Data Centers in Lombardy: the single permit process and energy and environmental priorities

by Andrea Grappelli

The Regulatory Context

On August 3, 2026, Lombardy Regional Council adopted two implementing measures for Regional Law No. 11 of June 3, 2026, “Provisions Regarding the Establishment of Data Centers”, which operationally define criteria, incentives, and authorization procedures for data centers within the region.

Guidelines on the Single Procedure (DGR XII/6646)

Regarding the scope of application, the guidelines specify that:

  • the single procedure applies only to data centers associated with activities subject to an Integrated Environmental Authorization (AIA);
  • this condition generally applies when there are power generation units or emergency generators with a total nominal thermal power of 50 MWt or more;
  • below this threshold, or in the absence of activities subject to an AIA, the standard sector-specific authorizations remain in effect, subject to any required EIA/EIA review for other categories of projects.

The guidelines confirm that the building permit is included among the permits covered by the single procedure. The issue of urban planning compliance is also clarified, though not in the way operators hoped : urban planning compliance remains a necessary and preliminary requirement for initiating the procedure, to be certified by an updated Certificate of Land Use Designation, and the single authorization does not in itself constitute a variation to existing urban planning instruments.

The guidelines also specify that, for facilities already authorized under an Integrated Environmental Authorization (AIA), the single procedure applies only in the event of substantial modifications pursuant to Article 5, paragraph 1, letter l-bis) of Legislative Decree 152/2006, as further specified by Regional Council Resolution No. XI/4268 of February 8, 2021. Non-substantial modifications, on the other hand, continue to fall under the jurisdiction of the Province or the Metropolitan City of Milan, in accordance with the provisions of Article 29-nonies of Legislative Decree 152/2006. An exception applies if the data center already holds a single regional authorization issued pursuant to Article 8 of Decree-Law No. 21/2026: in such cases, even expansions involving non-substantial changes to the Environmental Impact Authorization (AIA) remain under regional jurisdiction.

The procedure begins with the submission of the application via the “Bandi e Servizi” online portal, which will be operational as of September 1, 2026, or, in the interim, via certified email (PEC), and concludes with the issuance of the final decision, following verification of the completeness of the documentation and the holding of the interagency conference.

The guidelines also provide criteria for calculating the nominal thermal power of generator sets (to be summed when they share the same type, fuel, and form of energy produced) and for emission limits for new generator sets, which must be equipped with NOx abatement systems and provisions for particulate filters, as well as guidance on storage tanks, water discharges, soil, waste, and noise.

Energy and Environmental Priorities, Incentive Measures, and Energy Report (DGR XII/6645)

Annex A identifies four priorities:

  1. Urban and Territorial Regeneration (Priority a): requires that the conditions relating to sites identified by the PGT, brownfield sites, or contaminated areas (a.1, a.2, a.3) must, even individually, cover at least 75% of the area covered by the development, in addition to the qualitative requirement of proximity to and compatibility with existing electrical infrastructure (a.4), which alone does not qualify for incentives.
  2. Energy from carbon-neutral sources (priority b): requires that the ratio of the area occupied by production facilities to the area actually available be at least 60%, subject to proven technical, regulatory, or administrative constraints that prevent its full utilization.
  3. Waste Heat Recovery (Priority c): This requires, cumulatively, a recoverable heat share of at least 25% through December 31, 2029, and 35% starting January 1, 2030; a waste heat temperature exceeding 18°C; the installation of systems for heat export, and the availability of dedicated technical spaces, quantified at a minimum of 60 square meters per MW of IT load and a residual electrical capacity of no less than 0.4 MWe for every MWt of recovered thermal power.
  4. Water efficiency (priority d): requires the exclusion of withdrawals from sensitive water sources, such as aqueducts, drinking water, irrigation water, and protected rivers and lakes (d.1), as well as, where applicable, the return of water to compatible irrigation or environmental systems (d.4); In addition to these requirements, at least one of the following must be met: compliance with the WUE thresholds established for withdrawals from water bodies and alternative sources (d.2), or the use of unconventional water sources for at least 70% of the annual cooling demand (d.3).

The incentive system is structured as follows: (i) each met priority is worth one point; (ii) the total score determines the applicable tier, ranging from D to A; (iii) incentives increase with the tier, up to and including priority in regional calls for proposals, a reduction in construction costs, and a reduction in the area allocated for on-site parking.

Annex B sets forth the minimum requirements for the energy report, which is divided into sections that must include at least the project’s identifying information (location, IT power, connection capacity, energy demand, on-site generation systems, floor areas) as well as a brief description of the technological solutions adopted. The report is also the tool through which the applicant demonstrates compliance with the priorities for the purpose of receiving incentive measures, and it also serves, where applicable, to define any compensatory measures.