Kent County approves new data center rules as debate over possible ban continues
Kent County, Delaware, has unanimously approved its first set of regulations for data center development in unincorporated areas, including location restrictions, noise limits, and setback requirements. The new ordinance aims to address community concerns regarding noise, water usage, and electricity demand. Despite the new rules, officials are exploring a potential county-wide moratorium or ban, and there is ongoing public opposition to data center expansion.
Kent County, Delaware, has adopted its inaugural set of regulations governing data center construction in its unincorporated areas. Following a public meeting, the Kent County Levy Court unanimously approved an ordinance that imposes new requirements, including limiting data centers to certain industrially zoned properties, mandating setbacks from homes, setting noise limits, and requiring vegetative buffers. Additionally, developers must demonstrate adequate water and electric service.
Commissioner Jody Sweeney stated the ordinance provides essential safeguards that were previously absent. However, community members expressed strong opposition, advocating for a complete ban on data centers in the county due to concerns about noise, water consumption, and electricity demand. State Senator Eric Buckson, who previously introduced a statewide moratorium bill that failed to pass, urged a temporary pause on development to allow for further study of data centers' impacts.
Looking ahead, Commissioner Sweeney plans to champion an initiative to eliminate "by-right" approvals for data centers, which would ensure all future projects undergo public hearings. County officials are also actively assessing the legal feasibility of implementing a temporary moratorium or a full county-wide ban on data centers. Currently, there are no active data center applications in unincorporated Kent County.