Planning panel weighs 2,500-foot data center setback; battery storage rules left for future

Mercer County commissioners and staff on Dec. 22 discussed a wide range of approaches other jurisdictions use for data center setbacks and reached a general consensus to pursue a 2,500-foot setback measured from the facility, commission members said.

Attorney Mark Kaffar told the Planning Commission he had found setbacks anywhere from 250 feet to 1.5 miles while researching other counties. Rick Bauman said he preferred measuring setbacks from the physical facility rather than the property line; Chair Mike Eslinger warned that a one-mile setback could unduly restrict land in Mercer County. Commissioners discussed aligning the data center setback with the same standard used for wind towers; Chris Renner and Joey Neumiller supported that approach and the group endorsed the 2,500-foot figure as a working consensus.

Kaffar said battery storage facilities are an emerging industry with limited best-practice guidance; he expects regulators and counsel may need to draft an ordinance addressing battery storage within two to five years as the technology and projects proliferate.

No final ordinance or binding setback was adopted on Dec. 22. The commission directed counsel to incorporate the direction into the draft ordinance for public notice and hearing Jan. 15, 2026.