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Data center regulations in Wisconsin

Graded Moderate and tightening. 18 laws, orders, rulings and local actions, each with its source, reviewed 27 October 2026.

Reviewed 27 October 2026 · Part of the Data Center Rulebook

Regulators set the rules after Legislature passed no data center bill

Moderate↑ TighteningGrid: MISO18 items
12in force
0pending
4local pauses
intact, with conditionstax break
2.4combined index (5 most)
10.9cper kWh, industrial
27 October 2026reviewed
Regulation2.6 / 5
  1. Grid connection3

    The We Energies tariff (April 24, 2026) is mandatory above 100 MW with credit rating requirements, and the May 7, 2026 Alliant order added safeguards.

  2. Power rates4

    The We Energies class (April 24, 2026) requires a 15-year minimum and 100 percent funding of dedicated resources; Alliant was ordered May 7, 2026 to match.

  3. Siting and land use3

    Milwaukee's one-year moratorium (13 October 2026) joins pauses in Bellevue, Kronenwetter and Cottage Grove; the DNR will run a statewide environmental review under an October 2026 settlement.

  4. Tax treatment2

    The sales tax exemption is intact with investment tiers, but Port Washington voters (April 7, 2026) must approve any tax increment district over $10 million.

  5. Permits and water1

    No water, air or disclosure rule is in force; AB 840's water reports died in March 2026.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Wisconsin's Legislature adjourned in March 2026 without passing any data center bill; the Assembly's AB 840 never got a Senate vote. The Public Service Commission has filled the gap. In April 2026 it made We Energies' very large customer tariff mandatory above 100 MW with a 15-year minimum term and full cost responsibility, in May it ordered Alliant Energy to file a stand-alone large-load tariff, and in July it let a petition to loosen credit terms lapse. Local limits are spreading: Milwaukee adopted a one-year moratorium in October 2026, Port Washington voters must approve any tax increment district over $10 million (a rule a judge upheld in October), and projects in Caledonia, DeForest and Menomonie were withdrawn or blocked. A settlement commits the DNR to a statewide environmental review by January 2028. Incentives are unchanged.

Outlook for the next year

The 3 November 2026 election will choose a new governor and Legislature, and data center cost, transparency and NDA bills are expected in the 2027 session; both nominees say data centers should pay for grid upgrades and want NDAs with local governments banned, and neither backs a statewide moratorium. Alliant's stand-alone large-load tariff filing and the commission's review of it are pending. The DNR statewide environmental review runs to January 2028. Milwaukee's moratorium runs to October 2027 unless permanent zoning comes first, and an appeal of the Port Washington referendum ruling is possible.

Does Wisconsin have a data center moratorium in force?

No statewide moratorium, but 4 local pauses are in force as of 27 October 2026, in Bellevue, Cottage Grove, Kronenwetter, Milwaukee. Proposals and expired pauses are not counted.

Is Wisconsin tightening or loosening its rules on data centers?

Tightening. Wisconsin is graded Moderate, which means incentives alongside new costs, limits or local pushback. Regulators set the rules after Legislature passed no data center bill. The outlook above says what is pending.

Which grid operator covers Wisconsin?

Wisconsin sits in MISO. The grid operator decides how a new large load is studied, what it must bring or pay, and whether it can be curtailed first; the state decides siting, permits, tariffs and incentives.

Has Wisconsin cut its data center tax incentive?

No. Wisconsin's data center incentives were not pulled back in 2025 or 2026 as of 27 October 2026.

How regulated are data centers in Wisconsin?

On Genloop's five-line rubric (1 least regulated, 5 most) Wisconsin scores grid connection 3, power rates 4, siting and land use 3, tax treatment 2, permits and water 1, a mean of 2.6. The most regulated line is power rates: The We Energies class (April 24, 2026) requires a 15-year minimum and 100 percent funding of dedicated resources; Alliant was ordered May 7, 2026 to match.

Every item, newest first

18 items: each is a law, order, tariff, ruling, utility action or local decision that changes what a data center must do, pay or disclose, or where it may be built. Failed and pending measures are marked. Each links to its source.

  1. LocalMilwaukeeOct 2026moratoriaIn force

    Milwaukee one-year moratorium on new data centers

    On 13 October 2026 the Common Council voted 13 to 0 for a one-year moratorium on construction of new data centers and expansion of existing ones, of any size, while the city drafts zoning standards; the mayor signed it the next day. Developers may still seek site-specific detailed planned development zoning.

    Source: urbanmilwaukee.com
  2. CourtPort WashingtonOct 2026incentivesIn force

    Judge dismisses business groups' suit against $10 million TID referendum rule

    On 19 October 2026 Ozaukee County Judge Adam Gerol dismissed a January 2026 lawsuit by the Metropolitan Milwaukee Association of Commerce and other business groups against the ordinance requiring voter approval of tax increment districts over $10 million. The ordinance stays in place; MMAC said it may appeal.

    Source: wpr.org
  3. CourtOct 2026waterIn force

    DNR to run statewide environmental review of data centers under settlement

    A settlement dated 16 October 2026 ended a Sierra Club suit over DNR permits for the Port Washington Vantage campus issued without an environmental impact statement. The DNR must complete a statewide strategic analysis of data center water, energy, air and infrastructure effects by January 2028, paid for by Vantage, and apply the Wisconsin Environmental Policy Act project by project.

