Why Should Delaware Care?
Amid a nationwide boom in data center construction, officials across Delaware have considered various proposals to restrict the industry in various ways. Earlier this year, New Castle County adopted a rule to limit where new data centers could be developed. Now, Kent County has followed suit.
Kent County’s Levy Court approved a new set of rules Tuesday governing where data centers can be built within the unincorporated parts of central Delaware.
And during their meeting, the local officials appeared open to considering calls for an outright county-wide ban on the fast-growing industry.
The approval follows the passage of similar regulations earlier this year in New Castle County after a contentious months-long debate that pit building trades unions against consumer-advocates and environmental groups.
But during Tuesday’s Kent County meeting, no one voiced outright support for data centers.
Instead, dozens of residents broke out in applause whenever there was a mention of certain areas of the county being off limits to data centers.
There was even louder applause when State Sen. Eric Buckson (R-Dover), a former Kent County commissioner, suggested during a public comment period that the county adopt a ban on the industry.
Ultimately, the Levy Court commissioners unanimously passed the ordinance that would establish a short set of rules to limit where in the unincorporated portions of the county data centers could be built, and what developers would have to do to receive approval.
The rules do not apply to cities, such as Dover, Harrington or Smyrna. It notably would not apply to one potential data center project eyed at the former Burris Logistics facility in Harrington, which sits within city limits.
“Your message is heard,” Commissioner Jeffrey Hall, who introduced the ordinance, told the standing-room-only auditorium in Dover. “This was necessary. If we did nothing, there would be no guardrails.”
The ordinance sets mandatory 300-foot buffers between data centers and residences; 6-foot-tall vegetative buffers; a set noise limit and written documentation from water and electric providers about how the project might impact existing infrastructure resources.
It also requires “letters of no objection” from the county, environmental regulators and other state and local agencies for data center proposals.
The new rule comes several months after New Castle County adopted its own data center ordinance that includes much of the same requirements, though Kent County’s residential buffer requirements are less than one-third of what is required in New Castle County.
Separately, Kent County’s attorney also said local officials are conducting a legal review to see whether a full ban on data centers could be a viable option.
Kent County Director of Planning Services Sarah Kiefer said the county’s ordinance was modeled in part after recently updated rules in Loudoun County, Virginia, known as “Data Center Alley.”
While the ordinance restricts data centers in certain areas, it also automatically allows them in two specific industrial zoning districts, with certain requirements. During Tuesday’s meeting, residents, and even some commissioners, took issue with that “by right” approval.
Kiefer said the county could require a conditional use application for every potential future data center proposal, but the Levy Court would have to amend the ordinance to do that.
Kiefer also noted that currently there is only one parcel within unincorporated Kent County that is vacant and has a zoning that could allow for data center development. The property is the site of the former Reichhold Chemical plant, north of Dover.
There is a second site, south of Felton, that is identified as a parcel that could be rezoned for data center development, Kiefer told Spotlight Delaware. She said the county has not been approached with any data center applications.
Kiefer also noted that other municipalities, including Harrington, have been interested in adopting their own local data center regulations as well.
Public comments seek protections
During Tuesday’s meeting, several residents made their general disdain for data centers clear.
“I used to complain about the smell of cows. I think I would rather have that than the hum of data centers,” one Fox Hall resident said. “We don’t want data centers here.”
Others provided more nuanced opposition. Some said they want data centers to have to ask for special permissions, regardless of the zoning of their land.
Still others said they want to see even more rules governing the facilities, including bigger buffers, more restrictive noise limits, and assurances to protect public health.
Linda Parkowski, executive director at the Kent Economic Partnership, testified Tuesday that there are no data center developers currently calling her office with an eye on Kent County.
“And it’s unlikely we will get that,” she said. “It will end up in a municipality.”
