City of New Castle
Anti-Data Center Policies
New Castle County requires data centers to undergo special-use review in certain zones, with residential setbacks, noise limits, and financial guarantees for removal and site restoration. The descriptions call the ordinance both enacted and something that “would” apply.
Rating and summary from New Castle County as there are no scored current or future laws outside temporary restrictions for City of New Castle.
pending · City of New CastleWould require data centers in New Castle’s industrial district to obtain special approval and meet rules on location, noise, water and energy use, cooling, generators, safety, and eventual closure.City of New Castle Ordinance No. 2026-568
What this means
The proposal would allow data centers only through special-exception approval in the industrial district, with a 1,000-foot buffer from homes, schools, and daycares. Noise studies, utility and water plans, closed-loop cooling, generator limits, and ongoing reporting would add substantial costs and hurdles, though the proposal is not a complete ban.
People behind it
- Council Person Joseph Day
Identified as the sponsor proposing Ordinance 568 to establish standards for the review, siting, and operation of data centers.
Restrictions & requirementsHide restrictions & requirements19
Data centers are allowed only as special exceptions in the Industrial District I and require approval from the Board of Adjustment under the applicable zoning procedures. may be permitted as special exceptions upon approval of the Board of Adjustment
No portion of a data center—including generators, cooling equipment, fuel storage, or equipment yards—may be located within 1,000 feet of residentially zoned property, an existing school, or an existing daycare center. No portion of any Data Center
Data centers must provide year-round visual screening using an opaque wall, decorative fence, berm, or similar feature combined with landscaping; evergreen trees must generally be at least five feet tall when planted and spaced no more than 15 feet apart, or achieve equivalent screening within three years. Visual screening in the form of walls or fencing
Rooftop mechanical equipment and other appurtenances must be concealed or integrated into the roof so they are not visible from public rights of way at ground level. Rooftop mechanical equipment and other appurtenances
Applicants must submit a noise study prepared by a qualified acoustical professional that measures existing ambient noise, models all major data center equipment, analyzes low-frequency noise and infrasound from 1 to 200 Hz, and demonstrates that operations will not increase ambient noise by more than 5 dBA at specified sensitive receptors. A noise study prepared by a qualified acoustical professional
During normal operations, the difference between unweighted sound levels (dBZ) and A-weighted sound levels (dBA) at the nearest specified sensitive receptor may not exceed 20 decibels unless the applicant demonstrates through a site-specific acoustical analysis that no adverse impacts will occur. must not exceed twenty (20) decibels
The City may require post-construction acoustical testing after a documented complaint and may require corrective measures—such as enclosures, barriers, equipment relocation, or operating limits—if noncompliance is demonstrated. Upon receipt of a documented complaint
The Board of Adjustment may require site-specific noise controls, including vibration isolation, acoustic barriers with at least an STC rating of 35, and building or equipment-yard placement that shields nearby residential or institutional uses. The Board of Adjustment may require
Applicants must obtain a written water-utility statement confirming adequate service and capacity and submit a Water Management Plan addressing consumption, peak demand, supply sources, conservation, cooling efficiency, and contingency measures. Water Supply
Applicants must obtain a written energy-utility statement confirming adequate service and capacity and submit an Energy Management Plan addressing consumption, peak demand, energy sources, conservation, and contingencies for interruptions or emergencies. Energy Supply
Data centers must use closed-loop cooling for process and equipment cooling unless the Board of Adjustment approves an open-loop or once-through system after coordination with applicable state agencies. must use closed-loop cooling systems
Applicants must submit a written statement from the local electric utility confirming sufficient grid capacity for all proposed phases or documentation that onsite generation will meet or exceed projected load. confirming either the availability of sufficient grid capacity
Emergency or backup generators must be Tier IV certified or use natural gas with selective catalytic reduction achieving equivalent or better emissions performance than Tier IV diesel. must be certified Tier IV or utilize natural gas
Backup generators may be used only for outages, emergencies, maintenance, and readiness testing; routine testing is limited to 8:00 a.m. through 6:00 p.m.; and generators may not be used for peak shaving, demand response, commercial generation, or electricity sales or exports except during an actual outage or emergency. Routine generator testing will be permitted only between the hours
Applicants must submit a Hazardous Materials Management Plan identifying hazardous materials, quantities, locations, containment, spill prevention, leak detection, fire protection, inspections, emergency response, and coordination with local emergency agencies. The Applicant must submit a Hazardous Materials Management Plan
Site lighting must be designed and shielded to produce zero footcandles at adjoining residential property lines. achieve zero (0) footcandles
Before a Certificate of Occupancy is issued, the owner or operator must submit a City-approved Decommissioning Plan covering removal of the facility and associated infrastructure and restoration of the site to a safe and stable condition. Prior to the issuance of a Certificate of Occupancy
The operator or property owner must notify the Building Official if the data center is inactive for more than six consecutive months. After one year of inactivity, the facility is deemed abandoned unless the Board of Adjustment grants an extension for good cause; within six months thereafter, the owner must either undergo an inspection before restarting or remove the data center improvements under an approved decommissioning plan. out of active operation for more than six (6) consecutive months
Owners or operators must submit a certified compliance report to the City every three years after issuance of the Certificate of Occupancy, covering continued compliance with noise, lighting, screening, hazardous materials, generators, electricity, water, and other approval conditions. submit a compliance report to the City every three (3) years
Benefits & exceptionsHide benefits & exceptions6
Data centers are eligible for approval as special exceptions in the Industrial District I, subject to Board of Adjustment review and the ordinance’s requirements.
An applicant may demonstrate adequate power either through available grid capacity or through onsite generation meeting or exceeding the facility’s projected load.
The Board of Adjustment may approve an open-loop or once-through cooling system as an exception to the closed-loop cooling requirement, after coordination with applicable state agencies.
Backup generators may use either Tier IV certification or natural gas with Selective Catalytic Reduction that provides equivalent or better emissions performance than Tier IV diesel.
Emergency generators may operate during utility outages, emergency conditions, routine maintenance, and operational-readiness testing, with routine testing allowed from 8:00 a.m. to 6:00 p.m.
A data center that has ceased operating for at least one year may receive an extension from the Board of Adjustment for good cause, avoiding automatic abandonment.
Sources
Data provided by Regbase · Cookie preferences · Report missing data
