The Data Center Divide
A policy snapshot ahead of the 2026 midterms. Mapping data center incentives, restrictions, and bans through legislation, regulations, and executive actions across all 50 states and 1,462 local jurisdictions.
Albemarle County
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Anti-Data Center Policies
Albemarle County allows data centers, but in industrial districts only those up to 40,000 square feet can proceed without special-use approval. Water, sewer, cooling, setback, and generator requirements add conditions.
current law · County measureAlbemarle County adopted Phase 1 data center zoning rules on April 2, 2025, codified as Ord.Albemarle County ZTA202400002 — Data Centers Phase 1 (2025)
What this means
The measure allows data centers to be built, but limits by-right development in industrial districts to 40,000 square feet; larger facilities need discretionary special-use approval. Public-water and sewer requirements, cooling-system rules, setbacks, and generator limits add further conditions, creating significant barriers without banning development.
People behind it
- Albemarle County Board of Supervisors
Unanimously adopts Phase 1 on April 2, 2025.
Restrictions & requirementsHide restrictions & requirements4
Industrial facilities over 40,000 square feet require a special use permit; commercial facilities require a permit regardless of size.
Requires a 200-foot setback from all lot lines and a 500-foot setback from the Rural Areas zoning district.
All centers need public water and sewer, with water cooling in a closed loop.
Routine generator testing is limited to weekdays between 10 am and 4 pm; all generators must be enclosed to limit noise. Phase 2 draft standards are not enacted Phase 1 requirements.
Benefits & exceptionsHide benefits & exceptions2
Retains by-right industrial data centers up to 40,000 square feet.
Data centers that are accessories to the primary use are allowed. Separate Phase 2 draft provisions are not included as enacted Phase 1 benefits.
Sources
Specific to Albemarle County only.
current law · County measureRegulates data centers through supplementary zoning requirements under Albemarle County Code § 18-5.1.65, enacted by Ordinance 25-18(1) on April 2, 2025.Albemarle County Code § 18-5.1.65 — Data Centers
What this means
The measure adds meaningful costs and approval steps through water and sewer, cooling, setback, and generator rules, with larger projects needing a special use permit. Smaller data centers can still be built without that permit in industrial districts, so the rules make development harder but do not block it.
Timing
- Ends
- Jun 30, 2026
The moratorium expires on 2026-06-30. The remaining data-center regulations and other provisions of the zoning text amendment remain in effect. The moratorium may be extended by the Board of Supervisors.
People behind it
- Board of Supervisors
Adopted the resolution of intent initiating the Data Centers zoning text amendment and serves as the controlling body.
- William D. Fritz, AICP
County planning staff member responsible for the proposed Data Centers zoning text amendment and listed staff contact.
- Amelia McCulley, AICP
County planning staff member responsible for the proposed Data Centers zoning text amendment and listed staff contact.
Restrictions & requirementsHide restrictions & requirements9
Data centers are allowed only in zoning districts where the use is expressly authorized; they are excluded from districts that do not authorize the use.
Data centers in Downtown Crozet, Commercial 1, Commercial Office, and Highway Commercial districts require a special use permit.
In Light Industry, Heavy Industry, and Planned Development Industrial Park districts, data centers larger than 40,000 square feet of gross floor area require a special use permit; those 40,000 square feet or smaller may be allowed by right.
An accessory data center is allowed only if it serves a permitted primary use, is on the same site, is operated by the primary user for its own data, and occupies no more than 25% of the primary use's gross floor area.
Every data center must be served by both public water and public sewer, and this requirement cannot be waived or modified through a special exception.
Any water-cooling system must use a closed-loop or recycled-water system.
Data center buildings and all associated equipment and accessory structures, including generators, HVAC equipment, and battery backups, must be set back at least 200 feet from every lot line and at least 500 feet from the Rural Areas zoning district.
Routine generator exercise and maintenance is limited to Monday through Friday from 10:00 a.m. to 4:00 p.m.; the limitation does not apply to emergency operations such as power outages.
Generators must be enclosed in a Level 3 enclosure or another enclosure that limits sound to 70 dBA measured 23 feet from the generator, and all on-site equipment must comply with applicable county noise limits, including limits at lot lines.
Benefits & exceptionsHide benefits & exceptions8
Data centers are expressly recognized as a zoning use, allowing proposed facilities to proceed through the County's established zoning and site-plan review processes rather than being treated as an unlisted use.
Data centers up to and including 40,000 square feet of gross floor area may be developed by right in the Light Industry, Heavy Industry, and Planned Development Industrial Park districts.
Data centers larger than 40,000 square feet may be developed in industrial districts through a special use permit rather than being prohibited.
Data centers may be located in the Downtown Crozet, Commercial 1, Commercial Office, and Highway Commercial districts when approved through a special use permit.
Data centers serving a permitted primary use are permitted as an accessory use when they are on the same site, serve the primary user's own data needs, and occupy no more than 25% of the primary use's gross floor area.
Accessory data centers are exempt from the data-center setback requirement, which otherwise requires data-center buildings, equipment, and accessory structures to be at least 200 feet from lot lines and 500 feet from the Rural Areas zoning district.
Emergency generators may operate during power outages without the Monday-through-Friday, 10 a.m. to 4 p.m. restriction that applies to routine generator-exercise maintenance.
Data centers must be served by public water and public sewer.
Sources
Data provided by Regbase · Cookie preferences · Report missing data