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How governors choose Opportunity Zones

Each governor nominates Opportunity Zones from Treasury's list of eligible low-income census tracts, choosing no more than the greater of 25% of those tracts or 25 tracts, and Treasury then certifies the nominations. For the zones that take effect January 1, 2027, the 90-day nomination window opened July 1, 2026 and could be extended once, to about October 28, 2026. Within the federal limits, states set their own criteria and most ran public comment periods before deciding.

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Key takeaways

  • The chief executive of each state, usually the governor, nominates tracts; Treasury certifies and designates them under IRC §1400Z-1.
  • Only tracts that meet the low-income community test can be nominated, and a state may designate the greater of 25% of its eligible tracts or 25 tracts.
  • The nomination window opened July 1, 2026 for 90 days, to September 28, 2026, with one 30-day extension to about October 28, 2026.
  • Federal law sets no selection criteria beyond eligibility and the cap, so states weigh poverty, jobs, infrastructure, development potential and public comment.
  • Designated zones take effect January 1, 2027 and stay fixed through December 31, 2036; the next designation cycle begins July 1, 2036.

Who chooses Opportunity Zones?

The governor (or chief executive) of each state, the District of Columbia and each territory nominates the tracts, and the Secretary of the Treasury certifies and designates them.1 Treasury cannot add tracts a governor did not nominate. A governor cannot designate a tract that fails the federal eligibility test, except by proving with tract-level data that it qualifies.3

Governors submit nominations through the CDFI Fund's Opportunity Zone Nomination Tool, an online form in its Awards Management Information System (AMIS).18 Treasury announced on July 1, 2026 that the new designation cycle was open.16 The CDFI Fund supports the nomination and designation process. The IRS administers the tax rules.

Fig. 1How a census tract becomes an Opportunity Zone

  1. Rev. Proc. 2026-14Treasury eligible list25,332 low-income tracts
    Published list
  2. State screeningData, local input, criteria
    Shortlist
  3. Governor nominationUp to 25% of eligible tracts
    Filed in AMIS
  4. Treasury certificationWithin 30 days, extendable 30
    Certified
  5. Designated zoneJan. 1, 2027 to Dec. 31, 2036
Treasury defines the pool, the governor chooses from it, and Treasury certifies the choice. Public comment happens at the state level before nomination.1,2

What limits does federal law put on a governor's choices?

Federal law sets two hard limits: every nominated tract must be a low-income community, and the total cannot exceed the greater of 25% of the state's eligible tracts or 25 tracts.1,17

Federal rules that bind every governor
RuleWhat it meansSource
EligibilityTract MFI at most 70% of area MFI, or poverty at least 20% with MFI at most 125% of area MFIIRC §1400Z-1
CapGreater of 25% of eligible tracts or 25 tractsIRC §1400Z-1
No contiguous tractsA non-qualifying tract cannot be designated because it borders a qualifying oneIRC §1400Z-1
Off-list tractsAllowed only with tract-level data proving eligibilityRev. Proc. 2026-14 §5.04
Current zonesDo not count against the cap for the period starting Jan. 1, 2027Notice 2026-40
Rural shareNo rural quotaStatute as enacted

The off-list route is narrow in practice. Arizona reportedly had three off-list tracts rejected.7 Puerto Rico now nominates under the same 25% cap as the states. Eligibility is measured with the 2020 to 2024 American Community Survey five-year data, so a governor's room to choose depends on how many tracts that data qualifies. See which census tracts qualify for the tests in detail.

North Carolina illustrates the math: the state could nominate up to 202 of its 807 eligible low-income tracts.11 A small state with fewer than 100 eligible tracts still gets 25, because the floor applies.

What criteria do governors use to pick Opportunity Zones?

Federal law sets no selection criteria beyond eligibility and the cap, so each state decides what to weigh. Most states publish a scoring approach or a list of factors, and most take public comment.

Vermont's published factors are typical: poverty and unemployment rates, population, the number of businesses and private-sector jobs, available infrastructure, and the development potential of each tract.9 Other states add local government requests, alignment with existing economic development plans, and evidence of an investment pipeline.

