Piedmont Environmental Council Public Meeting Part II, To Review or Not to Review, that IS the Question

CRITICAL UPDATE - Albemarle County staff is going to recommend to the Board of Supervisors (BOS) to "pause" the data center ordinance proposal and keep it as is until at least end end of the year. This doesn't mean that the BOS has to accept this recommendation but historically it is given great weight in their decision making. Please continue to express your thoughts with the current BOS and attend meetings. Several crucial changes will be taking place this January: 1) two new BOS members begin their term 2) a new state Governor. 

Continuing on... Part II of a summary provided by Piedmont Environmental Council (PEC) at their recent public meeting at The Center in Charlottesville to discuss Virginia data centers. PEC operates in central Virginia supporting the following communities; Albemarle / Cville, Clarke, Culpeper, Fauquier, Greene, Loudoun, Madison, Orange, and Rappahannock. Their mission is to protect and restore the lands and waters of the Virginia Piedmont, while building stronger, more sustainable communities. Some of the jurisdictions they support are the fastest growing in the nation where data center expansion is becoming a central issue. 

To Review or Not to Review, that IS the Question! Below is a summary of the PEC presentation given by Land Use and Policy staff members Julie Bolthouse and Rob McGinnis with some "eye-popping" announcements of future planned land developments for Albemarle County.

How did Virginia become the data center capital of the world? The main buildout is in Northern Virginia (NOVA) with 250 data centers utilizing 30 million square feet, with an additional 6 million under construction. The current administration has publicly announced the US-China AI race by removing regulations and encouraging buildouts. NOVA is near to our federal government and defense with extensive infrastructure available but our state also provides many incentives and cheap energy pricing exclusively for data centers. 

Currently the biggest corporations of the world are not paying for infrastructure buildout to service their data centers, WE ARE. On your electric bill there is a transmission fee that pays for this infrastructure (which can easily increase with each planned data center). Data Centers are a quarter of the Dominion Energy client base and are given incentives to build in Virginia through better utility rates and the largest sales tax exemption in the state, not to mention no comprehensive oversight.

There is no comprehensive law or plans at the state level managing our data centers which are beginning to rapidly trickle down from NOVA to the rest of the state. Until state level laws are instituted to review data center projects, the only point in the process that a locality has to accept or decline a data center project is by requiring a Special Use Permit that requires it be reviewed by the public, Planning Commission, and BOS. 

In 2023, there was no mention of data centers in the Albemarle County code but after the PEC questioned this omission, a stop gap measure was soon approved that required a Special Use Permit for data centers over 40,000 square feet, the BOS is considering to allow "by right" up to 500,000 square feet. That would rubber stamp a data center the size of the 5th Street Station retail complex that houses Wegmans and other retail businesses and a data center that size could consume 50 - 100 megawatts of power, the equivalent of 10,000 - 20,000 homes.  

Currently the county has small accessory data centers (an equipment room inside a hospital or at UVA, or inside a business). The county is reviewing their existing ordinance to add performance standards and size overlay Tiers for "by right" builds at 150,000 and 500,000 square feet. 

PEC explains that a data center above 200,000 square feet would be classified as hyperscale and is worrisome due to the need for more resources to operate (read Part I of my summary, What does a Data Center Need to Operate). 

Louisa, the county next door to Albemarle has approved two hyperscale data center projects that are millions of square feet each. When a third was proposed the community spoke our loudly about another data center and soon their ordinance was changed. Louisa and Loudon Counties, after rubber stamping data center projects, have both put on the brakes by changing their hyperscale sized data center ordinance from "by right" to Special Use Permit. 

One might fear that Albemarle is falling behind but two recent mega scale economic development projects are in the works that would sandwich the City of Charlottesville in the middle. 

Rivanna Futures is a state supported and funded project near the existing NGIC Defense campus on 29N. This 8 mile area (from Greene to Albemarle) could realize a level of potential similar to Silicon Valley (data centers could be built here). Included in this area is a state effort to establish a Defense Corridor to run from Fauquier County to Charlottesville. This conglomerate of projects was described as beyond aspirational by PEC staff. 

There is also a plan to create Virginia's Research Triangle Park connecting the biotech industry from VT in Blacksburg to UVA in Charlottesville. AstraZeneca has announced it is opening a facility in Charlottesville and El Lilly nearby in Goochland.

