The pending Oakline at Mill Creek application would remain subject to Oregon land-use rules even if Salem adopts a temporary pause on data center development.
Salem can move forward with a temporary data center moratorium, but the city would still have to process Verrus’ pending Oakline at Mill Creek application.
That was the key distinction to emerge from Monday’s Salem City Council discussion as the city prepares for a public hearing on the proposed moratorium.
Verrus subsidiary Alderstone LLC submitted its land-use application July 31. The city determined Aug. 28 that the application was incomplete, so it has not yet entered formal review. Alderstone has until Jan. 27, 2027, to respond to the city’s request for additional information. If it does not respond by then, the application becomes void.
If the application moves forward, Oregon’s land-use rules become important. State law generally requires a city to evaluate a qualifying application under the standards and criteria that were in place when the application was first submitted. Once an application is deemed complete, Salem would also generally face a 120-day deadline to reach a final decision.
Missing that deadline could allow the applicant to ask Marion County Circuit Court for a writ of mandamus, shifting the dispute into court.
The result is that Salem’s broader effort to pause data center development and write new rules can continue while the Oakline application follows a separate legal track under the rules tied to its July filing.
The moratorium has not yet been adopted. City Council is scheduled to hold a special public hearing Monday, Sept. 21, at Loucks Auditorium before deciding whether to move forward with the temporary restriction.