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Data Centers in Lombardy: Regional Resolution No. XII/6814 of 28 September 2026 Establishes the Rules for the Consultation Conference and the Criteria for Equalization and Compensation Measures

Overview

With Regional Board Resolution No. XII/6814 of 28 September 2026, the Lombardy Region implements Regional Law No. 11/2026 by establishing:

  • the procedures governing the Consultative Coordination Conference;
  • the content of the Supra-Municipal Territorial Planning Agreement;
  • the criteria for determining equalization and compensation measures addressing territorial, environmental, infrastructure and social externalities.

When Does the Conference Apply?

The Conference applies to projects involving the construction or expansion of data centers with a requested grid connection capacity exceeding 10 MW, which Regional Law No. 11/2026 classifies as projects of supra-municipal significance.

The compatibility assessment forms part of:
• the implementation plan approval procedure, where required under the PGT;
• alternatively, the building authorization procedure, where no implementation plan is required or where the application was submitted before the publication of the Resolution in the Official Bulletin of the Lombardy Region (BURL).

Who Convenes the Conference?

The procedure is initiated at the request of the municipality concerned, following the submission of an implementation plan or an application for building authorization.

The Conference is convened within 20 days of receipt of the municipality’s request or the complete supporting documentation by:

  • the Province or the Metropolitan City of Milan, for data centers with a requested grid connection capacity between 10 MW and 50 MW;
  • the Lombardy Region, for:
    • data centers with a requested grid connection capacity exceeding 50 MW;
    • projects located in interprovincial areas;
    • cases in which the single authorization procedure falls within regional jurisdiction.

Deadlines for Completion of the Procedure

The Conference constitutes an intermediate procedural stage and does not extend the duration of the main approval procedure. Its completion must take place within the timeframe applicable to the approval of the implementation plan or the building authorization application to which the planning agreement relates.

Where a privately initiated implementation plan is submitted, the procedure leading to the execution of the territorial agreement must be completed taking into account the deadline for the adoption of the implementation plan (90 days from the date of submission of the privately initiated implementation plan, subject to the possibility of suspending the timeframe to request additional documentation).

The equalization and compensation measures provided for in the territorial agreement may serve as the strategic reference framework for any environmental assessments applicable under Legislative Decree No. 152/2006 (Article 5(10) of Regional Law No. 11/2026).

Where an application for authorization to construct or expand a data center falls within the single authorization procedure under Article 8 of Decree-Law No. 21/2026, the Conference constitutes an intermediate procedural stage, subject to the deadlines established for that procedure.

For projects subject to the single procedure under Article 13 of Decree-Law No. 104/2023, the Conference applies exclusively to implementation plans or building titles falling within municipal jurisdiction and within the scope of the relevant provisions. Its application must be consistent with the rules and deadlines governing the single procedure and must respect the powers of the appointed commissioner.

When Is the Conference NOT Required?

The Resolution provides for an important case in which duplication of the procedure is avoided.

The Conference is not convened at the building authorization stage where:

  1. the consultation process and the related compatibility assessment had already commenced, as of the date of publication of the new procedural rules in the BURL, under comparable provisions established by the PTCP or PTM as part of the implementation plan approval procedure; and
  2. no substantial changes have been made to the project affecting the externalities and impacts already assessed.

Required Documentation

The municipality’s request to initiate the Conference must include:

  • the “Supporting Document for Convening the Consultative Coordination Conference” (see the attached standard template), completed in full;
  • any additional project documentation considered relevant to the assessments falling within the Conference’s remit, including site layout and volumetric plans, building designs, landscape impact assessments, technical or plant engineering studies describing the impacts generated, availability of land for compensation measures, and any other documentation relevant to determining eligibility for the incentives provided for under Article 3(1)(a) and (b) of Regional Law No. 11/2026.

What Is Assessed and What Measures May Be Required?

The Conference does not replace the environmental assessments required under national legislation. Its purpose is to assess territorial compatibility and identify territorial rebalancing measures.
Such measures must be proportionate to the project and consistent with its externalities and the characteristics of the surrounding area.

The main areas considered include:

  • water resources;
  • climate resilience;
  • ecosystems and natural capital;
  • energy efficiency;
  • landscape;
  • infrastructure;
  • the socioeconomic system and innovation;
  • digital transformation of the territory.

The measures are not intended merely as remedial actions or compensation for damage. Rather, they are conceived as investments in the local area designed to generate lasting environmental, territorial and social benefits.

The Conference and the Priorities Established by Regional Law No. 11/2026: How They Guide the Selection of Measures

When identifying territorial rebalancing measures, the Conference takes into account the priorities established by Regional Law No. 11/2026.

Where a project meets one of these priorities, the Conference directs the selection towards measures other than those already provided for by the project, avoiding duplication of benefits.

The priorities operate in two ways.

Energy and Environmental Priorities

Where a project meets the energy and environmental priorities set out in Article 2(1)(b), (c) and (d) and qualifies for the incentives under Article 3(1), the Conference gives priority to measures that are not necessarily related to: (i) improving the resilience of the local microclimate (urban heat island effect); (ii) strengthening the energy infrastructure of the surrounding area.

Location Priority

Where a project meets the location priority established under Article 2(1)(a), meaning that it is located in urban regeneration areas, disused sites, abandoned quarries or mines, or contaminated, degraded or underutilized land, the Conference gives priority to measures that are not directly or exclusively aimed at rebalancing land-related impacts.

To read the full text of Regional Resolution click here.