KENT COUNTY, Del. - Kent County has adopted its first set of regulations governing where data centers can be built in unincorporated areas, but the discussion over the industry's future is far from settled.
Following a packed public meeting Tuesday night, Kent County Levy Court unanimously approved an ordinance establishing new requirements for future data center developments, including restrictions on where they can be located and new standards aimed at protecting nearby communities.
The ordinance limits data centers to certain industrially zoned properties in unincorporated Kent County and requires setbacks from homes, noise limits, vegetative buffers and documentation showing adequate water and electric service before a project can move forward.
Commissioner Jody Sweeney said the ordinance gives the county safeguards that did not previously exist.
"We have nothing in place now," Sweeney said. "What this ordinance does is it puts restrictions and regulations on any data centers that want to come into the county."
Many community members who attended Tuesday's meeting made it clear they would prefer not to see data centers in Kent County at all. Several raised concerns about potential impacts on noise, water usage, electric demand and the environment.
State Sen. Eric Buckson said those concerns deserve additional study before more projects are approved.
"We understand the necessity of data centers," Buckson said. "What we don't understand is their impacts in their entirety on local regions. Let's pump the brakes."
Buckson said he previously introduced Senate Bill 353, which would have placed a statewide moratorium on new data centers while officials gathered more information about their long-term impacts. The legislation did not receive a vote before the General Assembly adjourned.
He believes a temporary pause would give local and state leaders time to study how other jurisdictions have managed data center growth and develop stronger protections if needed.
Sweeney said Levy Court is also looking beyond the ordinance that was just adopted.
One change he plans to pursue would eliminate "by-right" approvals for data centers. Under the current ordinance, projects that meet all zoning requirements could move forward without a public hearing before Levy Court.
"I am championing a cause to get rid of that so they do not have by-right approvals," Sweeney said.
He said requiring public hearings would ensure both county leaders and residents have an opportunity to weigh in on future proposals.
County officials are also reviewing whether a temporary moratorium—or even a countywide ban on data centers in unincorporated Kent County—is legally possible.
For now, officials say there are no active applications for data centers in unincorporated Kent County. Projects proposed within municipalities such as Dover, Harrington or Smyrna would fall under those local governments' authority rather than Levy Court.