It's obvious that citizens below the NOVA line do not want intense buildouts to start popping up in their communities and it's especially rotten if there is no transparency. The only entities that are privy to actual electric and water usage numbers are the data center, the State Corporate Commission (SCC) and Dominion Energy, while decision makers and the public at the local level are all left to ponder.

The next meeting concerning data centers in Albemarle County is the Planning Commission, October 14, 6pm.

~Rebecca

Albemarle County Data Center Work Session, Summary of each Board of Supervisor Comments

The Albemarle County Board of Supervisors attended a work session on August 6, 2025 to discuss a proposed data center ordinance drafted by the Community Development Department. The lengthy discussion can be viewed online, section 1:42:00 - 3:50:40 in the video. In summary, this meeting generated a request by the board for staff to craft more options and alternatives to what was presented.

There will be a free community meeting hosted by The Piedmont Environmental Council at The Center on Tuesday, September 16 from 6-8, sign up in advance. On October 14, 6 pm the Planning Commission of Albemarle County will hold a public meeting to present the Data Center Ordinance. You may attend the meeting at Lane stadium or watch it on Zoom online. Public comments may be submitted by email, you may ask questions in person, via zoom, or by phone.

Staff began the work session with an overview of the new Tier 1 and Tier 2 zoning overlays which by definition are "by right" pre-approved without community discourse. Tier 1 is up to 125,000 square feet and Tier 2 would be up to 500,000 square feet. Current zoning allows up to 40,000 square feet in the industrial or commercial district with special use permit required if over that size. Building size comparison examples were presented: 40K - Whole Foods, 125K - Walmart / Costco, 500K - State Farm complex / Seminole Place plaza (largest complexes in county). Four specific Tier locations were identified on maps within existing Planned Development Areas (PDAs currently encompass 5% of the entire county). No ground water use or evaporative cooling systems would be permitted. Tax revenue would be generated from real estate (land / buildings) and tangible personal property (equipment / racks). It costs less to collect tax dollars from data centers than residential or commercial. Revenue dollars from data centers diversify the tax base. Staff has seen significant public interest in this proposal.

The following summarizes board members (BOS) comments and Q&A with staff:

BOS Mike Pruitt, Scottsville is deeply skeptical and uneasy with "by right"  (rubber stamp / pre-approval) for data centers. Historically he has been supportive of lower "by right" building sizes believing existing code of 40,000 square feet is too permissive and would like lower square foot designations for the proposed Tiers. Energy grid costs are being paid for by rate payers (his constituents - citizens and businesses). Suggested that future quantum computing technology developments will shrink the size of equipment and if centers are phased out, the rural centers away from NOVA would go first. Agrees that data centers can be a real revenue boon but are a destructive land use. The regulations proposed by staff are acceptable as but is concerned about 2 Tier locations as they are incompatible uses. The North Fork Tier designation is problematic because of the recent approval of housing in that area and the Pantops State Farm complex because it is near natural habitat trails and residential. Not supportive at all of any of the "by right" Tiers due to project scale. Staff confirmed no need for Tier overlays if "by right" text is removed.

BOS Ned Gallaway, Rio questioned water usage. Staff reported that those managing water say data centers consume equal to or less compared to typical like zoned buildings and that air/hybrid cooled can use even less. Staff discussed depreciating tangible tax dollars bring in more revenue in the first years of equipment purchase. He compared Tier 1 to the new Home Depot in size. Doesn't see that a data center is any different in equipment taxing than other businesses (referring to Martha Jefferson Hospital and Home Depot). More expensive for a project to apply for Special Use Permit vs defining "by right" Tiers. Believes data centers a way to generate taxes through diversification. Viability of data centers should not be a land use policy factor. Speaks of a limit to the size and does not see a 1,000,000 square feet facility fitting in our county. He sees the North Fork Tier designation as being divided into a southern section for residential development and a northern section industrial, appropriate for a data center which would not be any different than an office building project. He doesn't believe a data center replacing the vacant State Farm 400,000 square feet complex would be a detriment to natural areas. If thousands of employees were working there, the same impact would be felt from a 500,000 square feet data center and actually it would reduce the people impact as data centers don't require as many employees and would be a viable business not adding to the transportation woes. Would not have to raise the tax rate if we had data centers. Data Centers are within bounds of what we already allow for economic activity. Supports Tiers and where they have been identified to be located in the county.

