A Model Data Center Ordinance for Virginia Counties
Recommendations for an ordinance with maximum protection for surrounding communities — zoning text, commentary, standard permit conditions, and a decommissioning agreement.
This is a working draft, written for public discussion. It is a starting point for any Virginia county that wants to allow data centers only where they fit, under standards that protect neighbors, water, land, and public budgets — and that keep the developer responsible from construction through closure. It was prepared with Augusta County in mind, and an appendix compares it with the county’s own August 27, 2026 draft.
Twenty-five pages. Every section is followed by a plain-language note explaining why it is there, its legal basis in the Code of Virginia, how strong that footing is, and what other Virginia counties have done.
Please read this first
This is a policy draft, not legal advice. Virginia counties have only the powers the General Assembly grants them, so each provision is rated Strong, Moderate, or Needs attorney review, and the draft lists the state laws needed where county authority is uncertain. Numbers in brackets, such as [1,000 feet], are recommended starting points — policy choices, not established safety thresholds. Before adoption, a county attorney should review the full text, and independent specialists in acoustics, hydrogeology, fire safety, and insurance should validate the technical standards for local conditions.
What’s inside
Part 1 is the model ordinance itself, written as a zoning text amendment with commentary after every section. Part 2 is a set of standard conditions a Board of Supervisors can attach to any special use permit. Part 3 is a decommissioning agreement with financial assurance. Appendix A applies the model to Augusta County, and Appendix B lists sources.
No approval by right
Data centers would be allowed only through a special use permit with public hearings — in no district by right — and only on industrial land or in a dedicated data center district. Farmland, conservation easements, floodplains, and land near national forests and scenic byways are excluded, and so are karst features unless a study shows they can be avoided.
Real limits, not just studies
Every permit states binding maximums for power, building area, and water use at full buildout, with a recommended starting cap of 300 MW. Later phases can’t begin until earlier ones have met every standard for a year.
Water and wells
Closed-loop cooling only, with no evaporative cooling and no on-site groundwater use beyond a small domestic amount. Applicant-funded baseline testing of nearby wells and springs, and temporary replacement water within 48 hours when the County’s hydrogeologist finds credible evidence the facility may have contributed to a problem.
Noise, light, and air
Limits of 50 dBA by day and 45 dBA at night at every non-industrial property line — farms included — plus limits on low-frequency hum and tones, no increase over pre-construction sound levels, and continuous public monitoring. Tier 4 generators with testing windows and hour caps, no on-site power plant, and dark-sky lighting.
Who pays when something goes wrong
Independent review of key studies and an independent fiscal analysis at the applicant’s cost. Public annual reports and audits. A recorded decommissioning agreement with financial assurance before the first building permit, and pollution liability insurance for the life of the facility.
How it compares with Augusta County’s August 27, 2026 draft
| Topic | County draft (Aug. 27, 2026) | This model |
|---|---|---|
| By-right approval | SUP in General Industrial and Planned Commerce; other district tables not addressed | By-right deleted from all districts; SUP required, only in industrial or Data Center districts |
| Size limit | None | Binding maximums in each permit; [300 MW] cap as a policy starting point; phased approval |
| Noise | 65 dBA day; 60 dBA night at residential lines only; testing optional | 50/45 dBA at all non-industrial lines; no increase over pre-construction levels; low-frequency and tonal limits; continuous monitoring |
| Cooling | “Water-efficient” required; closed-loop defined but not required | Non-evaporative closed-loop only |
| Groundwater | No potable groundwater for routine cooling | No on-site groundwater except small domestic use; well and spring baseline and replacement |
| Generators | Tier 4 “may” be required; no hour limits | Tier 4 required; testing windows; 50-hour non-emergency cap |
| Setbacks | 1,000 ft side / 500 ft rear from non-business land | 1,000–2,000 ft from non-industrial boundaries and homes, depending on equipment |
| Decommissioning | “Assumptions” only | Plan, independent estimate, financial assurance, recorded agreement |
| Enforcement | Annual reports to Zoning Administrator | Public reports, independent audits, compliance holds, revocation |
From Appendix A of the working draft. Bracketed values are recommended starting points for the Board to set.
This is a working draft
It will change as the county’s own ordinance moves forward, as state law changes, and as residents, attorneys, and specialists weigh in. Comments and corrections are welcome through the contact page. For what the county is considering now, see Augusta County’s Data Center Future Is Our Choice.