In October 2026, the Lincoln Institute of Land Policy published a guide for communities hosting data centers. It starts from a fact: in the first quarter of 2026, according to Data Center Watch, local opposition blocked or delayed 75 US projects representing $130 billion of investment. Part of the guide is specific to US law. Several ideas still matter for French communities and landowners.
1. SET PRIORITIES BEFORE NEGOTIATING
The guide recommends that a community define what it expects before meeting the developer, not during negotiation under time pressure: water, noise, jobs, grid, benefits, future land use. It also separates a community that tolerates a project from one that supports it because its concerns were heard.
2. THE QUESTIONS TO ASK
Peak-day and summer water use, not just the annual average
Rejected heat, its effect on neighbouring areas, and what can be reused
The grid works the project will bring: lines, substation, construction
What happens if the project stops midway, or the site is abandoned
In France, part of this is already regulated: noise from classified installations and neighbourhood noise are subject to rules, and the law of 26 May 2026 allows a data center permit to be refused in water-stressed areas.
3. THE RISK OF AN ABANDONED SITE
The guide stresses a rarely discussed risk: a data center stopped, partly built or abandoned early, as operators consolidate into newer campuses or a site fails to secure power. It notes that there is no standard decommissioning protocol for data centers. In the US, local guidance increasingly asks for a decommissioning plan and financial assurance (bond, escrow or parent-company guarantee), commonly set at 110 to 125 percent of estimated removal costs and updated over time.
4. WHAT EXISTS IN FRANCE, AND WHAT IS CONTRACTUAL
By law. When a data center is a classified installation, which depends notably on its generators and fuel storage, the Environmental Code governs closure: shutdown, making the site safe and restoring it. Since 1 June 2022, some installations need attestations from a certified company at these steps. These rules address safety and soil condition; to our knowledge, they do not require demolishing buildings. Environmental Code financial guarantees only apply to certain categories of installations, so a data center is not necessarily subject to them.
By contract. The rest is negotiated: in a sale agreement, a long lease or an agreement with the municipality. Equipment removal, site restoration, what happens to buildings, parent-company guarantee, commitment schedule: clauses to set with a lawyer before signing. See landowners and our support for local authorities. Best-efforts obligation; our analysis is not legal advice.
Sources: Lincoln Institute of Land Policy, "Developing a Data Center Policy: A Guide for Communities Navigating AI and Digital Infrastructure", October 2026, citing among others Data Center Watch (2026) and Montgomery County (2026); French Environmental Code (classified installations, closure). This article is general information, not legal advice: each project must be checked with a lawyer.
FREQUENTLY ASKED QUESTIONS
Can a French municipality require a decommissioning guarantee?
Environmental Code financial guarantees only cover certain classified installations. Beyond that, a guarantee is negotiated by contract, for example in an agreement or lease. Feasibility must be checked with a lawyer.
Does this US guide apply in France?
Not directly, as it relies on US land use law. Its principles, setting priorities before negotiating, asking the right questions, planning for project failure, remain useful.