The Little Rock, Ark., Board of Directors has again declined to pause approvals for the largest class of data centers. On Tuesday, Oct. 20, 2026, directors split 4-4 on a temporary six-month moratorium on permitting and approval of hyperscale data centers. The ordinance was sponsored by Ward 3 Director Kathy Webb. Arkansas Times reported that an ordinance needs six votes to pass, so the measure failed.

It is the second time that a moratorium has failed at the board; the first attempt came in August. KATV reported that the August proposal would have imposed an 18-month pause. The vote comes as Google plans a $1 billion data center at the Port of Little Rock, according to both KATV and Arkansas Times. The city's first data center ordinance, approved in June, remains in place.

How the Vote Broke Down

Arkansas Times listed Directors Kathy Webb, B.J. Wyrick, Virgil Miller Jr. and Andrea Lewis as voting yes. Directors Lance Hines, Dean Kumpuris, Joan Adcock and Capi Peck voted no. The outlet noted that Peck was listed as a co-sponsor on the agenda handout. Position 9 Director Antwan Phillips abstained, according to both outlets. KATV reported that Ward 2 Director Ken Richardson was absent.

KATV also noted that three of the directors who voted yes (Miller, Webb and Lewis) are up for reelection.

Webb told Arkansas Times, "It was a shock," adding, "It was not expected." She said she had thought she had five votes.

What the Ordinance Would Have Done

The 10-page ordinance in the city's Oct. 20 agenda packet was titled as a temporary six-month moratorium on permitting and approval of hyperscale data centers. During the pause, the city would have had to produce municipal impact studies and public disclosures on water, wastewater, noise, emergency infrastructure, zoning and monitoring. The text also included an administrative relief procedure and an emergency clause.

Who would have been covered. The agenda text defines a hyperscale data center as a facility that meets any one of three tests:

  • more than 250,000 gross square feet;
  • drawing more than 75 megawatts of grid power; or
  • developed across more than one principal building under common ownership on a single parcel.

What would have stopped. Under Section 5, for six months from the effective date, no city department could approve any of the following for a hyperscale data center:

  • conditional use permits;
  • building or development permits;
  • grading, land disturbance or stormwater permits;
  • site plans;
  • other discretionary approvals.

What was exempt. The draft listed these exemptions:

  • expansions of existing facilities that do not become hyperscale data centers;
  • schools, hospitals and public safety facilities;
  • essential utility and renewable infrastructure not primarily serving a hyperscale data center;
  • projects with legally vested rights.

Required study. Section 6 directed the City Manager, within 60 calendar days of the effective date, to assemble and publish existing agreements, memoranda of understanding, letters of intent and incentive documents tied to hyperscale projects. During the pause, the city was also to complete water, noise, public safety and grid-coordination assessments, with a public hearing before the moratorium ended.

The city's stated reasons. The ordinance's findings cite Entergy Arkansas capacity studies overseen by the Arkansas Public Service Commission, as well as Central Arkansas Water systems. They also cite closures at the Port of Little Rock: a distribution complex and a wind turbine plant.

The packet does not tie any exemption to a specific project. Neither news account reported that the six-month version would have exempted Google's planned port facility.

Why Six Months Instead of 18

KATV reported that Webb said attorneys had suggested a six-month pause, which could be extended. Director Capi Peck asked whether six months would be enough time, according to KATV.

The city's planning staff said the study work would be a heavy load. "The task burden on our department if this is passed will be pretty significant," Planning and Development Director Bradley Jordan said, as quoted by KATV. Arkansas Times quoted him as saying, "Whatever we're asked to do, we'll do it and we'll do it well." He added that doing the work in a short period would be challenging.

The Case Against

Jay Chesshir, head of the Little Rock Regional Chamber, spoke against the ordinance. KATV reported that he said city, state and federal rules already cover many of the issues it raised, and that the proposed limits would hamper recruitment at the Port of Little Rock. Arkansas Times reported that Chesshir pointed to the state health department, the Arkansas Division of Environmental Quality and the U.S. Environmental Protection Agency as already covering most of the topics. He also warned of "legal and litigation risk."

Director Dean Kumpuris made a similar point. KATV reported he said state and federal agencies already have that job.

Arkansas Times reported that about half a dozen residents spoke in support of the moratorium during public comment, and one spoke against it.

What the Result Means

The failed vote leaves Little Rock's rules for data centers where they were before Tuesday. KATV reported that the June ordinance, the city's first set of data center regulations, stays in place. Projects that fall under the hyperscale definition (more than 250,000 square feet, more than 75 MW of grid power, or multiple principal buildings on one parcel, per the agenda text) are not subject to a citywide pause. The existing permitting rules continue to apply to them.

The vote also matters because of the port. Both outlets reported that Google plans a $1 billion data center at the Port of Little Rock. KATV reported that the chamber's Chesshir said the limits would hamper recruitment at the port, and the ordinance's own findings discuss closures there.

What Happens Next

None of the sources reports another vote on a data center moratorium. Asked by Arkansas Times whether she is done pursuing one, Webb said possibly. She also said she had promised in June to make improvements to the city's data center regulation ordinance, adding, "I keep my promises." The sources do not give a date for proposed amendments to the June ordinance. Until the board acts again, KATV reported, that ordinance remains in force.

Sources