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Mercer County advances industrial and data-center ordinance drafts after extensive edits and public comment
Summary
After line-by-line edits and hours of debate, commissioners approved a package of changes to proposed industrial and data-center ordinance language, adding dust-control and socioeconomic-impact options, clarifying setback waivers and leaving noise-monitoring requirements to conditional-use discretion.
Mercer County commissioners moved a set of changes to draft industrial and data-center ordinances after a prolonged review of setbacks, noise monitoring, conditional-use requirements and enforcement mechanisms.
Commission staff and the county’s legal counsel led a clause-by-clause discussion of the industrial district and related standards. Commissioners agreed to add provisions allowing “may be required” conditioned items under conditional-use review — specifically dust-control plans and socioeconomic-impact studies — and to add a written waiver option so adjacent property owners may voluntarily accept narrower setbacks.
The board also debated noise monitoring. Commissioners agreed to retain flexibility: conditional-use permits may be conditioned to require an annual noise study paid for by the project owner, and the board added a provision that “24/7 noise monitoring may be required” where the annual analysis or operational changes justify it. Legal counsel cautioned that excessively prescriptive or duplicative rules could be difficult to enforce and recommended that the county keep key enforceable standards in conditional-use language while preserving clarity for applicants.
On setbacks, commissioners directed staff to use property-boundary measurements (rather than building exterior walls) and to allow waivers or variances where appropriate, so that landowners can consent to closer siting while preserving the county’s ability to require greater setbacks where necessary to meet noise mitigation.
The commission also discussed data-center-specific items such as notification radiuses for public hearings, the scope of a required decommissioning plan, and the use of bonds or other financial assurances for decommissioning. Commissioners removed an explicit requirement for a separate development agreement and agreed that long-term obligations will instead be enforced through conditional-use permits and permit conditions. Several commissioners asked staff to ensure the county has a workable administrative review step to confirm compliance with conditions before construction proceeds.
Public commenters urged the commission to adopt megawatt-based tiering for data centers (for example, separate rules for under-200 MW, 200–400 MW and above-400 MW projects) to match different levels of community impact. Several residents also pushed for stronger, enforceable monitoring and decommissioning language and for clearer sequencing between rezoning and permitting.
The board voted to accept the edits and move the drafts forward for final drafting and public-notice steps.
