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Regbase

The Data Center Divide

Baltimore County

This restriction takes precedence while in effect. The rating below excludes temporary restrictions.

Pro-Data Center Policies

Baltimore County’s enacted measures are described conditionally as pausing data-center permits through dates ranging from January 2027 to December 2027; zoning also allows them in specified areas subject to development rules.

current law · County measure: Data centers and energy storage devices are limited to areas east of Pulaski Highway (Route 40) or south of Liberty Road; Section 443’s special standards apply only in the R.C.5 Zone.
Allows data centers in certain Baltimore County zones only east of Route 40 or south of Liberty Road, subject to zoning rules on setbacks, height, parking, landscaping, and noise.Baltimore County Zoning Regulations § 443 — Data Centers and Energy Storage Devices (2026)

What this means

The measure would allow data centers by right in several listed zones, which can make approval easier, but only in specified areas of the county and subject to zoning conditions. For example, it limits where data centers may be located and sets rules for setbacks, height, parking, and landscaping (location and development standards).

People behind it

  • Named as the bill’s councilman sponsor in the bill heading: “Mr. David Marks, Councilman”.

  • The bill heading identifies it as introduced “By the County Council”.

Restrictions & requirementsHide restrictions & requirements8
  • A data center may be located only east of Pulaski Highway (Route 40) or south of Liberty Road.

  • Data centers are permitted only in specified zoning circumstances: in R.C.5, M.R., M.L.R., M.L., and M.H. zones; in a B.M. zone, only when the lot is part of a tract that also includes M.L.- or M.H.-zoned land. M.R.-zone operations must be entirely inside enclosed buildings unless the development plan approves otherwise.

  • In R.C.5, the minimum setback from a lot or street line is 10 feet. It may be reduced to zero to integrate, adjoin, or connect structures on contiguous lots with the contiguous-lot owner’s expressed approval.

  • In R.C.5, principal structures associated with a data center may not exceed 60 feet in height; interconnection equipment, poles, and other ancillary support structures are not counted as principal structures.

  • In R.C.5, off-street parking must provide at least one space per employee on the largest shift.

  • In R.C.5, signage must comply with the M.H.-zone regulations.

  • In R.C.5, a landscaping buffer is required around portions of the property with data-center buildings or structures adjoining residentially zoned or used property. Landscaping is not required in already vegetated areas or where it would conflict with other regulations, including wetlands or natural-habitat protections.

  • In R.C.5, data centers must comply with state and local noise ordinances and regulations, including COMAR 26.02.03.02 and Article 17, Title 3 of the Baltimore County Code.

Benefits & exceptionsHide benefits & exceptions7
  • Data centers are permitted as of right in the R.C.5, M.L., and M.H. zones, subject to the measure’s conditions. They are also permitted in M.R if operations are entirely inside enclosed buildings unless the development plan approves otherwise, and in M.L.R through the uses allowed in M.R. Data centers are permitted in B.M only when the lot is part of a tract that also includes M.L. or M.H.-zoned land; the tract may span public roads or rights-of-way, and the use may be a single operation or part of a multi-operator campus. Data centers are limited to locations east of Pulaski Highway or south of Liberty Road. The measure lists these permitted uses and conditions.

  • A data center may be permitted in the Chesapeake Bay Critical Area notwithstanding contrary zoning provisions; the measure does not require a data center to be located there. The section allows this location.

  • For data centers governed by the special standards, the minimum setback is 10 feet; it may be reduced to zero to join or connect structures on contiguous lots with the neighboring owner’s express approval. No setback is required between the facility’s structures or their accessory devices. The standards set these setback rules.

  • The special standards allow principal structures up to 60 feet high and impose no lot-coverage requirement; interconnection equipment, poles, and other ancillary support structures are not counted as principal structures for the height limit. The standards specify the height and lot coverage rules.

  • The minimum off-street parking requirement is one space per employee on the largest shift. The parking rule uses the largest shift.

  • A landscaping buffer is required where a data-center building or structure adjoins property zoned or used for residential purposes, but landscaping is not required in already vegetated areas or where it would conflict with other regulations, such as wetland or natural-habitat protections. The landscaping rule includes these exceptions.