Fig. 2A common way states think about candidate tracts

Lower ← Economic need → Higher

Need, little readiness

Often chosen for equity reasons; may see little capital

Priority candidates

High need with sites, infrastructure and projects

Usually passed over

Eligible but low need and few prospects

Contested

Strong deal flow; critics question the need

Low ← Investment readiness → High

States differ, but many balance need against readiness. Tracts with high need and real investment potential tend to make the final list.
  • Distress data: poverty, unemployment, income and population loss.
  • Readiness: zoned land, utilities, broadband, transportation and identified projects.
  • Geographic balance across regions, including rural counties.
  • Local support: requests from counties, cities and tribes.
  • Fit with state strategy, such as industrial corridors or downtowns.

Do states take public comment on Opportunity Zone nominations?

Most did. States opened comment windows on draft lists or invited local governments to request tracts before the governor's final nomination.

Examples of 2026 state processes
JurisdictionProcessSource
CaliforniaOnline public comment from Aug. 3 to Aug. 28, 2026; commenters pick a tract and state support or oppositionGO-Biz
North CarolinaPublic comment window extended to June 21, 2026; up to 202 of 807 eligible tractsNC Commerce
District of ColumbiaComments on preliminary recommendations through Aug. 7, 2026Holland & Knight
VermontProposed 25 tracts and sought feedback before nominatingVermontBiz
OhioLocal input process for townships and other local governmentsOhio Township Association

The California process asked commenters to select a single census tract and submit a comment in support or opposition.10 North Carolina extended its window to give communities more time.11 The District of Columbia released preliminary recommendations and took comments through August 7, 2026.12 Ohio opened a local input process for townships.19

When do governors have to nominate Opportunity Zones?

Governors had 90 days from the July 1, 2026 determination date, to September 28, 2026, with one 30-day extension to about October 28, 2026.2,5 Sources differ on whether the extension had to be requested or was given automatically to every jurisdiction that did not opt out.6,7

Fig. 3The 2026 nomination cycle

  1. Apr 2026

    Rev. Proc. 2026-14

    Procedures and eligible list

  2. Jul 1, 2026

    Window opens

    Determination date

  3. Jul 9, 2026

    Arizona files

    An early filer

  4. Sep 28, 2026

    Base deadline

    At least 16 of 56 had filed

  5. About Oct 28, 2026

    Extended deadline

    30-day extension

  6. Jan 1, 2027

    Zones take effect

    Through Dec. 31, 2036

Treasury certifies within 30 days of receiving nominations and may extend by 30 days, so the last certifications could arrive in late December 2026.2,7

After certification, the designations run for the full 10-year period; the statute provides no mid-cycle nomination window. The next determination date is July 1, 2036, and the cycle repeats every 10 years.1

Which states have nominated their Opportunity Zones so far?

As of October 20, 2026, at least 16 of 56 eligible jurisdictions had filed nominations, Treasury had begun certifying, and no consolidated national list had been published.7,8

Selected publicly reported nominations (as of Oct. 20, 2026)
StateReported statusTracts
ArizonaFiled July 9, 2026About 122 to 125
IdahoReported certified by Treasury (Oct. 2, 2026)25
WashingtonGovernor announced nominations Oct. 8, 202699
TexasState nomination list published605
IndianaListed as nominated by a private tracker126
North CarolinaListed as nominated by a private tracker202
South CarolinaListed as nominated by a private tracker112

The Idaho certification was reported by the Idaho Business Review.15 Washington's 99 tracts were announced by the governor's office, and Texas published its list on the governor's site.13,14 Other counts come from the OpportunityZones.com tracker, which estimates about 6,575 designations nationwide.8 Treat tracker figures as estimates until Treasury publishes the certified list. Track the latest in the new Opportunity Zone maps taking effect in 2027.

How do data centers figure in governors' Opportunity Zone choices?

Data centers can shape the map in both directions. A rural tract next to high-voltage transmission or a retired power plant may score well on readiness and offer a real project. At the same time, several governors restricted state data center incentives in 2026, and federal bills introduced in September 2026 would exclude data centers from Opportunity Zone benefits. Those bills are proposals, not law.

For developers and communities, the lesson is to engage early in the state process with specific evidence: the site, the power plan, the jobs and tax base, and local government support. Once the list is certified it holds for 10 years. See Opportunity Zones for economic developers and communities and community engagement for Opportunity Zone data centers.4

Common questions

Can a governor nominate a tract that is not on Treasury's eligible list?

