The data center siting and design have emerged as significant topics of discussion in Frederick County, as local officials grapple with the regulation of this rapidly expanding sector.
With the recent expiration of an executive order that had previously restricted the resonance of land for potential data center projects, members of the County Council find themselves divided on the most effective strategy to tackle these issues.
Some council members advocate for more stringent regulations, while others stress the importance of fostering data center development while safeguarding community interests.
Legislative Conflicts Regarding Data Center Regulations
Officials in Frederick County are currently in disagreement over the appropriate regulatory framework for data center siting and design.
Council President Brad Young and Council Member Renee Knapp have proposed a bill that closely resembles a prior initiative put forth by County Executive Jessica Fitzwater.
In contrast, an alternative proposal created by Council Members Steve McKay and Jerry Donald has ignited significant discussion.
The content among council members extends beyond mere policy specifics; it also encompasses the legislative process itself.
Young and Knapp are inclined to prioritize their bill, asserting that it encompasses essential regulatory parameters. On the other hand, McKay and Donald contend that their proposal more accurately embodies the recommendations from the data center work group.
The council’s attempt to vote on the simultaneous introduction of both bills was unsuccessful, further exacerbating the rift among its members.
Current Regulatory Framework
According to the existing zoning regulations, data center developments are allowed by right on properties designated as Limited Industrial (LI) and General Industrial (GI).
This provision enables these projects to advance without the need for further approvals, provided they adhere to specific design and regulatory standards.
In 2022, the council implemented regulations that focused on various design elements, including noise, vibration, building height, and lighting. Nevertheless, significant issues, such as fuel storage and generator operation, were not addressed.
In response to these deficiencies, County Executive Fitzwater established a work group in June 2023 to assess suitable locations for data centers and propose necessary regulatory modifications.
The work group recommended a floating zone strategy, which would necessitate council approval prior to the development of any data center. Although this concept was initially part of the proposed legislation, Fitzwater later retracted it due to concerns regarding its feasibility.
The Concept of the Floating Zone
A central issue in the discussion surrounding data center placement and design is the idea of a floating zone. This type of zone can be designated for specific parcels of land based on established criteria, effectively superseding current zoning laws.
The work group’s recommendation indicated that a floating zone should be applied to parcels that fulfill stringent conditions, such as access to water and sewer infrastructure and proximity to high-voltage transmission lines.
While the Fitzwater administration initially endorsed this concept, it ultimately chose to forgo the floating zone strategy in favor of more stringent site criteria.
Conversely, the bill proposed by McKay and Donald maintains the floating zone requirement, contending that it would enhance control over the locations of data centers.
Their proposal also introduces additional Data Center Siting and Design criteria, including the reduction of potable water usage for cooling purposes and the assurance that adequate electrical capacity is already available within the local grid.
Proposed Modifications to Regulations
The competing legislative proposals present distinct approaches to the regulation of data center location and design. The Knapp and Young bill incorporates several significant revisions informed by public input:
Transitioning from a complaint-based enforcement model for noise and vibration to a system of periodic reporting.
Raising the maximum permissible size of above-ground fuel-storage tanks from 1,100 gallons to 20,000 gallons.
Permitting the use of generators that are not certified by the EPA, provided they comply with equivalent environmental standards.
Conversely, the McKay and Donald bill establishes more stringent siting criteria and environmental protections, including:
Mandating that data centers be situated within two miles of an existing high-voltage electrical substation.
Ensuring that new projects do not substantially increase the demand for potable water.
Requiring developers to demonstrate sufficient electrical capacity prior to receiving approval.
The Path Ahead
As the executive order on rezoning approaches its expiration on April 8, it is imperative for the County Council to reach an agreement promptly. Young and Knapp are advancing their bill, with the hope of garnering sufficient support for its passage.
In contrast, McKay and Donald are advocating for their proposal to be included in upcoming council discussions.
The discourse surrounding the siting and design of data centers is far from resolved. The council faces the challenge of reconciling the necessity for economic advancement with community apprehensions regarding environmental consequences and the strain on infrastructure.
Whether through the implementation of a floating zone or the establishment of more stringent design standards, the ultimate decision will have enduring effects on the developmental framework of Frederick County.
Expert Editorial Comment
As Frederick County navigates regulatory hurdles, the future of data center siting and design remains ambiguous.
The council’s resolution will influence the operational dynamics of data centers in the area, affecting local enterprises, residents, and the environment.
By thoughtfully evaluating both legislative proposals, officials have the chance to create a framework that encourages responsible growth while protecting community interests.