BOS Bea Kirtley, Rivanna questioned what is the average utility bill increase from data centers in communities that have them and staff responded there is no data because the state does not publish it. Staff confirmed there is no direct county investment, just the normal site plan process such as storm water and utility improvements. Citizens are very unhappy with recent tax increase but they would be happy that the proposal does not permit the use of ground water that could impact the water table. Staff explained current industrial zoning adjacent to rural (includes residential) has a 50 feet setback and the Tier definitions require 200 feet. She would like it changed to 500 feet. Staff clarified that natural gas or tier 4 generator (diesel) is permitted. She questioned the proposed State Farm complex Tier as it is too close to residential. Staff has surveyed 19 data center properties outside of Albemarle and have distilled best practices incorporating lessons learned. She is requesting 3 Tiers be proposed, 125,000 / 250,000 / 500,000 square feet.

BOS Ann Mallek, White Hall precautionary approach because new to our county and we need to be very detailed oriented when writing the ordinance as little regulation exists. Loudon County is warning that a "by right" approach should never be undertaken. Our county has hilly topography and sound traveling is already an existing issue and this causes uncertainty. Expressed concerns over Dominion Energy power availability to data centers impacting customers. She suggested a mandatory 5 year equipment reassessment in order to guarantee projected tangible tax revenue. She requested water estimates and staff responded there will not be any water estimates and none are available, it is an unknown and a data center might have to consider onsite water storage in order to not cause a surge to the system. Pre-treatment of waste is already being done by other industrial sites. Given the revenue and land cost she believed we should not worry about a special use permit costing the developer more. The larger setbacks will be helpful to protect residential and supports 500 feet. Supports all data centers require a special use permit (no Tiers). 

BOS Jim Andrews, Samuel Miller questions the height. Staff reported they tend to be 1-story but taller than normal, multi-story is usually for centers less than 40,000 square feet in size. Staff did not consider any height limitations and is following existing building code which is up to 65'. Taxes are collected on footprint, not gross building total square foot. Staff estimated water use to be substantially less than apartments and hotels. Current noise regulations A weighted but staff is looking into C weighting but it is more difficult to enforce. He is concerned about our hilly community and measuring noise at boundary might not be ideal as could be louder away from site. Staff projects the State Farm 400,000 square foot complex would likely not be reused for a data center but demolished. Staff will look into data center decommissioning similar to the solar requirements. He is hearing pushback from the public about data centers energy use as they far exceed the norm. Not confident the EPA will regulate in the future so electricity would not be cleaner as the county has previously promised. Staff provided that the proposed Tier districts know where power can be obtained and in some cases the infrastructure is already onsite. The State of Virginia has no electricity data as to how much is required to power any of these data centers. He likes the fact that staff has identified areas where the data centers are appropriate but does not like the fact that the public will not have any input "by right". Wants more public vetting to clarify the Tiers and for transparency. Dark sky regulating is something they are looking into for all properties in the county. The I64 / 29 site is very hilly so likely a data center being broken up into multiple buildings. Concerned about residential impact.

BOS Diantha McKeel, Jack Jouett believes a lot of misinformation is in the community. Loudon county has changed their ordinance to special use permit but they had a 50 - 70 data center backlog. Our county has the highest number of land conservation in the state, agriculture and land conservation property does not generate revenue. 49.4 million square feet of data centers in Loudon County (22.9% of tax base), industrial in Albemarle county is 11% but partly this is because residential real estate prices have gone up lowering that number. Staff remarked they are presenting strong performance standards for "by right" and the board asked for a tax strategy and here it is. Requiring a special use permit would lead to an 8 month review and possible conditions put on that permit in the end. Performance standards by defining Tiers bring certainty and a business can better know in advance if they can operate here or not. UVA has 4 data centers and the new proposed site in Fontaine is a 40,000 square feet center (MY NOTE: published data indicates it to actually be 10,000 square feet). The reality is they are already in our community. Supports ordinance and Tier proposals with understanding it is still evolving through staff research. Albemarle county is being proactive and that will prevent some of the worst fears.

