Local Communities Scramble to Regulate Data Centers as New Proposals Emerge

As large-scale data center development spreads into rural parts of northeastern Pennsylvania and the Upper Delaware River region, local officials are racing to determine how — and whether — to regulate an industry many residents had never expected to confront.

In Clinton Township, Wayne County, township supervisors are working through a proposed ordinance that could shape the future of a nearly 700-acre, 20-plus-building data center campus proposed by the Pittston-based Linde Corporation.

Liam Mayo, editor of The River Reporter, said township officials discussed the draft regulations during a meeting this week while the developer works to address deficiencies in its application.

“There’s a bit of a race against the clock on both sides there,” Mayo said.

A new 26-page draft ordinance was released last week, with another revision expected soon. According to township officials, the regulations could take several months to complete. Meanwhile, the proposed data center’s application was previously deemed incomplete by the planning commission.

If the ordinance is adopted before the application is resubmitted and accepted, Mayo said the project would likely have to comply with the new rules.

The debate has also reignited a longstanding discussion about zoning in Clinton Township.

According to Mayo, township solicitor Ronald Bugaj suggested zoning would provide stronger legal footing for regulating large-scale developments than amendments to the township’s subdivision and land development ordinance.

The issue has divided local leaders in the past. One township supervisor said the proposed data center had caused him to reconsider his opposition to zoning.

“He’s sort of rethinking that and seeing it more as a way to protect people and to protect people’s use of their land,” Mayo said.

Another Township Considers Data Center Rules

Elsewhere in Wayne County, Berlin Township is preparing to hold a public hearing on June about a proposed ordinance governing data centers.

While no specific data center project has been proposed there, Mayo said township officials are attempting to establish regulations before one arrives.

The draft ordinance includes requirements that developers submit a master plan for an entire data center campus and contains provisions addressing how technologies housed within data centers could affect public safety and civil liberties.

The proposal reflects concerns surrounding artificial intelligence and emerging technologies.

“It’s something that everyone is having to think about now,” Mayo said.

Berlin Township is largely rural, with farmland and woodlands, and includes the village of Beach Lake. The township borders the Delaware River across from the Sullivan County communities of Narrowsburg and Tusten.

Mayo noted that many residents in the region likely never imagined they would need to consider industrial-scale computing facilities in traditionally rural communities.

“Maybe six months to a year or so ago, no one living in one of these idyllic rural areas immediately adjacent to the Delaware River would have considered, ‘Oh, we need to put regulations in place to make sure we don’t have a major industrial computing facility in our backyard,'” he said.

Highland Enacts Moratorium

Across the river, the Town of Highland in Sullivan County has approved a 12-month moratorium on new data centers.

The measure is intended to give town officials time to review regulations and determine how to address the industry’s potential impacts.

Mayo said local leaders referenced a proposed statewide moratorium under consideration in Albany but emphasized the importance of local action.

The discussion also highlighted the challenges municipalities face as new technologies emerge.

“We live in a rapidly changing world right now,” Mayo said. “There is a lot of development and change happening in these rural areas and sometimes towns and townships can be on the back foot trying to put regulations in place.”

Officials in Highland also approved a moratorium on package plants — modular wastewater treatment systems designed to serve multiple properties.

Mayo said supporters view the systems as an efficient way to manage wastewater, but residents voiced concerns about increased development pressure and potential impacts on local water supplies.

People speaking during public comment raised fears about wells running dry and the strain additional development could place on local resources.

“The idea with that moratorium is kind of the same as the data center moratorium,” Mayo said. “Let’s put a pause on it. Let’s step back. Let’s look at our regulations, our comprehensive plan. Let’s look at what we need to have in place to protect our town and our way of life.”

Image: A project representative presents plans during a Wednesday, June 3 meeting of the Clinton Township Planning Commission. (Liam Mayo/River Reporter)