Zoning First, Megawatts Later? Zoning requirements are the New Gatekeeper for getting DC-projects into the grid queue

From 1 July 2026, new maturity criteria apply to Statnett's assessment of grid connection applications. The criteria build on revised best-practice guidelines from Fornybar Norge, and Statnett has added some supplementary guidelines of its own for projects within its area of responsibility. For data centre developers, the zoning element may be the most consequential change. In most projects exceeding 100 MW, an adopted zoning plan is now a precondition for entering the grid capacity queue. It can no longer be secured in parallel with other milestones.

As of August 2026, Statnett had reserved capacity equivalent to roughly 8,000 MW of consumption, with a further 16,000 MW sitting in the capacity queue. Data centres account for a large share of this pipeline: 8,100 MW in total, made up of 3,400 MW of reserved capacity and 4,700 MW in the queue. A meaningful share of these applications will never reach final investment decision. The reform is meant to filter out projects that lack realistic execution capacity, freeing up space for those that can actually be built. But there is a trade-off: timing. Greenfield zoning in Norway can take years, longer still if appealed. Applied too rigidly, the maturity bar risks doing the opposite of what it intends, slowing the pipeline down rather than putting it in order.

Responsibility for maturity assessments is split by capacity. Local grid companies assess projects under 10 MW, regional grid companies handle projects above 10 MW, and Statnett handles projects of 100 MW or more.

On zoning, the criteria set two distinct bars. For projects under 100 MW, regional grid companies generally apply the Fornybar Norge best-practice guidance. If the existing zoning plan does not already designate the site for the correct purpose, two things must happen: the site must be designated for the correct land-use category in the municipal master plan, and, at a minimum, an initial meeting must have been held with the municipality confirming that planning can commence (or the municipality must have already initiated the rezoning process). An approved zoning plan must then be in place within two years of the maturity date.

For projects at 100 MW or above, Statnett's requirement is stricter. An adopted zoning plan documenting municipal approval for the specific project must be in place at the application stage. It is no longer enough for a planning process to be "under way", as was previously the case. For most data centre projects, this means an adopted plan that designates the site for "datasenter".

Two developments over the past couple of years have reshaped the answer. In Hadselmyran (LB-2024-139780), the Borgarting Court of Appeal held that the zoning category "industri" (industry) is limited to the manufacture of physical goods. The Supreme Court refused leave to appeal in HR-2025-1694-U, so the position is now settled: a data centre is not, as a starting point, "industri" (industry). The new Map and Planning Regulation, in force from 1 July 2025, then introduced "datasenter" (data centre) as a standalone sub-category under "built development and facilities".

For zoning plans adopted before 1 July 2025, which cover most of the current pipeline, the analysis is more nuanced. 

For plans adopted before 1 July 2025, the working rule is that "annen næring" (other commercial activity) generally continues to accommodate data centres. Whether "industri" (industry) alone does so will instead depend on interpreting whether the municipality intended to permit data centres.

In an interpretive statement dated 8 September 2026 (ref. 26/2656), the Ministry of Local Government and Regional Development confirmed that the court's decision in Hadselmyran resolves only the specific plan before the court. "Industri" (industry) may therefore carry a different meaning in other plans, where supplementary provisions or other indications show that the municipality intended to permit data centre operations. The plan and its provisions must be read together in each case, so every plan requires its own analysis.

Where the existing zoning plan does not accommodate a data centre, three routes are available. Dispensation is the fastest, typically three to six months, but a successful appeal can send the project back to square one. A minor plan amendment takes longer and rests on a stronger legal footing, but can be challenged on the basis that the change is not truly "minor" and exceeds the plan's main framework, so the simplified procedure should not apply. Full rezoning is the most robust option, but it may take 12 months or more and can trigger environmental impact assessments.

The new maturity regime applies to existing capacity reservations and queue positions, as well as to new applications. As a main rule, if there are material changes or deviations in meeting the maturity criteria, and the developer is directly or indirectly responsible or must bear the risk for these, the reserved capacity or queue position will be withdrawn.

Two deadlines matter for developers already in the system. Statnett treats a delay as material differently depending on who is responsible for it. Where the developer has direct control over the project or milestone change, a delay of more than one year counts as material. Where the developer is only indirectly responsible, or must bear the risk, the threshold is a delay of more than two years.

For projects with reserved capacity, the benchmark is the milestone schedule used in the original maturity assessment, and progress is monitored against it. If the zoning milestone extends beyond two years because the project is waiting for planned grid reinforcement, the necessary zoning and land-use plans must still be in place within two years of the new requirements taking effect, unless the developer can document compelling reasons for an extension. Delays beyond two years will generally trigger a cancellation process, which may result in the reservation being withdrawn in whole or in part. In practice, this means that if a municipality’s own planning work delays the zoning basis by more than two years, Statnett may initiate cancellation proceedings.

The same two-year window applies to projects in the capacity queue. The necessary zoning and land-use plans must be secured within two years of the new criteria taking effect, i.e. by 1 July 2028, unless compelling documented reasons justify an extension. As with reserved capacity, delays beyond two years may ordinarily trigger a cancellation process.

The knock-on effects can be significant. A zoning appeal that delays the planning basis by 12 to 18 months can push back the grid investment contribution agreement. That, in turn, puts the capacity reservation at risk, and may require an extension of the facility licence. For projects sitting on "industri"-zoned land under a plan adopted before July 2025, the choice comes down to either defending the plan's meaning case by case, or starting a plan amendment now.

First, audit the zoning basis. Do not assume that "industri" (industry) covers a data centre. Read the map and the provisions together, against the Ministry's September 2026 guidance. If the plan predates 1 July 2025 and relies on "industri" (industry) alone, the project's place in the capacity queue may be at risk. Second, choose the process route with appeal risk in mind: a dispensation that gets overturned can be more damaging to the project than a slower amendment process that holds.

At Selmer, we advise developers, investors, operators and lenders across the full lifecycle of data centre projects in Norway, from site development and power arrangements through permitting, construction, financing and operations. Our multidisciplinary teams bring together specialists in energy, real estate, planning and environmental law, construction, tax, public procurement and financing. Drawing on hands-on experience from several of the largest data centre developments in Norway, we help clients navigate the commercial, regulatory and practical challenges that determine whether projects deliver.

If you are considering or progressing a data centre investment in Norway, we would welcome the opportunity to discuss how we can assist. Please reach out to our team for a conversation.