Frederick County in Maryland has introduced data center bills that will restrict where they can be located.

Introduced by Frederick County Executive Jessica Fitzwater on September 19, the two bills are a result of the Frederick County Data Centers Workgroup's final report.

The first piece of legislation would update the Critical Digital Infrastructure zoning law, increasing the size of a lot needed for a data center.

Developers will have to conduct a "viewshed analysis" to ensure heritage areas are not impacted, and sound and vibration studies will have to be conducted. In addition, generators will have to meet Tier 4 emission standards, and there will be limits on the amount of fuel stored onsite.

Fitzwater said of the workgroup: “They worked diligently to find common ground, despite diverse and sometimes competing viewpoints. In the end, our goal is the same: to ensure data center development occurs responsibly.”

The second bill creates a floating zone for Critical Digital Infrastructure. This applies to land zoned as general industrial or limited industrial and is within a community growth area.

Data centers will also need to be within two miles of existing high-voltage electrical transmission lines.

While the second bill was put forward by Fitzwater, she cited some concerns regarding how fair it would be to more disadvantaged communities.

“I support the workgroup’s goals, but I have deep concerns about the floating zone because it could pit communities against each other,” she said. “Those who can afford attorneys would have an unfair advantage over those who do not have the same resources. That said, I respect the public process and the workgroup’s final report, and I believe this discussion about data centers should continue in a public forum.”

Fitzwater has requested that the county council hold a workshop on the legislation on October 8.

While Maryland isn't a major data center market, Frederick County is home to the planned Quantum Loophole development. Led by former Terremark and CyrusOne executive Snowhorn, Quantum Loophole has partnered with TPG Real Estate Partners and is developing a 2,100-acre, park on the former Alcoa Eastalco Works aluminum smelting plant site.

Quantum Loophole has experienced a number of setbacks, with its first tenant Aligned Data Centers forced to pull out initially when it failed to gain approval for 168 diesel generators on the site.

Maryland amended its regulations around backup generators in May 2024, easing restrictions for data center firms. The move was celebrated by Quantum Loophole, and Aligned Data Center recommenced plans for its development on the campus in light of the allowance.

Rowan Green Data is set to develop a 750,000-square-foot (69,680 sqm) data center on a 151-acre plot within the planned park, and in May 2024 filed for another two projects.

It is unclear if the new bills will impact ongoing projects at the Quantum Loophole park. DCD has reached out to the companies for clarification.

Rowan's director of government affairs Tim Alborg told DCD: "Rowan has always appreciated the Frederick County community’s thoughtful and collaborative approach to digital infrastructure development. We look forward to reviewing the details of the ordinance, and to continuing our strong partnership with the county to ensure our projects are built in a way that is sustainable and transparent — and that our anticipated $2.2 billion investment in this region is shared as broadly as possible.”