by Kate Shunney
Officials with the Washington County Board of County Commissioners and planning agency have released a forecast of how long it may take them to create local regulations covering proposed data center development in the county.
In a press release last week, officials said the Planning Commission could hold hearings this month and next on the issue, followed by reviews of proposed state legislation in early 2027, then multiple other layers of review and rulemaking.
The Board of County Commissioners have not approved a data center or data center construction in Washington County so far.
In late June, the Board of County Commissioners approved a temporary, twelve (12) month moratorium on the acceptance, processing, reviewing and approval of applications, plans, or requests for data centers within Washington County.
“The moratorium was approved to provide the County with adequate time to thoroughly study this emerging technology and land use potential. The moratorium will also provide the County with time to adequately determine how future data center proposals, if any, can be evaluated for consistency with Washington County community goals and long-term planning objectives,” county officials said of the move.
“The moratorium is not intended to permanently prohibit data center development. The moratorium became effective immediately upon adoption and will remain in effect for twelve (12) months unless modified or extended by a majority vote of the Washington County Board of County Commissioners.”
Under state code, the county only has the power to make land use policy within its borders, but not within incorporate town limits in Washington County.
The incorporated areas of Washington County include the City of Hagerstown, and the Towns of Clear Spring, Hancock, Boonsboro, Keedysville, Smithsburg, Williamsport, Funkstown, and Sharpsburg.
“[Z]oning regulations in those incorporated areas are not governed by the Board of County Commissioners. As a result, each of the municipalities may still consider data center development without any input or approvals by the Commissioners except as provided in Section §4-416 b as it relates to the development of annexed land where the land uses are substantially different than the authorized use previously classified by the County at the time of annexation,” said county officials in explaining their planning process.
The county has said they have defined “data centers” as “facilities that consist of one or more buildings used primarily for the storage, management, processing, and transmission of large amounts of digital data and which houses computing infrastructure, such as, computers, network equipment, systems, servers, appliances, and other associated components related to digital data operations.”
County officials said their staff have researched “best practices” and compiled a list of topics that will be touched on by future proposed regulations:
–Energy plan that utilizes alternate, self generating power, and returns power to the grid to prevent shifting costs onto everyday ratepayers. This should include a potential prohibition of natural gas turbines. Back up energy sources should consider the prohibition of lithium-ion batteries.
–Water plan that utilizes water recycling, incorporates drought planning and utilizes geothermal or alternative cooling technologies.
–Noise study that evaluates pre and post construction noise (dBA and dBC). Limit noise to a maximum of 50 dBA at the property line and reduction of dBC tonal / narrow band noise to background noise levels.
–Require installation of noise barriers such as trees, berms, etc.
–When reviewing setbacks from residential homes that are present now or that may be constructed in the future, a minimum setback of 1,000 ft should considered.
–Study of air quality and environmental impacts.
–Limit development to areas zoned Planned Industrial (PI) AND by Special Exception only. The Special Exception designation means that the developer will be required to submit a request to the Board of Zoning Appeals (BZA) before a permit may be issued; and, the BZA will review the application, conduct a Public Hearing and obtain public input before making a decision.
–Development of an appropriate Excise Tax or Impact Fee.
The county’s timeline to consider creating policy around these issues is as follows:
July 2026 through September 2026- Staff review
October 2026 through November 2026- Planning Commission Workshops
December 2026 through January 2027- Planning Commission Discussion on Proposed Local Regulations
January 2027 through February 2027- Review and Adjust based on any Proposed State Legislation
March 2027- Draft of Local Zoning Amendment Available for Review
April 2027 through June 2027- Submit to Board of County Commissioners for a Public Hearing, Review, and Potential Adoption
Notices of hearings will be shared on the county’s website and via other methods to be determined.
