A six-month moratorium, effective August 28, 2026, bars the County from accepting data-center site-plan applications or approving pending or new site plans proposing a data center.

Outside Town Centers, data centers require Special Exception approval with conditions and Board of Appeals review in the I-1 Light Industrial District; they are permitted with conditions in the I-2 Heavy Industrial District.

Data centers must be set back 200 feet from all property lines and 400 feet from any lot or parcel containing a residential building or active residential building permit, except for adjacent properties under common ownership.

Primary building facades must include at least two design treatments: fenestration, recessed facade areas, or changes in building materials, patterns, textures, colors, or accent materials.

Data-center noise, including noise from accessory mechanical equipment, must comply with Chapter 80 of the County Noise Control Ordinance; in industrial zones, the stated limits are 75 dBA during the day and 70 dBA at night.

Noise violations may result in civil fines of up to $1,000 for a first offense and up to $10,000 for each subsequent offense.

Before any applicable Planning Commission meeting, the applicant must hold at least one public meeting in the election district where the data center is proposed, advertise it once a week for at least two consecutive weeks, and submit the attendance sign-in sheet and minutes at least two weeks before the Planning Commission meeting. The first advertisement may be no more than 30 days before the meeting.

Groundwater wells may not be drilled or used to supply water for data-center cooling or humidification.

A data center must obtain approval of a Water Services Plan prepared by a Maryland-licensed professional engineer, addressing projected water demand, evaporation, water and wastewater arrangements, non-potable sources, cooling systems, potable-water reduction measures, metering, annual reporting, sustainability, and impacts on public utilities and ratepayers.

The Water Services Plan must be updated and reapproved before a material expansion or operational change that increases projected average daily cooling-water demand by more than 10 percent over the approved plan.

Inefficient evaporative cooling systems, including continuous cooling towers and once-through cooling, are prohibited; evaporative cooling may be used only through highly efficient systems.

The applicant or owner must pay the full cost of designing, permitting, constructing, and inspecting required on-site and off-site public infrastructure improvements, including water, wastewater, stormwater, and roadway improvements.

Stationary diesel generators serving server rooms, including emergency and standby generators, must meet U.S. EPA Tier 4 Final standards or equivalent successor performance where available for the applicable engine size or class, and must comply with Maryland Department of the Environment air-quality permitting requirements.

The Department of Planning and Zoning may require third-party review of a data-center plan or application when it determines review is necessary, and the applicant must pay the associated costs under the approved fee schedule.

Commercial or industrial projects that fill wetlands or affect wetland buffers require Planning Commission conceptual site-plan approval and applicable federal, State, and County permits; subdivision may not require wetland filling except for access to otherwise inaccessible property or stormwater management outside wetlands, and filling wetlands for single-family detached homes is prohibited.

Development near nontidal wetlands must maintain a 50-foot buffer, potentially expanded under State requirements, plus a 10-foot building setback from the buffer edge; the buffer must remain undisturbed, and enhanced sediment and erosion controls are required for disturbance within 100 feet of the buffer edge.

Development activities and other disturbances in designated habitat protection areas are prohibited unless the applicant demonstrates they will not adversely affect the habitat, and required Habitat Protection Plans must be approved before specified development plans or permits.

Buildings in designated Chesapeake Bay, Patuxent River, and tributary cliff areas must meet setbacks of 300 feet or the ER50 line in Category 1, 200 feet or the ER50 line in Category 2, and 100 feet or the ER50 line in Category 3; subdivisions must be set back 300 feet in Category 1 and 200 feet in Category 2.

Development in a special flood hazard area requires a County permit before work begins, along with required State, federal, or local approvals; nonresidential buildings generally must be elevated to the required flood-protection elevation, and new nonresidential floodproofing is prohibited in nontidal State waters and Coastal A Zones.

Buildings and structures generally may not exceed 40 feet in height; in the I-2 District, the limit is 75 feet, but the building must be set back from property lines by twice its height, except from commonly owned adjoining property.

Nonresidential development must provide sidewalks or multi-use paths, comply with County road standards, provide loading and trash-collection facilities, and meet specified arterial-road, cross-access, and emergency-access requirements; roads must be completed or bonded before building permits are issued.

Certain commercial, industrial, and institutional properties must comply with outdoor-lighting controls, including full-cutoff, downward-aimed luminaires and a limit of 0.1 horizontal footcandle on adjacent residential property.

Subdivisions and site-plan developments must address historic and archaeological resources; buildings at least 50 years old may require historic assessment, preservation, or documentation before removal, archaeological surveys or preservation may be required, and known cemeteries require a 25-foot construction-avoidance area, an easement, and a 15-foot access right-of-way.

Data centers are permitted with conditions in the I-2 Heavy Industrial District, subject to the applicable requirements in Section 18-11.F.

Data centers may be approved through conditional-use or special-exception approval in the I-1 Light Industrial and Mixed-Use District, providing an additional zoning pathway. (Data Center)

A data center may consist of multiple buildings arranged as a unified campus.

