Delaware county limits data center noise — and more restrictions could be coming
Kent County, Delaware, has unanimously approved new regulations for data centers, including limits on noise, specific zoning requirements, and mandates for developers to disclose water, power, and cooling plans. The ordinance was passed after a lengthy public hearing, with commissioners stating it's a proactive measure to control future developments rather than approving a specific project. Discussions are ongoing for potentially stricter measures, including project-specific public hearings or even moratoriums.
The Kent County Levy Court in Delaware unanimously approved a new ordinance, LC26-06, establishing comprehensive regulations for future data center developments within unincorporated areas of the county. The new rules, adopted after a three-hour public hearing with extensive testimony, address concerns about noise, location, and environmental impacts.
Key provisions include a 55-decibel noise cap at the data center property line, mandatory sound-blocking barriers for equipment near residential zones, and requirements for data centers to be located only in Limited Industrial or General Industrial zones, at least 300-400 feet from residential districts. Developers must also submit plans detailing water, power, and cooling systems, with open-loop cooling generally prohibited unless reclaimed water is used.
Commissioners emphasized that the vote was not for a specific project but to proactively regulate the industry. Despite the new rules, residents like Heidi Patton and Linda Lewis argued for even stricter measures, particularly regarding nighttime noise and greater separation from homes. The Levy Court indicated that this ordinance is a starting point, with potential for future legislation on project-specific public hearings, stricter nighttime noise limits, groundwater protections, and size or electricity-use caps, including possible moratoriums.