Kent County considers data center regulations

Kent County Levy Court in Delaware is actively considering a draft ordinance to regulate and facilitate data center development within the county, with a prospective site in Harrington already being discussed. The proposed regulations, developed with assistance from the Kent Economic Partnership, aim to address common public concerns by outlining specific requirements for data centers.

Key provisions in the draft ordinance include a mandatory 300-foot setback from residential zoning districts, requiring screening with native Delaware plant species at least six feet high. The ordinance also stipulates noise limits, prohibiting data centers from exceeding 55 decibels at the property line, and mandates fully shielded, downward-pointing lights to prevent light spill. Additionally, it requires data centers to be powered by existing infrastructure and bans open-loop or once-through cooling systems unless reclaimed water is used or environmental impact is demonstrated to be minimal.

Linda Parkowski, Executive Director of the Kent Economic Partnership, emphasized that while data center impacts on utility bills are unavoidable on the PJM grid regardless of location, establishing local regulations allows Kent County to gain tax revenue. She also noted that the county's professional planning resources can serve as a guide for smaller municipalities, which would still retain the final say on data center development within their limits. The ordinance also includes provisions for decommissioning abandoned facilities and requires letters of no-objection from relevant state and utility agencies. Levy Court plans to introduce the ordinance at its June 9th meeting, followed by public hearings with the Regional Planning Commission and Levy Court before a vote.