Kent County adopts ordinance to regulate data centers after full public hearing

Kent County Levy Court voted unanimously on July 21 to adopt ordinance LC 26-06, which defines data centers as a regulated land use in the county’s zoning code and establishes conditions for permitting them in Limited Industrial (IL) and General Industrial (IG) districts. Commissioner Hall moved to add data centers as a permitted use with conditions; the motion passed on a 7-0 roll call.

Planner Sarah Kiefer, who led the staff presentation, said the ordinance is designed to add “guardrails” rather than to encourage development. She described the key provisions: a strict definition of data centers and accessory uses, explicit exclusion of on‑site power generation from the data-center use, minimum setbacks (300 feet for buildings and 400 feet for mechanical equipment), two‑row evergreen buffers at least six feet tall at planting, requirements for pre‑ and post‑construction noise studies, limits and reporting on generator testing hours, closed‑loop cooling systems, acoustic barriers around mechanical equipment, and letters from utilities confirming sufficient capacity. “We are being proactive,” Kiefer said, adding that staff had identified two potential county parcels that could meet the ordinance’s conditions but that no applications or inquiries had been filed with the county at the time of the hearing.

Economic development director Linda Parkowski, called in to speak in favor, told the court there were no pending data‑center projects in Kent County land and described the ordinance as a precautionary measure. Opponents urged stronger protections — including a moratorium or an outright ban — citing long‑term concerns about groundwater, municipal water reliance, and low‑frequency noise. Sierra Club Delaware and local residents asked for tighter water protections, a larger nighttime noise penalty and public hearings for large facilities. State Senator Eric Buxton told the court he had pursued a moratorium at the state level but that it did not pass; he encouraged the levy court to consider a ban or moratorium as options if the court wanted stricter protections.

After listening to multiple hours of testimony, the court adopted LC 26-06 as written, noting that commissioners and staff expect to bring forward amendments and workshops addressing issues raised at the hearing. The ordinance creates a permitting pathway limited to industrially zoned parcels and adds compliance procedures staff can enforce; it does not by itself create a moratorium or a county‑wide ban. The county clerk will incorporate the new ordinance language into the official zoning code and staff indicated they will return with possible amendments and a timeline for any follow‑up work.