Only by providing tract-level data that shows the tract meets the low-income community definition, under Rev. Proc. 2026-14 §5.04. Arizona reportedly had three such off-list tracts rejected.

How many Opportunity Zones can a state have?

The greater of 25% of its eligible low-income community tracts or 25 tracts. Zones on the current map do not count against the cap for the period that begins January 1, 2027.

Is there a requirement to pick rural tracts?

No. The statute sets no rural quota. The program encourages rural investment through the 30% step-up for Qualified Rural Opportunity Funds and the 50% substantial improvement threshold instead.

Can a governor change the list after Treasury certifies it?

The statute provides no mid-cycle process for doing so. Certified designations run from January 1, 2027 through December 31, 2036, and the next nomination cycle begins on the July 1, 2036 determination date.

Who do I contact to suggest a tract?

The governor's office or the state economic development agency running the process. The CDFI Fund directs public questions about the nomination cycle to each state's governor's office. For 2027 zones most comment windows had closed by October 2026.

Sources

Every numbered note in this guide links to the source below.

  1. 1.Office of the Law Revision Counsel, “26 U.S.C. 1400Z-1, Designation,” 2025. uscode.house.gov
  2. 2.Internal Revenue Service, “Treasury, IRS provide guidance to States for nominating census tracts as qualified opportunity zones,” 2026. irs.gov
  3. 3.Internal Revenue Service (copy posted by the State of Alaska), “Rev. Proc. 2026-14, Internal Revenue Bulletin Part III,” 2026. aws.state.ak.us
  4. 4.ArentFox Schiff, “IRS Releases Rev. Proc. 2026-14: New Roadmap for OZ 2.0 Designations,” 2026. afslaw.com
  5. 5.KPMG, “Rev. Proc. 2026-14: State procedures for nominating census tracts to be designated as QOZs,” 2026. kpmg.com
  6. 6.EY Tax News, “IRS describes requirements for nominating population census tracts as 2027 Qualified Opportunity Zones,” 2026. taxnews.ey.com
  7. 7.OpportunityZones.com, “OZ 2.0 Nominations: Where Things Stand After the 90-Day Deadline,” 2026. opportunityzones.com
  8. 8.OpportunityZones.com, “OZ 2.0 State Tracker,” 2026. opportunityzones.com
  9. 9.VermontBiz, “State announces Opportunity Zone recommendations,” 2026. vermontbiz.com
  10. 10.California Governor's Office of Business and Economic Development, “Opportunity Zones Public Comment Period FAQ,” 2026. business.ca.gov
  11. 11.North Carolina Department of Commerce, “NC Commerce extends public comment period to help identify new Opportunity Zones in North Carolina,” 2026. commerce.nc.gov
  12. 12.Holland & Knight, “District Begins OZ 2.0 Designation Process, DMPED Releases Preliminary Recommendations,” 2026. hklaw.com
  13. 13.Washington Governor's Office, “Governor Ferguson selects 99 Opportunity Zones to encourage private investment,” 2026. governor.wa.gov
  14. 14.Office of the Texas Governor, “Federal Opportunity Zones in Texas,” n.d. gov.texas.gov
  15. 15.Idaho Business Review, “US Treasury approves Idaho Opportunity Zone 2.0 nominations,” 2026. idahobusinessreview.com
  16. 16.U.S. Department of the Treasury, “Treasury Opens the New Designation Cycle for Opportunity Zones,” 2026. content.govdelivery.com
  17. 17.Economic Innovation Group, “Opportunity Zones 2.0: Where Things Stand After the One Big Beautiful Bill Act,” 2025. eig.org
  18. 18.Federal Register, “CDFI Fund notice regarding the Opportunity Zone Nomination Tool, document 2026-09437,” 2026. public-inspection.federalregister.gov
  19. 19.Ohio Township Association, “Opportunity Zones 2.0: Local Input Process Opens,” 2026. ohiotownships.org

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This website is for general information only. It is not an offer to sell, or a solicitation of an offer to buy, any security. Any offering will be made only through confidential offering documents, to eligible investors, where permitted by law. Opportunity Zone tax benefits depend on each investor's circumstances and on rules that can change; consult your own tax and legal advisers.