Virginia
Active Bans / MoratoriumsVirginia's HB 1515 moratorium was carried over to the 2027 session (effectively dead for 2026), and HB 2084 directing the SCC to review data center rate classifications was enacted. The months-long budget standoff over the roughly $1.6 billion data center sales tax exemption ended in late June: the General Assembly passed a ~$205 billion biennial budget on June 22, 2026 (Senate 23-16, House 71-22) that retained the exemption but added a first-of-its-kind energy consumption tax on data centers of $0.011 per kWh consumed monthly, capped at $600 million per year to the general fund. Governor Spanberger proposed budget amendments — including new water-conservation requirements for future data centers — which the legislature approved on June 29, and she signed the budget on June 30, 2026, ending the impasse before the July 1 fiscal deadline. Virginia remains the world's largest data center market. Local activity continued into late July: on July 21, 2026 Loudoun County asked the State Corporation Commission to stay its approval of a Dominion Energy transmission line while settlement talks with Dominion and the school system proceed, and on July 22 the Pittsylvania County Board approved a resolution supporting STACK Infrastructure's $100 billion Berry Hill megasite campus — roughly 2,990 acres to be built out over 15 to 30 years. In a July 31, 2026 order made public in early August, the State Corporation Commission ruled that large-load data centers must pay for transmission facilities built solely to serve them — costs previously spread across all customers through the Rider T-1 line item — resolving a dispute over roughly $1.5 billion in Dominion Energy transmission spending and cutting the average residential monthly increase from about $2.90 to $0.94. Dominion has 90 days to file a new cost-assignment proposal. Local restriction also hardened: Chesapeake's City Council unanimously approved a zoning ordinance on August 19, 2026 limiting data centers to conditional uses in industrial zones, banning groundwater use, closing by-right development loopholes and removing the Fentress Overlay exception, with an eight-month application pause still in effect and nearly 40 residents testifying. Loudoun County supervisors voted 6-1 in July to draft a temporary moratorium, with a vote set for September 15, while Amazon filed a by-right site plan for four buildings on the former GWU campus to bypass planning commission review. In Franklin County, the Project Flash campus was cancelled in mid-August after developer negotiations failed amid opposition from more than 40 speakers. Henry County adopted a strict Data Center District ordinance on August 25, 2026, requiring rezoning plus a special use permit, 1,000-foot setbacks from non-industrial properties, a 50 dBA noise limit, closed-loop cooling only, and mandatory water-use studies. In September 2026, Christiansburg's Town Council voted 6-0 to require conditional use permits for all data centers, ending by-right status in industrial zones. Prince William County's Planning Commission voted on September 10, 2026 to recommend ending by-right data center development — requiring special use permits with public hearings and shrinking the data center overlay district — ahead of a September 22 Board of Supervisors hearing, and Loudoun supervisors are preparing amendments to pause new applications and eliminate by-right permitting, with debate expected October 6.
Legislation
| Bill | Title | Status |
|---|---|---|
| HB 1515 | Data Center Moratorium Act | Carried over |
| HB 2084 | Data Center Rate Classification Review | Enacted |
| 2026 Biennial Budget | Data center energy consumption tax ($0.011/kWh, capped at $600M/yr); sales tax exemption retained; new water-conservation requirements | Signed by Gov. Spanberger — June 30, 2026 |
| SCC Case PUR-2025-00058 (Rider T-1) | SCC order requiring large-load data centers to pay for transmission built solely to serve them | Ordered July 31, 2026; Dominion has 90 days to file a new cost-assignment proposal |
Local Actions
Permanent ban on data centers enacted 6-0. Blocked Amazon's 220,000 sq ft proposal on 42 acres.
Partial restrictions on 22M sq ft Digital Gateway project (Compass, QTS, Amazon). Vote: 6-0.
Board of Supervisors voted 6-1 on July 22, 2026 to direct staff to prepare a September 15 agenda item that would temporarily pause processing of all new data center applications, site plans and substation permits until the county completes its Phase 2 zoning overhaul. Supervisors also asked the County Attorney for a legal analysis; County Attorney Leo Rogers cautioned that a blanket moratorium likely lacks standing under Virginia law, which requires localities to consider each rezoning or special exception on its individual merits. Separately, the Planning Commission voted 5-0 on July 23 to recommend denial of Active Infrastructure's 3.25 million sq ft, 325-acre Spring Valley Technology Park near Beaverdam Reservoir. Loudoun's 2025 zoning restrictions remain in effect.
City Council unanimously approved a zoning ordinance limiting data centers to conditional uses in industrial zones, prohibiting groundwater use, closing by-right development loopholes and removing the Fentress Overlay district exception. An eight-month application pause remains in effect.
Supervisors voted 6-1 to direct staff to draft a temporary moratorium on new data center applications; a vote is scheduled for September 15, 2026. Amazon has filed a by-right site plan for four buildings on the former GWU campus to bypass planning commission review.
Board of Supervisors adopted a new Data Center District ordinance on August 25, 2026 requiring rezoning plus a special use permit, 1,000-foot setbacks from non-industrial properties, a 50 dBA noise limit, closed-loop cooling only, and mandatory water-use studies.
Town Council voted 6-0 in September 2026 to require conditional use permits for all data centers, eliminating by-right status in industrial zones to ensure public input.
The Planning Commission voted September 10, 2026 to recommend ending by-right data center development — requiring special use permits with public hearings and shrinking the data center overlay district; Board of Supervisors public hearing September 22, 2026.