The Imperial County Board of Supervisors today approved an urgency ordinance repealing and setting aside Ordinance Nos. 1616 and 1618, which had established and extended an interim urgency moratorium on the approval of data center facilities within the unincorporated areas of Imperial County.
The action was taken in compliance with a Peremptory Writ of Mandate issued by the Imperial County Superior Court in connection with Imperial Valley Computer Manufacturers, LLC v. County of Imperial. The court directed the County to set aside Ordinance Nos. 1616 and 1618 and cease enforcement of the moratorium established under those ordinances.
Ordinance No. 1616 was originally adopted by the Board on June 16, 2026, establishing a temporary moratorium on the approval of data center facilities in the County’s unincorporated areas. The Board subsequently adopted Ordinance No. 1618 on July 14, 2026, extending the moratorium for an additional period.
Under the urgency ordinance approved today, both ordinances are repealed and set aside in their entirety, and the County will cease enforcement of the moratorium. The ordinance also states that the County will not apply or enforce either Ordinance No. 1616 or Ordinance No. 1618 as a basis for withholding, suspending, or refusing to accept, process, review, approve, or issue a permit or entitlement for data center facilities within the unincorporated areas of the County.
The Board’s action does not determine which zoning laws or other regulations may otherwise apply to individual data center applications. Applications remain subject to applicable County land use regulations and other requirements independent of the repealed moratorium ordinances.
The urgency ordinance takes effect immediately and directs County Counsel to take the necessary steps to comply with the court’s judgment and file the County’s return to the writ.