  • Where the special section applies, its provisions govern if they conflict with other zoning regulations, protecting the section’s standards from conflicting zoning rules. The section applies only to data centers in the R.C.5 zone. The conflict rule and zone limit are stated here.

Sources

Specific to Baltimore County only.

current law · County measure
Extends Baltimore County’s pause on issuing data center permits and approving related development plans or zoning petitions through December 31, 2027.Baltimore County Bill 79-26 (2026)

What this means

The measure would suspend permits and county approvals for data centers through December 31, 2027, making new construction or expansion substantially harder during that period (permits and approvals would be suspended). This is a temporary moratorium, not a permanent ban, and the measure provides no operating benefits or exceptions.

Timing

Ends
Dec 31, 2027

The moratorium suspends permits and bars County approval of development plans or zoning petitions regarding data centers until December 31, 2027.

People behind it

  • Identified as a sponsor of Bill 79-26.

  • Identified as a sponsor of Bill 79-26.

  • Identified as a sponsor of Bill 79-26.

Show 3 more peopleShow fewer people
  • Identified as a sponsor of Bill 79-26.

  • Identified as a sponsor of Bill 79-26.

  • Identified as the body by which the bill was introduced.

Restrictions & requirementsHide restrictions & requirements1
  • Until December 31, 2027, the authority to issue or grant data-center permits is suspended, and county agencies may not approve development plans, zoning petitions, or permit applications regarding data centers. The bill’s temporary controls

Sources

current law · County measure
Temporarily suspends data-center permits and applications while the County studies their utility use and recommends future regulations.Baltimore County Bill 3-26 (2026)

What this means

The bill would pause data-center permits and applications until January 1, 2027, or until 90 days after the required study is submitted, whichever comes first (permit authority would be suspended). That temporary freeze could delay or block projects for months, though it is not a permanent ban.

Timing

Ends
The earlier of 2027-01-01 or 90 days after the Planning Board submits its report and recommendations to the County Council

Bill 3-26 suspends data-center permits and related applications until that earlier cutoff. The Council’s legislation list also identifies adopted Bill 79-26 as an extension of Bill 3-26’s temporary controls, but the supplied source does not state the revised expiration condition.

People behind it

  • Identified as the bill’s sponsors; the measure was introduced by the County Council on January 5, 2026 (“All Councilmembers By the County Council”).

Restrictions & requirementsHide restrictions & requirements2
  • Data centers are permitted only east of Pulaski Highway (Route 40) or south of Liberty Road. “only permitted east of Pulaski Highway”

  • A temporary permitting moratorium suspends authority to issue or grant data-center permits and bars County agencies from accepting related applications, petitions, or hearing requests, or approving development plans or zoning petitions. It lasts until January 1, 2027, or 90 days after the Planning Board submits its report and recommendations, whichever occurs first. “until either January 1, 2027 or 90 days”

Sources

Specific to Baltimore County only.

failed · County measure
Would repeal Baltimore County’s zoning definition, permitted-use rules, and special regulations for data centers, but the bill was withdrawn and did not become law.Baltimore County Bill 9-26 (2026)

What this means

The bill would remove data centers’ definition, listed permitted uses, and special zoning rules, making approval and development substantially harder (repealing the definition, permitted uses, and special regulations). It does not expressly ban data centers, but it would eliminate their clear path to approval in the zones named in the bill.

People behind it

  • Identified as a sponsor of Bill 9-26.

  • Identified as a sponsor of Bill 9-26.

  • Named as the body introducing the bill.

Restrictions & requirementsHide restrictions & requirements2
  • The proposal would remove data centers from the permitted-use provisions for the R.C.5, B.M., M.R., M.L.R., M.L., and M.H. zones. In the B.M. Zone, that would also remove the existing pathway subject to the requirement that the tract include M.L. or M.H.-zoned land. The bill strikes “data centers or” from those use provisions, but the Council lists Bill 9-26 as withdrawn.

  • The proposal would remove data centers from Section 443’s special-regulations framework, including its provisions on Chesapeake Bay Critical Area location, setbacks and height, parking, landscaping, and noise. The amended section applies to energy storage devices, not data centers; Bill 9-26 is listed as withdrawn.

Sources

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