Frederick County executive orders data center development pause after court ruling

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Frederick County Executive Jessica Fitzwater issued a temporary pause on new data center development in the county Wednesday. 

The executive order was signed a day after the Maryland Supreme Court upheld a decision by the Frederick County Circuit Court determining that zoning changes such as the one affecting a data center campus north of Adamstown are not subject to ballot referendums, despite the efforts of a grassroots group.

Fitzwater’s executive order pauses the acceptance and processing of new applications for the facilities until Dec. 31 – after the state issues its Data Center Impact Analysis and Report, Frederick County officials said.

“While the Supreme Court has ruled that the zoning ordinance cannot go on the ballot, the level of engagement and the number of residents who signed the referendum tells me that many in our community, like communities across the country, have real concerns about how data centers will affect us,” Fitzwater said in a statement.  

“This pause will give us time to respond to those concerns and consider the findings of the State’s report.”

The pause does not apply to properties that already received development approvals or stop work on those under construction.

Aiming to enhance transparency concerning data center energy usage, the county executive signed a second executive order Wednesday requiring data center developers to provide proof of registration with the Maryland Public Service Commission’s large-load customer registry before advancing through the county review process, according to a news release. 

After the Frederick County Council passed an ordinance in December adding 1,000 acres to the area designated for data centers, the local Data Center Referendum Committee mobilized in an attempt to put the issue on the November ballot. The group said the data center campus would encroach on farmland and drive up utility costs.

“We are happy to hear the announcement from our county executive, however are disheartened that it came the day after all the court proceedings came to a close,” Elizabeth Bauer, lead organizer for the committee, said in a statement.

“Further, we are questioning her sincerity in her position and believe this is a political ploy to align with the underdog candidates who won the primary election.”

According to Fitzwater, restarted negotiations are underway on a community benefit agreement related to the Quantum Frederick campus, a project that her office says has generated more than $50 million in tax revenue and supported agricultural preservation, open space housing and transit initiatives.

The county is planning to schedule two community information sessions about the oversight of data center development.