge coverage, issued as a construction general permit by EPA or by states with delegated NPDES programs.
Source: 33 U.S.C. 1342
What permits govern backup generators and ongoing emissions?
42 U.S.C. 7401 et seq.
Applies to both
Backup generator fleets are stationary sources. Most data-center fleets permit as minor sources under state or district new source review programs implementing the Act; very large fleets can cross major-source thresholds into prevention of significant deterioration review and Title V operating permits.
Source: 42 U.S.C. 7401 et seq.
The generic United States sequence: local land-use approval with environmental review where a statute requires it, then utility service, construction permits, and operational air permits. States with an authored profile override this.
| # | Step | Authority level | Legal basis |
|---|---|---|---|
| 1 | Site control (deed or lease) | local | State recording acts (deeds recorded with the county recorder); land-use applications require proof of ownership or the owner's authorization |
| 2 | Environmental review applies where a federal action or a state review statute applies |
local | NEPA for federal actions; state environmental review statutes where they apply |
| 3 | Land-use approval | local | Local zoning code under the state zoning enabling act |
| 4 | Rezoning applies where the site's zoning does not already allow the use |
local | Local zoning code |
| 5 | Natural gas service applies where the facility uses natural gas |
utility | Serving gas utility tariff |
| 6 | Utility interconnection | utility | Serving-utility tariff; FERC-jurisdictional interconnection for wholesale service |
| 7 | Wastewater service | utility | Serving sewer authority; state discharge rules for onsite systems |
| 8 | Water service commitment | utility | Serving water supplier's will-serve practice |
| 9 | Building permit | local | State building code as locally adopted |
| 10 | Stormwater and grading applies where land disturbance passes permit thresholds |
local | Clean Water Act construction general permit; local drainage standards |
| 11 | Air permit for backup generators | regulator | Clean Air Act minor new source review as implemented by the state or district |
| 12 | Public agreements and incentives applies where negotiated with the host jurisdiction |
local | State economic development statutes; local development agreements |
Steps are shown in their typical order; steps at the same stage usually run concurrently, and conditional steps apply only where noted. Per-facility status against this path is tracked on the United States record.
Every entry cites the instrument it describes. None of it is legal advice: verify a citation before relying on it. Full sourcing: read the methodology. The rest of the record: all jurisdictions.