How Pennsylvania Towns are Protecting Themselves From the Noise, Heat and Utility Costs of Massive Data Centers
A law professor analyzes the regulatory tools Pennsylvania municipalities can employ to manage data center development. The article highlights zoning ordinances as a primary mechanism to address concerns such as noise, heat, energy and water consumption, and aesthetic impacts. Various towns in Pennsylvania have already amended their zoning to regulate data centers.
Pennsylvania has become a focal point for data center proposals, frequently met with public scrutiny regarding their placement and potential impacts. Michael Helbing, a law professor and executive director of Penn State’s Center for Energy Law and Policy, whose hometown of Archbald has faced multiple data center proposals, has researched local responses across the state to identify effective tools for communities.
While data centers can generate increased tax revenue and temporary construction jobs, they raise significant environmental and social concerns. These include high energy and water consumption, potential increases in utility bills, air pollution from diesel generators, urban heat island effects, and noise from cooling systems. Residents also object to their visual impact in rural or suburban settings.
One of the most potent tools for Pennsylvania municipalities is their zoning authority under the state’s Municipalities Planning Code. This code allows localities to regulate where data centers can be built and how they operate. Municipalities like East Vincent Township and Jessup Borough have revised their zoning ordinances, with some, such as Fairview Township and Butler Township/Arendtsville Borough, restricting data centers to industrial zones. Mayfield Borough has limited them to commercial areas.
Municipalities can also classify data centers as 'conditional use' or 'special exception,' requiring approval from a governing body or zoning hearing board. Additionally, communities use setback distances—ranging from 50 to 400 feet—often with longer distances from residential areas. Ordinances frequently mandate studies, including noise, environmental impact, transportation, and emergency response assessments, to mitigate potential harm. Communities can also pursue community benefits agreements with developers to secure guarantees for local workforces or infrastructure development.