    Source: sierraclub.org
  4. CourtPort WashingtonSep 2026incentivesIn force

    Judge dismisses challenge to Port Washington tax increment district

    In September 2026 Ozaukee County Judge Adam Gerol dismissed a lawsuit by Great Lakes Neighbors United, filed earlier in 2026, challenging the city's tax increment district 5, which funds about $175 million of infrastructure for the $15 billion Vantage campus for Oracle and OpenAI.

    Source: wpr.org
  5. LocalBellevueAug 2026moratoriaIn force

    Bellevue one-year freeze on data center projects

    Village trustees voted 5 to 0 on 12 August 2026 to block data center development for 12 months while they review health, land use and environmental effects.

    Source: fox11online.com
  6. LocalKronenwetterAug 2026moratoriaIn force

    Kronenwetter one-year pause on data center applications

    The village board voted 7 to 0 in August 2026 to stop accepting or approving data center applications for one year while its plan commission and utility committee study the issue; no proposal was pending.

    Source: wausaupilotandreview.com
  7. CourtWe EnergiesAug 2026costs and tariffsFailed

    Oracle lawsuit against Public Service Commission rules dropped

    Oracle sued the commission in June 2026 over credit rating requirements and ratepayer protections applied to the Port Washington project, then dropped the suit in August 2026, leaving the tariff terms in place.

    Source: wislawjournal.com
  8. LocalCottage GroveJul 2026moratoriaIn force

    Cottage Grove 12-month moratorium on data centers

    On 20 July 2026 the village board unanimously approved a 12-month moratorium on new data center development while it reviews zoning and its comprehensive plan, and said it intends to extend it by six months. No project was proposed.

    Source: wmtv15news.com
  9. RegulatorWe EnergiesJul 2026costs and tariffsFailed

    Petition to reopen We Energies data center tariff case denied

    We Energies, Vantage, Cloverleaf and Oracle asked the commission to reopen its May 2026 order and lower credit and collateral requirements for data center customers. The commission took no action at its 9 July 2026 meeting, so the petition was denied by operation of law.

    Source: urbanmilwaukee.com
  10. RegulatorAlliant EnergyMay 2026costs and tariffsIn force

    Alliant contract for Beaver Dam data center approved with changes (docket 6680-TE-115)

    On 7 May 2026 the commission approved the electric service agreement for Meta's Beaver Dam campus with a stronger termination charge, financial safeguards and reporting, and ordered Alliant to file a stand-alone large-load tariff that future data center customers must use. The commission called the decision preliminary, with a final written order to follow.

    Source: psc.wi.gov
  11. RegulatorWe EnergiesApr 2026costs and tariffsIn force

    We Energies very large customer tariff approved with changes

    On 24 April 2026 the commission lowered the very large customer threshold to 100 MW and made the tariff mandatory above it, removed an option that would have left 25% of generation costs with other customers, and added reporting. Trade press reports a 15-year minimum term and 100% funding of dedicated resources.

    Source: urbanmilwaukee.com
  12. LocalPort WashingtonApr 2026incentivesIn force

    Port Washington referendum on large tax increment districts

    On 7 April 2026 voters approved, with 66%, a measure requiring city voter approval before creating any tax increment district worth more than $10 million. A judge had declined in February to block the vote; a business group challenge to the ordinance was dismissed in October 2026.

    Source: milwaukeenns.org
  13. LocalDeForest, MenomonieApr 2026siting and zoningFailed

    DeForest proposal dropped; Menomonie mayor unseated

    A $12 billion QTS proposal in DeForest was dropped in January 2026 and moved to Iowa. In Menomonie a data center opponent unseated the mayor on 7 April 2026. Janesville ($8 billion) and the Town of Beloit proposals remain contested.

    Source: milwaukeenns.org
  14. State lawMar 2026costs and tariffsFailed

    AB 840 (Assembly Republican data center bill)

    Passed the Assembly 53 to 44 in January 2026: no shifting of data center grid costs to other customers, renewables serving a data center must be on its site, closed-loop cooling, annual water reports and a reclamation bond. The Senate adjourned on 17 March 2026 without a vote.

    Source: spectrumnews1.com
  15. State lawJan 2026disclosureFailed

    AB 722 (Democratic data center accountability bill)

    Would have put data centers in a very large customer class, required quarterly energy reports and an annual fee, and tied the sales tax exemption to labor standards and 70% renewable energy. Republicans voted it down when Democrats offered it as a floor amendment in January 2026.

    Source: wisconsinexaminer.com
  16. LocalCaledonia, MenomonieJan 2026siting and zoningFailed

    Caledonia site withdrawn; Menomonie zoning change

    Microsoft dropped a 244-acre data center site on farmland in Caledonia in October 2025 after resident opposition. Menomonie's council revised its zoning on 5 January 2026, stopping a $1.6 billion proposal on about 320 acres.

    Source: wisconsinexaminer.com
  17. State lawJul 2025incentivesIn force

    2025 Wisconsin Act 16: tax increment carve-out for Port Washington and Beaver Dam

    Signed 8 July 2025. Exempts Port Washington's district 5 and Beaver Dam's district 10 from the 12% equalized value limit if all project costs relate to a data center.

    Source: biztimes.com
  18. State lawJul 2023incentivesIn force

    Data center sales and use tax exemption

    Still available and unchanged by the 2026 session. Qualification is tiered by planned investment and county population, with a $50 million minimum in rural counties.

    Source: wisconsinexaminer.com

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