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Kent County Levy Court passes new ordinance to place restrictions on data centers

Kent County Levy Court approves an ordinance that places restrictions on data centers.

The new rules restrict how much noise, light, and other pollution a data center can make, along with other requirements on setbacks from streets and other neighborhoods.

That ordinance was later approved by the Regional Planning Commission and handed to the Levy Court for a final decision.

The ordinance does not open the door to new data centers in Kent County- existing county code already allowed them. Instead, the new laws place restrictions on potential future data centers.

Restrictions that some, like Commissioner George Sweeney, felt weren’t strict enough.

“Noise? I have a problem with noise. Not just with this, but noise in general with the county. 55db I think should be lower. 50db means 25 feet from that you can still have a conversation. But, the waves that are sent out into the general public- you don’t see those but you’ll feel them.” he said.

Kent County began the consideration of regulating data centers in an official capacity at the start of last month when an ordinance drafted with the help The Kent Economic Partnership was introduced during a June workshop meeting.

Commissioner Jeffery Hall says that the rules, however, are limited by jurisdiction.

“We’re developing an ordinance for the unincorporated portions of the county. So, we have no authority over Dover, Harrington, Smyrna, Milford…” he said.

Hall’s comment comes as considerations for a data center in Harrington, on the former Harrington Logistics property loom- but so far no applications have been submitted.

Public comment on the ordinance was notable, with much of the sentiment from commenters being against data centers. Commissioners noted their concern, adding that the passing of this ordinance could lead to even further restrictions in the future.

Sweeney, along with the rest of the commission, voted to pass the ordinance in a unanimous decision- but many commissioners expressed interest in future hearings to amend the ordinance and add further restrictions.

Isreal joined Delaware Public Media in July 2025.
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