Jefferson County Commissioners Reject County-Wide Data Center Moratorium
Jefferson County Commissioners have rejected a county-wide moratorium on data centers, citing a lack of legal standing and potential for litigation. Instead, the commissioners are encouraging local municipalities like Brookville Borough, which has already enacted its own six-month moratorium, to take the lead on land use regulations. The county is also developing a Subdivision and Land Development Ordinance (SALDO) to establish standards for areas without local ordinances.
At a recent Jefferson County Commissioners meeting in Brookville, Pennsylvania, the topic of data center regulations took center stage. Commissioner Scott North announced that the county would not implement a county-wide moratorium on data centers, stating it would be legally unsound and an "invitation to a legal problem" due to the county's lack of standing to enact such a measure.
North highlighted that the county had received requests for a moratorium from Brookville and Falls Creek boroughs. He pointed out that Brookville Borough Council had already instituted its own six-month moratorium in June. The commissioners are now encouraging local boroughs and townships to develop their own data center regulations, asserting that municipalities hold the primary authority over land use decisions under Pennsylvania law.
Furthermore, North revealed that Jefferson County is actively developing a Subdivision and Land Development Ordinance (SALDO), expected to be completed by the end of the year. This SALDO, while establishing standards for land development, will not function as a zoning ordinance and therefore cannot regulate the location or use of data centers in the same manner as local zoning laws. It will apply only in municipalities lacking their own ordinances. The county urges local governments to proactively review their land use regulations.