NC County councilman to introduce data center zoning package

Carer cited the proposed six-million-square-foot data center proposal as the reason for the legislation.

The ordinance amends the Unified Development Code (UDC) to define data centers as a distinct land use and subject them to specified review standards.

Under the proposed framework, data centers would be permitted only in Heavy Industry (HI) and Industrial (I) zoning districts, and only through a special use process, not by right zoning.

It has been reported that the smaller first phase of the data center proposal would be covered under the "by right" zoning provision.

Provisions include:

• A minimum 1,000-foot setback from residential zones, schools, and daycare centers, with an eight-foot minimum berm for visual and noise buffering.
• Strict limits on noise and lighting impacts, including a 55-decibel noise limit from the sending parcel and zero-footcandle lighting at residential property lines.
• A ban on open-loop cooling systems unless reclaimed water is used.
• Requirements for LEED Gold certification (or equivalent), and a Total Usage Efficiency (TUE) of 1.15 or better.
• Mandates for Tier IV or Selective Catalytic Reduction (SCR) equipped generators, fire-safe battery systems, and microgrid readiness.
• A requirement for developers to coordinate with utilities and demonstrate available electric capacity or provide onsite generation.
• Annual compliance reporting and enforcement oversight by the Department of Land Use.

The ordinance was developed through research and consultation with planning professionals and elected officials from Northern Virginia and Maryland. These areas have experienced rapid data center growth and are now grappling with the consequences of early regulatory shortcomings, according to a release from Carter's office.

Guidance from the National Association of Counties, which has been actively studying issues related to AI, energy, and data centers, was also used in developing the ordinance, Carter stated.

The legislation includes four additional County Council cosponsors: Councilmembers Caneco, Toole, Durham, and Cartier.

Councilman Kevin Caneco, whose district includes the proposed Project Washington Data Center, stated: "I want to commend Councilman Carter and the Department of Land Use for the incredible amount of thought and technical work that went into this legislation. This ordinance gives us the ability to make smart, forward-looking decisions—and it's exactly the kind of proactive leadership we need."

Councilman John Cartier emphasized the broader implications of the ordinance, stating: "This legislation strikes the right balance—providing strong public protections while still enabling a thorough and informed review of data center proposals, including the consideration of alternative locations. For instance, under this framework, we could evaluate the former DuPont Edgemoor site as a more suitable option—one that could leverage expanded power generation at the adjacent Calpine Energy Center and use reclaimed water from the City of Wilmington treatment plant. Such a location could offer a far better economic opportunity with significantly fewer community and environmental impacts than the proposed port expansion, and position the area as a hub for innovation, AI development, and workforce training for the future."

Carter also called for state-level coordination, particularly in the area of energy allocation and rates.

Given the scale of energy demand associated with hyperscale data centers, Carter noted that it is essential for the Public Service Commission, acting under its authority in Title 26 of the Delaware Code – Public Utilities, to ensure that any required upgrades or procurement decisions do not result in cost shifts to the public. If such risks are identified, they must be addressed transparently and proactively, Carter stated in the release.