Questions and comments may be sent to the entire BOS@albemarle.org or to your individual representative. 

~Rebecca

Putting the Brakes on Data Centers in Virginia, A review of Albemarle County new ordinance proposals

As I stated in my previous blog post, the State of Virginia houses more data centers than any other market in the world. The biggest concentration being in Northern Virginia. More and more citizens are speaking out and restrictions are being added or tightened by some counties but energy consumption and the type of center are regulated at the state level. 

20% of Dominion Energy electricity is used to run Virginia's 586 data centers. By 2040 researchers believe 40% of our electricity will go toward data centers. Energy resources have to be continually developed to meet the ever growing demand. Dominion estimates that in 15 years power demand will increase by 85%. Someone has to pay for the infrastructure build out long before data centers are up and running. In Pennsylvania residents are seeing increases in their power bills with no end in site fueled by energy hungry data centers.

Louisa County recently approved construction of two Amazon data centers. Even more recently, a third Amazon data center was proposed. This county has two operating Lake Anna nuclear reactors that are owned by Dominion Energy. Water to run the data centers will be extracted from the local reservoir that is an active fishing and recreation area that also serves residences and businesses in that area. Citizens voiced their concerns over a third center and Amazon put on the brakes. It is unlikely that this project will disappear, will it be refiled or moved to a nearby county? 

Nearby Albemarle County where I live is currently revising their data center ordinances. Previously falling under the industrial zoning regulations of a minimum of 40,000 square feet footprint "by right" (Special Use Permit can be submitted for larger footprint), with a height limit up to 65'. In addition to the existing industrial zoning, the county is proposing two new zoning district overlay tiers.

Both tiers are defined as "by right" (a rubber stamp streamlined approval process as no impact study or public input is required if they meet general conditions). Tier 1 for centers up to 125,000 square feet footprint "by right" and Tier 2 for centers up to 500,000 footprint "by right" but the sky is the limit on footprint size in either tier by Special Use Permit (subject to review by the Board of Supervisors and a legislative review by federal and state agencies). Typically there are no set rules for Special Use Permit at the local level because it is subject to legislative review. It is unclear if an impact study or public input is even mandated as part of the Special Use Permit. Our Governor just stopped a state level non-partisan reform bill by Veto that was to somewhat regulate data centers, addressing growing citizen complaints. He is leaving it up to each county to define their own rules but electricity parameters are solely controlled at the state level. The President is rolling back environmental regulations for AI / data centers, lessening or eliminating restrictions.

In reviewing the proposed ordinance I posed a few questions to county staff for clarity. A by right Tier 2 data center could be 500,000 square feet x 6 stories high = 3,000,000 square feet. Crypto currency data centers (which uses even more resources to operate) can not be excluded from being allowed as the county does not have regulatory authority. Water is allowed from public sources only and fortunately must be a closed loop or recycled system. Screening, noise and setbacks are similar to other county ordinances but there are plenty of complaints from citizens in other communities that live next door to a data center. There can be no mention of electricity restrictions because there is a State regulatory agency that manages this. "The County may only enact regulations consistent with the authority granted to it by the General Assembly. The County does not have the authority to regulate data centers based on energy consumption, employment, customers served, technology used, or the origin of equipment used to operate the data center." In Georgia (another high buildout data center state) the public service authority has stated that data centers must pay for the upgrades needed, not the general public. There is no mention of clean up if a county is left holding an abandoned building or if the county is responsible for the waste removal.

Why have data centers become problematic. Mainly because they convert massive expanses of land and use vast amounts of resources that are shared with residents (electricity and water) and are not good neighbors (noise, light and air pollution, and create hazardous ewaste). How close is too close to living beside a data center and what does it do to property values? Stafford is still buffering data centers as the planning commission recommends to move them farther away from residents. Chesapeake residents say NO to more data centers! Louisa County just had a data center client back out due to public outcry. Loudon County (the world capital of data centers) and Henrico County just revised their data center ordinance to not have any future "by-right" approvals, all must be reviewed and by Special Use Permit. Fauquier County limits projects to only areas zoned as business parks. Fairfax County recently tightened restrictions on the size, location and design and requires companies to submit a noise study.

