Planning commission recommends zoning amendments to regulate data centers, adds setback, noise and other requirements

The Frederick County Planning Commission voted Feb. 19 to recommend amendments to Chapter 165 (the county zoning ordinance) to add a definition for data centers, require operational and siting standards, and to clarify how power‑generation and transmission facilities are treated in the ordinance.

Staff said the amendment defines a data center as “a premises in which the majority of the use is occupied by computers and/or telecommunications or related equipment for processing, storing, or transferring information,” and adds requirements including a 200‑foot building setback from adjoining residences, category C buffer screening, restrictions on hours for generator cycling and testing, submittal of water‑use estimates prior to approval, enclosure/screening of ground‑ and roof‑mounted mechanical equipment, and a noise monitoring regime requiring a baseline study and a 24‑month follow‑up noise study with third‑party acoustical expertise if levels exceed the baseline.

Staff also proposed new definitions separating power‑generating facilities (generation by natural gas, solar, biomass, etc.) from transmission/distribution facilities (substations, lines, transformers) and said power‑generation would require conditional use permit review in the RA (Rural Areas) district while transmission facilities would continue to be allowed as public utilities in specified districts. Staff noted battery storage would be allowed as an accessory to a data center under the proposed definition, but that standalone battery storage as a primary use would require a separate ordinance amendment.

Members of the commission discussed noise and fire‑safety issues. Commissioner Brennan expressed concern about battery‑storage safety and fire response; staff and other commissioners noted that battery backup is a standard component of modern data center electrical systems and that building and fire codes (for example, NFPA standards) and third‑party acoustical review would be used to manage technical risks. Staff said the draft ordinance drew on best practices, the JLARC (Joint Legislative Audit and Review Commission) December 2024 report on data centers, and input from acoustical and industry professionals.

After discussion, the commission voted to forward the zoning amendment to the Board of Supervisors with a positive recommendation; the motion passed on a roll call vote (one commissioner recorded a no). Staff said the amendment had been reviewed by the Comprehensive Plans and Programs committee and will be presented to the Board in March. Staff also agreed to provide the county fire marshal’s review to the commission and board prior to the Board hearing.

Ending: The recommended ordinance amendment does not by itself authorize any new facility; separate site‑specific approvals (rezoning where required, conditional use permits where required, and site plan review) would be needed for any data center, power‑generation facility, or related infrastructure. The commission’s action forwards the draft ordinance language and supporting analyses to the Board of Supervisors for final consideration.