Baltimore County Council will consider extending data center moratorium

Baltimore County’s pause on data center development could go on longer than originally planned.

Council member David Marks said Thursday that he plans to introduce legislation in August that would extend the county’s data center moratorium by six months. The current moratorium expires no later than Jan. 1, 2027.

The Upper Falls Republican’s announcement came after a county task force introduced a draft report at Thursday’s Planning Board meeting that recommended stricter oversight of data centers, including new zoning rules, environmental safeguards and greater community participation in the development process.

The report recommends limiting data centers primarily to industrial areas and prohibiting them on agricultural land, areas outside the Urban-Rural Demarcation Line, and within 750 feet of homes. In overburdened and underserved communities, projects would require a case-by-case review by an administrative law judge.

The board will hold a public hearing Sept. 3 before voting on the report Sept. 17. If approved, the recommendations will be forwarded to the council.

Marks, who is running for reelection in his east side district, said the breadth of the 51-page report reinforced the need for a more measured approach before new council members take office in December.

“I think we all recognize this is a very complex issue,” he said in a phone call, “and a lame-duck council probably shouldn’t be rushing through it.”

The Planning Board’s recommendations are due to the council by Oct. 1. Marks’ bill would ease pressure on lawmakers to act on the proposals before the November general election.

Council Chair Mike Ertel, a Towson Democrat also seeking reelection, said he supports extending the moratorium to give the incoming council more time to consider a complicated and contentious issue.

“I don’t know who would necessarily be against it,” Ertel said of the proposal. “I feel like every one of us on the council has had concerns about these things.”

Council member Pat Young, a Catonsville Democrat, said he would wait for the Planning Board’s final recommendations before weighing in on extending the moratorium. Council member Julian Jones, of Woodstock, the Democratic nominee for county executive, declined to comment.

The other three council members did not respond to requests for comment.

The council approved the current moratorium in February. In doing so, it placed Baltimore County on a growing list of local jurisdictions that have restricted data centers — facilities that house servers and other computing equipment and have rapidly expanded amid the artificial intelligence boom.

In just the past six weeks, Frederick County, once the state’s hub of data center development, implemented a moratorium on new proposals. Prince George’s County extended its moratorium by two years. Montgomery County approved a six-month pause. Harford County issued the state’s first ban on data centers.

Supporters say data centers create jobs and generate tax revenue. Critics warn they strain energy and water resources and drive utility rates higher.

The Maryland Tech Council, a local trade association, testified in opposition to Baltimore County’s initial moratorium, arguing it would discourage development that could bring revenue and jobs.

Maryland Tech Council spokesperson Henry Fawell did not comment on the new proposal but said in a statement that the group “will continue working with policy makers across the state to demonstrate how expanding critical digital infrastructure strengthens both our economy and our communities.”

Several candidates running for seats on the soon-to-be-expanded council are calling on lawmakers to place additional restrictions on data centers.

Seven of nine Democratic council candidates said in a joint statement Thursday that they support a one-year extension of the moratorium and would seek to advance such a proposal if elected.

Democrat Shawn McIntosh, who is challenging Republican incumbent Nino Mangione in a new northern county district, went further, calling for a ban.

“Our communities should not be asked to sacrifice clean air, reliable water, affordable electricity, and valuable land resources to accommodate unchecked data center expansion,” McIntosh said in the statement. “While technology has an important role to play, growth must not come at the expense of the people who live here only to profit Billionaires who don’t.”

The draft report introduced to the Planning Board on Thursday offers a first glimpse of what regulating data centers in the county could look like.

In addition to zoning changes, the report recommends requiring developers to demonstrate adequate utility capacity, minimize water use, and enter agreements with the county outlining how they will mitigate environmental impacts.

The recommendations would also make data centers ineligible for county financial incentives, eliminate by-right approvals and require an additional public meeting before developers submit a concept plan.

Although the board did not take public comment, about 50 people filled its small hearing room Thursday. One held a homemade sign that read, “NO DATA CENTERS.”