The Data Center Divide
A policy snapshot ahead of the 2026 midterms. Mapping data center incentives, restrictions, and bans through legislation, regulations, and executive actions across all 50 states and 1,462 local jurisdictions.
Kent County
Anti-Data Center Policies
Kent County’s enacted ordinance limits data centers to two industrial districts, bars them from general business zones, and requires setbacks and proof of available water and electricity. It creates meaningful hurdles but does not ban them.
current law · Unincorporated areasRestricts data centers to light and general industrial zones, requires setbacks and noise, water, and electricity checks, and treats on-site power generation as a separate conditional use.Kent County Ordinance LC26-06 (2026)
What this means
The measure would limit data centers to two industrial zoning districts, remove them from general business zones, and require setbacks and proof of available water and electricity (specific zoning and setback rules). Those requirements add real hurdles, but they do not ban data centers, so the overall effect is a meaningful restriction rather than a severe barrier.
People behind it
- Commissioner Hall
Moved to adopt Ordinance LC2606 establishing regulations for data centers in Kent County.
- Commissioner Sweeney
Seconded the motion to adopt Ordinance LC2606.
- Sarah Kiefer
County planning official who presented and explained the proposed data center ordinance.
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- Kent County Regional Planning Commission
Reviewed Ordinance LC2606 and unanimously recommended its approval.
- Senator Eric Buckson
Introduced Senate Bill 353, a proposed statewide data-center moratorium.
- Representative Michael F. Smith
Co-introduced Senate Bill 353, a proposed statewide data-center moratorium.
Restrictions & requirementsHide restrictions & requirements7
Limits data centers to the IL (limited industrial) and IG (general industrial) zoning districts; they are not permitted in the other districts where they could previously have been included within broader use categories.
Requires the data center building to be set back at least 300 feet from applicable property lines or protected areas.
Requires mechanical equipment, including generators, to be set back at least 400 feet.
Requires an applicant to provide a letter confirming the availability of an adequate water supply before approval.
Requires an applicant to provide a letter from the electricity provider confirming adequate electrical service for the data center.
Requires a noise study and mitigation measures when the study identifies noncompliance with applicable noise requirements.
Does not authorize power generation as part of a data-center application; power generation must instead receive separate conditional-use approval.
Benefits & exceptionsHide benefits & exceptions1
Data centers are classified as a permitted use with specified conditions in the IL (limited industrial) and IG (general industrial) zoning districts, allowing eligible projects to proceed through the permitted-use/site-plan process rather than requiring conditional-use approval before construction.
Sources
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