Somerset County, Pa., now has rules for data centers, and no one has filed a data center project there yet. On the evening of Oct. 20, 2026, at the Bakersville Fire Hall, the three county commissioners voted unanimously to adopt a County Data Center Ordinance. That vote followed a public hearing that, according to Hoodline, included a two-hour public comment session and drew about 50 residents.
The ordinance stands out mainly for its power provision. Hoodline, citing coverage by the Daily American and WTAJ, reports that it requires developers to generate 150% of their power onsite and sets requirements for both onsite and backup generation. A requirement to produce more electricity than a facility uses would be a notable feature for a local rule. The power figure needs a caveat, which is explained below.
What the County Formally Adopted
The official agenda for the Oct. 20 regular meeting, a scanned document with no text layer, lists the data center measure as one item in a group of land-use actions. The commissioners took up motions to adopt five ordinances "as advertised and posted":
- the Somerset County Communications Tower ordinance,
- the Wind Turbine Facility ordinance,
- the Solar Facility ordinance,
- the Data Center ordinance, and
- the Subdivision and Land Development ordinance.
The agenda also lists resolutions setting fees and enforcement provisions, including one tied to the "Data Center Facilities Planning Ordinance." The board consists of Chair Brian K. Fochtman, Vice Chair Irvin H. Kimmel Jr. and Secretary Pamela A. Tokar-Ickes.
The agenda confirms what was on the table for adoption. It does not include the ordinance text. The specific requirements described below come from news coverage of the meeting, not from the county's own document.
What the Ordinance Reportedly Requires
Onsite power: 150%, per Hoodline
Hoodline's Oct. 22 account says developers must generate 150% of their power onsite. It also says the ordinance covers onsite and backup power generation along with other operating impacts. Hoodline attributes its reporting to the Daily American, WTAJ, WJAC and the Tribune-Democrat.
Caveat: Of the sources DataCenterFeed reviewed, only Hoodline's secondary account reports the 150% figure. WJAC's report does not mention it, and the county agenda does not contain the ordinance language. Hoodline's account also does not explain how the county would measure or enforce the percentage, for example whether it applies to peak load, average load or nameplate capacity, or how surplus generation would be treated. Readers who need the exact provision should get the adopted ordinance text from the county.
Setbacks
Both Hoodline and WJAC report a 1,000-foot setback from existing homes. WJAC specifies that the setback applies to homes outside the project property.
Noise, lighting and other impacts
WJAC reports that the ordinance includes noise limits and restrictions on outdoor lighting. Hoodline lists a wider set of topics the ordinance addresses: noise, vibration, dust, air, smoke, onsite and backup power generation, and decommissioning.
A developer-run public meeting before application
WJAC reports that developers must hold their own public meeting before they submit an application to the county. Under this rule, residents would hear about a proposal from the developer before the formal county review begins.
Effective date
Hoodline reports that the ordinance took effect immediately.
Why Not a Ban or a Moratorium?
According to Hoodline, some residents at the hearing urged a moratorium on data center construction. Hoodline reports that county solicitor Benjamin Carroll told attendees that state and federal law prohibit an outright ban on a single type of land use, and that, based on Pennsylvania case law, a moratorium would not protect the county while the ordinance is still being refined and could invite a legal challenge.
Carroll also described what the county ordinance does not control. According to WJAC, he said air, water and noise impacts are subject to state and federal law, and that a facility's waste products must be disposed of in compliance with those laws. The county ordinance does not replace state and federal environmental regulation.
A Rule Written Before Any Proposal
Hoodline, citing the Daily American, reports that no data center project had been officially filed in the county as of the hearing. Hoodline also notes, citing the Tribune-Democrat, that at least 10 data centers have been proposed across southwestern Pennsylvania. Somerset County adopted its framework before any application arrived.
The ordinance had already been through earlier rounds of review. WJAC reports that residents and officials referred to revisions made since a previous hearing in September, and Commissioner Fochtman said feedback from that hearing was incorporated into the updated ordinance.
What It Means for Developers and Utilities
If the 150% onsite generation requirement appears in the final text as Hoodline describes it, it would bear on how a developer plans generation capacity for a Somerset County site. The sources reviewed do not say what types of generation would qualify. They also do not say whether surplus power could be exported, or how the requirement would interact with utility interconnection rules.
The sources describe other requirements that would apply regardless: the ordinance's own noise limits and 1,000-foot residential setback, and, according to the county solicitor as reported by WJAC, state and federal law governing air, water and noise impacts.
What Happens Next
The ordinance is in effect now. Hoodline reports that it took effect immediately. County officials have said it may change: Hoodline reports that Carroll called an amendment very likely in the coming months, and WJAC reports that county officials expect to make amendments over time. Neither outlet reported a date for an amendment hearing or vote.
WJAC reports that residents with comments or concerns were encouraged to contact the Somerset County Planning Commission. WJAC also reports that developers must hold their own public meeting before submitting an application to the county.
