Planning commission recommends removing data centers and the TM zoning district from Frederick County code

After extensive public comment and presentations from county staff and outside counsel, the Frederick County Planning Commission voted to recommend that the Board of Supervisors remove references to data centers from the county zoning ordinance and to eliminate the TM Technology Manufacturing Park zoning district.

County Attorney and outside counsel advised the commission on legal approaches and cautioned that land‑use drafting rarely yields an "airtight" solution. As the county attorney put it during the hearing, “there is no such thing as airtight when it comes to land use law and zoning,” and staff said the proposal was being developed with outside counsel to reduce the risk of successful legal challenge while honoring the board’s direction. The ordinance amendment and related TM‑district removal are recommendations; the Board of Supervisors will consider final adoption on Sept. 23, 2026.

Speakers on both sides recommended care in the drafting: some urged immediate removal to prevent additional CUP applications, while others urged deliberate revision to create enforceable language or to preserve a process (CUP) that allows the county to require stronger mitigations. The commission’s vote was a recommendation to the board, not immediate removal of the code.