Data center zoning laws across state lines
The video highlights the differing approaches to data center zoning laws between Ohio and Pennsylvania. Ohio municipalities can impose moratoriums, while Pennsylvania law prohibits exclusionary zoning and extended moratoriums, though it allows for restrictions and conditions. The City of Hermitage, PA, is scheduled to introduce a plan to limit data centers to industrial zones.
The discussion focuses on the varied legal frameworks concerning data center development in Ohio and Pennsylvania. In Ohio, local governments possess the authority to implement zoning regulations that can effectively halt data center construction for up to a year, including pausing permits, tax incentives, and contractor approvals.
Conversely, Pennsylvania's legal framework, as explained by Leslie Hoff, differs significantly by not permitting "exclusionary zoning." This means municipalities cannot impose prolonged moratoriums on lawful land uses for data centers. However, they are empowered to regulate the location of data centers and enforce specific conditions through zoning ordinances before any construction begins. These conditions include mandatory submission of a decommissioning plan with financial security, dimensional standards, and an environmental impact standard, requirements not typically mandated in Ohio.
Looking ahead, the City of Hermitage, located in Mercer County, Pennsylvania, is set to introduce a new plan. This plan aims to restrict data center development exclusively to industrial zones, signaling a proactive approach to managing their growth and placement within the community.