Kent County adopts data center regulations, may consider future ban
Kent County, Delaware, has adopted new regulations for data center construction in its unincorporated areas, following similar actions in New Castle County. The rules include mandatory buffers, noise limits, and requirements for developers to provide documentation on infrastructure impacts. Local officials are also exploring the legality and feasibility of implementing an outright county-wide ban on data centers due to significant public opposition.
Kent County, Delaware's Levy Court has unanimously approved a new set of regulations governing data center construction in its unincorporated regions, mirroring earlier restrictions adopted by New Castle County. The new ordinance, introduced by Commissioner Jeffrey Hall, establishes mandatory 300-foot buffers from residences, 6-foot vegetative buffers, noise limits, and requires developers to provide documentation on potential impacts to water and electric infrastructure. It also mandates "letters of no objection" from county and state agencies. The rules do not apply to cities like Dover, Harrington, or Smyrna, nor to a potential project in Harrington.
During the meeting, public sentiment strongly favored restrictions, with residents and State Sen. Eric Buckson (R-Dover) advocating for an outright county-wide ban, which received significant applause. Kent County Director of Planning Services Sarah Kiefer noted that the ordinance, partly modeled after Loudoun County, Virginia's rules, allows data centers "by right" in two industrial zoning districts, a point of contention for some residents. Kiefer confirmed only one vacant parcel in unincorporated Kent County is currently zoned for data centers, and another could be rezoned. The county's attorney is now conducting a legal review to assess the viability of a full data center ban.