The 400-foot separation from residential lots or parcels does not apply to adjacent properties under common ownership, allowing more flexible siting or expansion across commonly owned land. (except for adjacent properties under common ownership)

In the I-2 District, buildings may be up to 75 feet high instead of the general 40-foot maximum, provided they are set back twice their height from property lines other than commonly owned adjoining properties. (In the I-2 District, no building or structure shall exceed 75 feet)

Industrial Districts are intended to provide infrastructure required by targeted industries, including high-technology and research firms. (infrastructure they require)

A Community Enhancement District may include uses listed in Article 18, including qualifying industrial uses, when consistent with the Comprehensive Plan and ordinance; the land must be under unified control and the district requires Planning Commission and Board of County Commissioners approval. (Any use within the use tables of Article 18)

A Community Enhancement District may provide relief from strict base-district development standards and allow creative approaches to access, lighting, open space, and amenities, subject to the required approval process. (Provide for relief from the strict application)

The Community Enhancement District framework applies public improvements such as sewer laterals, roads, and sidewalks to the development as a whole and is intended to reduce the burden of new development on utility and infrastructure systems. (Decrease the burden created by new development on utilities)

Roads serving a development do not have to be completed before building permits are issued if they are bonded with the required financial security and meet applicable road standards. (All roads shall be constructed)

A data center designed to operate without water for cooling may satisfy the water-planning requirement with a sealed certification instead of a full Water Services Plan; domestic and plumbing water use is excluded from this option.

A Water Services Plan must be updated and reapproved only when a material expansion or operational change increases projected average daily cooling-water demand by more than 10 percent over the approved plan.

Highly efficient evaporative cooling systems are allowed for heat rejection, while inefficient continuous cooling towers and once-through cooling are prohibited.

Stationary diesel generators, including emergency and standby generators serving server rooms, are allowed if they meet the applicable U.S. EPA Tier 4 Final or equivalent emissions standard and Maryland air-quality permitting requirements.

Applications submitted before adoption of the ordinance and accepted for site-plan, subdivision, road-plan, or permit review by February 18, 2025, may remain subject to the superseded regulations for up to 12 months after the March 1, 2025 effective date; if the project advances to the next required review or approval during that period, the former regulations continue while the resulting approval remains valid and does not expire. (grandfathered under the superseded regulations)

During the moratorium, the County will not accept data center site plan applications or approve site plans, including pending or new applications. The moratorium takes effect Aug. 28, 2026, and lasts up to six months, but may end earlier by Board resolution. Applications will not be accepted; pending or new site plan requests are covered.

During the moratorium, the County may not issue a grading permit, building permit, or any other County permit for a new data center. Permits for a new Data Center are barred.

The moratorium is temporary: it automatically expires after six months, or earlier if the Board terminates it by resolution after finding its conditions have been satisfied. This ends the ordinance’s bar on site plan approvals, but does not guarantee approval or exempt projects from other requirements.

A six-month moratorium, effective August 28, 2026, bars the County from accepting data-center site-plan applications or approving pending or new data-center site plans. six-month moratorium

Proposed Text Amendment 26-23 would allow data centers only in the I-2 Heavy Industrial District; under the existing zoning described in the sources, data centers can also be considered in I-1, but require conditional-use approval and a Board of Appeals special exception. only permit data centers in the I-2 Special Exception from the Board of Appeals

Data centers must be at least 200 feet from property lines and 400 feet from a lot or parcel with a residential building or active residential building permit, except for adjacent properties under common ownership. setback 200 feet

Before Planning Commission consideration, an applicant must hold a public meeting in the election district where the project is proposed, advertise it weekly for at least two consecutive weeks, and submit the sign-in sheet and minutes at least two weeks before the Commission meeting. Prior to any applicable Planning Commission meeting

Primary building facades must include at least two specified design treatments: fenestration, facade recesses, or changes in materials, pattern, texture, color, or accent materials. at least two of the following treatments

Data-center noise, including noise from accessory mechanical equipment, must comply with Chapter 80 of the County Noise Control Ordinance. must comply with Chapter 80

Proposed Text Amendment 26-23 prohibits drilling or using groundwater wells to supply cooling or humidification. No groundwater well shall be drilled or used

The proposed amendment requires a Water Services Plan prepared by a Maryland-licensed professional engineer and reviewed and approved by Planning & Zoning in consultation with Public Works and, where applicable, the Health Department. The plan must address water demand, supply and disposal, feasible non-potable sources, cooling systems, and metering and annual reporting. Water Services Plan

If a project’s material expansion or operational change increases projected average daily cooling-water demand by more than 10% over the approved plan, the Water Services Plan must be updated and reapproved. A facility designed to use no water for cooling, excluding domestic or plumbing use, may submit a sealed certification instead of a full plan. more than ten percent

Cooling systems may use evaporative heat rejection only if they are highly efficient; continuous cooling towers and once-through cooling are prohibited. Inefficient evaporative systems

The applicant or owner must pay the full cost of required on-site and off-site public infrastructure design, permitting, construction, and inspection, including water, wastewater, stormwater, and roadway improvements. full cost of design, permitting, construction, and inspection

Stationary diesel generators serving server rooms, including emergency and standby generators, must meet U.S. EPA Tier 4 Final emissions standards or equivalent where certification is available for the engine size or class, and must comply with Maryland air-quality permitting requirements. Tier 4 Final emission standards

If Planning & Zoning determines that third-party review is necessary to ensure compliance with applicable requirements, the review is required and the applicant pays the associated costs under the approved fee schedule. third-party review is necessary

A data center designed to operate without water for cooling, apart from domestic or plumbing use, may submit a sealed certification instead of a full Water Services Plan: “in lieu of a full Water Services Plan”.

A Water Services Plan must be updated and reapproved for a material expansion or operational change only if it increases projected average daily cooling-water demand by more than 10% over the approved plan: “by more than ten percent”.

The draft allows cooling systems to use water evaporation for heat rejection if they are highly efficient; continuous cooling towers and once-through cooling are prohibited: “may utilize water evaporation”.