Northern Virginia residents are fed up with large Data center development so they are flowing downward into less populated, more scenic and rural areas of the state. Did you know that Smith Mountain Lake "the Lake Tahoe of the East" is owned by a public water utility (AEP) that operates a hydroelectric dam and it is ripe for the picking. AEP in Ohio is trying to get data centers to pre-pay for their share of electricity use because of the massive electricity upgrades that are required before a data center is even built. Someone has to pay for the upgrades to the system, are residents footing the bill?  

Are ready? Are we protected? Can we co-exist? The next public meeting for Albemarle County concerning data centers is the planning commission public meeting on October 14, 6 pm. There is a Board of Supervisors work session on August 6. Citizens can still Ask a questions on the online message board and/or you can leave a comment. You must create an account for your message to display publicly. 

~Rebecca

 

The data on Virginia Data Centers, Coming your way soon

The State of Virginia houses more data centers than any other market (including whole countries) in the world. 586 centers are currently operational but plans for what seems to be an unlimited number with little restrictions are in the works. The new AI push is to build data centers everywhere and anywhere resources can be found to be gobbled up to support them. Our own governor put corporate needs before citizen concerns by stopping a state level non-partisan reform bill that was to FINALLY regulate data centers. Leaving it up to each county to define their own playing rules, if any.

Data centers have become the modern day gold rush as counties reap revenue that seems to be too good to be true. Hosting companies such as Google, Amazon, Facebook, Microsoft, Apple, Digital Realty, and Iron Mountain. Loudoun County is the leader in the state with 300 data centers with 49,000,000 square feet under roof. Loudoun County is just now getting around to restrictions, referring to centers as the Goose that lays the Golden Egg.

It was interesting to me that on a chat group, someone suggested to turn a vacant mall into a data center. That's a fine idea but the modern day data center is frequently massive, dwarfing most malls. The Loudoun county "eco-center" (as our governor refers to Virginia data centers), encompasses an area of 8 pentagons (referred to as a digital city hiding in plain site).

One example is what is becoming a blossoming eco-complex that started with 2 Amazon data centers in Louisa county. Just last week, before the data centers have even been built, Amazon announced the desire to add another data center. In Louisa there are currently 4 proposed data center campuses encompassing 2,600 acres. To look at this another way, this is 1,970 football fields in size. 

Data centers run 24/7 and require massive amounts of electricity and water to cool equipment. Using Louisa as an example, as it happens to be located in the next county over from where I live, Dominion Energy owns the 2 Lake Anna nuclear reactors and will be upgrading that facility to handle electricity for the proposed data center campuses. Water will be routed from the local reservoir that is an active fishing and recreation area that currently is the primary water sources for that county.

A recent study found the data center industry both helps and hurts Virginia. There is no light at the end of the tunnel for data center development in our state which puts a lot of pressure on natural resources and electricity generation. Serious ramping up of all forms of energy production will have to happen to support the growing demand.

This year Dominion Energy is asking for a rate hike that would increase your monthly bill by an average of $21 by 2027. In 2022, the utility delivered 36% of all power to customers by natural gas, 29% by nuclear, 22% by third party purchase, 5% by coal, and 5% from renewables. Their long-term plan to meet the demand is to get energy from every basket available but natural gas, coal, and nuclear plants are main sources of energy. In Albemarle County, Dominion Energy is building a solar farm on our capped Ivy landfill which is a great way to utilize land that can't be used for much of anything else but it is a drop in the bucket.

Why have data centers become problematic. Mainly because they convert massive expanses of land and use vast amounts of resources (electricity and water) and are not good neighbors (noise, light and air pollution, and create hazardous ewaste). Community planners have created electric and water resources based on consumption by residential customers and much smaller business footprints. How close is too close to living beside a data center and what does it do to property values? 1/3 of all data centers in Virginia are near to residential areas. What is the lasting impact to quality of life? I would imagine the answer to the last 2 questions is obvious - NOT GOOD. Given data centers are spreading in our state faster than they can be regulated or even mapped, this should cause serious concern to each and every citizen. Albemarle county where I live is currently revising their data center ordinances. 

Putting greed over community sensibilities and regulations can end up being destructive. Without guardrails and community discourse the goose may leave unsuspecting citizens holding a rotten egg. 

~Rebecca