This is the 24th article in MacRo’s ongoing series examining the proposed data center industry in Frederick County. The purpose of this article is to explain the recent procedural action taken by the County Executive—not to advocate for or against that decision.

When County Executive Jessica Fitzwater recently asked the Maryland Rural Legacy Board to table Frederick County’s request to remove Rural Legacy protections from approximately 1,118 acres near Adamstown, many headlines described the move as a “reversal” of the County’s data center policy.

Regardless of one’s opinion of the decision, many people have asked what actually changed. This article is intended to explain the process and what the County Executive’s recent action means for the properties involved.

What the County Council Approved

Earlier this year, the County Council adopted the Critical Digital Infrastructure Overlay (CDI Overlay), expanding it to include approximately:

• 500 acres of Agricultural land owned by Quantum Maryland
• 400 acres of Agricultural land owned by NDR Properties
• 220 acres of Agricultural land owned by Windridge Properties
• 104 acres of General Industrial land owned by Frederick Data Owner LLC

At the same time, the Council approved amendments removing the Priority Preservation Area and Rural Legacy designations from approximately 1,118 acres within those agricultural properties. In exchange, the County proposed adding more than 6,600 acres elsewhere into the Rural Legacy program, creating a substantial net increase in protected land.

What State Approval Means

Although the County approved those changes, one important step remained.

Because Rural Legacy boundaries are administered through a state program, Frederick County had to request approval from the Maryland Rural Legacy Board before the Rural Legacy designation could actually be removed from the affected properties.

Until that happens, the Rural Legacy designation remains in place. Under the County’s CDI legislation, data center applications cannot be submitted for land that still carries that designation.

What Changed?

On July 28, County Executive Fitzwater asked the Maryland Rural Legacy Board to table the County’s request to remove the Rural Legacy designation. According to the County Executive, the purpose is to allow time to review Maryland’s statewide Data Center Impact Analysis before proceeding.

The request does not repeal the CDI Overlay.

It does not change any zoning classifications.

It does not remove any property from the CDI Overlay.

Instead, it delays one of the final steps necessary before development applications can move forward on the affected agricultural properties.

Because the Rural Legacy Board generally meets only once each year, postponing consideration of the request could delay development activity on those properties until at least 2027.

Understanding the “Before and After” Map

The accompanying illustration helps explain what changed.

The map on the left shows the area before adoption of the CDI Overlay, where the highlighted properties remained within the County’s agricultural planning areas.

The map on the right shows the expanded CDI Overlay adopted by the County Council. While those properties are now included within the overlay, the Rural Legacy designation remains in place until the State approves its removal.

That distinction is the key to understanding the County Executive’s recent action. The CDI Overlay itself has not changed. What has changed is the timeline for completing one of the remaining state approvals required before development applications can proceed.

Rocky Mackintosh, Broker of MacRo, LTD has been advising regional landowners, investors, and institutions for over 50 years. He has been an active member of the Frederick community for over five decades and has served on a number of community organization boards, including as a member of the Frederick County Charter Board from 2010 to 2012. He has firsthand experience supporting nationally recognized hyperscalers with site search and selection services throughout the Mid-Atlantic.