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Regbase

The Data Center Divide

Fluvanna County

This restriction takes precedence while in effect. The rating below excludes temporary restrictions.

Anti-Data Center Policies

Fluvanna County’s enacted zoning change, described conditionally in one account, requires special-use permits for data centers in I-1 and I-2 districts, adding approval steps without banning them.

current law · County measure
Fluvanna ZTA 25:10 moves data centers from a by-right use to a use allowed by special use permit in I-1 and I-2 industrial districts and updates the definition to include accessory uses like air handlers.Fluvanna County ZTA 25:10 — Data Centers Special Use Permit Zoning Amendment (2025)

What this means

The change would require data centers in the I-1 and I-2 districts to get a special use permit instead of being allowed automatically, adding approval steps, possible delays, and uncertainty (special use permit requirement). It does not ban data centers or add specific operating limits, so the practical effect is a meaningful hurdle rather than a severe restriction.

People behind it

  • Enacting body

Restrictions & requirementsHide restrictions & requirements1

  • Removes by-right status; data centers will instead require a special use permit.

Benefits & exceptionsHide benefits & exceptions1

  • Retains eligibility for data centers by special use permit.

Sources

Specific to Fluvanna County only.

current law · County measure: Industrial, Limited I-1 and Industrial, General I-2 districts
Would require data centers in Fluvanna County’s I-1 Industrial, Limited and I-2 Industrial, General districts to obtain special use permits instead of operating by right, while revising the definition of “data center,” under Resolution 22-2025.Fluvanna County Resolution to Remove Data Centers from By-Right Use and Consider Zoning Amendments (2025)

What this means

If enacted, the measure would require data centers in I-1 and I-2 districts to obtain a special use permit instead of being allowed by right, adding an approval step that can cause delay or uncertainty (special use permit requirement). It would not ban data centers or add operating rules, and its zoning change applies only in those districts, so the added burden is meaningful but limited.

Timing

Ends
Jan 31, 2026

The moratorium on new data center applications begins immediately and expires on 2026-01-31. It is separate from the zoning amendment changing data centers from by-right uses to special-use-permit uses; the amendment has no stated expiration.

People behind it

  • Proposed and adopted the data-center zoning amendment, authorized the Hardware River designation review, and adopted Policy 7.4.

  • County Attorney who introduced and presented the data-center zoning amendment and Policy 7.4.

  • Director of Planning who presented ZTA 25:10, requested authorization to advertise its public hearing, and administered the related Planning Commission process.

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  • Authorized advertisement of and recommended approval for ZTA 25:10.

  • Were authorized to initiate the Virginia Department of Conservation and Recreation review process for Hardware River scenic-river designation.

  • GIS Technician/Planner who presented the Hardware River scenic-river designation resolution.

  • Requested ZTA 25:09 concerning power-plant stack-height regulations and submitted the related substantial-accord and special-use-permit applications.

Restrictions & requirementsHide restrictions & requirements2

  • A moratorium postpones consideration of all data-center applications until January 31, 2026, creating a temporary waiting period before applications can be processed.

  • Data centers in the Industrial, Limited I-1 and Industrial, General I-2 districts must obtain a special use permit rather than being allowed by right, adding an additional approval process.

Benefits & exceptionsHide benefits & exceptions1

  • The definition of “data center” expressly allows accessory infrastructure supporting operations, including air handlers, power generators, water-cooling and storage facilities, utility substations, and other associated infrastructure.

Sources

expired · County measure
Imposes an immediate moratorium on new data center applications in Fluvanna County, approved by the Board of Supervisors on a 4–1 vote and scheduled to end on January 31, 2026.Fluvanna County Board of Supervisors Moratorium on New Data Center Applications (2025)

What this means

The measure pauses new data center applications until January 31, 2026, and would require a special use permit in the county’s industrial districts instead of allowing data centers automatically (moratorium and proposed zoning change). That short-term pause and added approval hurdle would make new projects substantially harder, though the proposal is not an outright ban.

Timing

Ends
Jan 31, 2026

The moratorium on new data center applications begins immediately and ends on 2026-01-31. The Planning Commission later requested that the Board consider extending it to allow time for a Technology Overlay district, but the provided sources do not show that an extension was adopted.

People behind it

  • Adopted and administered the county ordinances, zoning amendments, data-center moratorium, funding approvals, and other measures described in the sources.

  • County Administrator who requested the Data Center Ordinance Review Committee agenda item, presented county measures, and was authorized to execute approved agreements.

  • County Attorney identified as responsible for presenting and administering several proposed county ordinance amendments, including the dog-penalty, mobile-food-unit, subdivision-review, and special-entertainment-permit measures.

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  • Director of Planning identified as responsible for presenting and administering proposed zoning amendments and land-use applications.

  • Board member who introduced the motion for the moratorium on new data-center applications.

  • Board member who introduced the motion to adopt the resolution recognizing Marvin Moss.

  • Applicant and requesting party for the proposed stack-height zoning amendment, substantial-accord review, and special-use permit for the Expedition electric-generation facility.

  • Applicant and requesting party for the rezoning of approximately 182.586 acres from A-1 Agricultural, General to I-1 Industrial, Limited.

  • Applicant and requesting party for the rezoning of the 5.809-acre Tax Map 17 Section A Parcel 10 for an automobile-repair establishment.

  • Introduced and administered the public-hearing process for ZTA 25:10 and issued recommendations or deferrals on the zoning and land-use measures considered in its meetings.

Restrictions & requirementsHide restrictions & requirements2

  • A moratorium prohibits new data center applications from being submitted immediately through January 31, 2026.

  • The proposed ZTA 25:10 would change data centers from a by-right use to a use requiring a Special Use Permit in the I-1 Industrial, Limited and I-2 Industrial, General districts. The Planning Commission recommended approval, but the provided sources do not show final adoption by the Board of Supervisors.

Benefits & exceptionsHide benefits & exceptions2

  • ZMP 25:03 rezoned 182.586 acres from A-1 Agricultural to I-1 Industrial, Limited; because data centers were a by-right use in I-1 at the time, the rezoning made data-center development possible without a special-use permit. The rezoning was approved subject to the October 3, 2025 proffers, which did not exclude data centers. approved the rezoning to I-1

  • The Planning Commission minutes state that a future developer would follow the zoning ordinances in effect when the rezoning was approved, rather than later amendments. For the Zion South property, this could protect an approved data-center entitlement from later zoning restrictions, subject to applicable vested-rights law. the future developer would need to follow the ordinances in place at the time the rezoning is passed

Sources

Specific to Fluvanna County only.

pending · County measure
Pending Fluvanna ZTA 26:26 would remove standalone data centers as a special-use-permit use in I-1/I-2 districts and allow data centers only as an accessory use.Fluvanna County ZTA 26:26 — Accessory Data Center Standards and Removal from Special-Use-Permit List (2026 proposal)

What this means

The proposal would remove the special-permit route for standalone data centers in industrial zones, making new large facilities very difficult to build. A limited accessory-use path would remain, but only for a site’s own business and subject to size, water, setback, generator, and noise rules (accessory-use limits). The proposal does not state that existing centers must close.

Restrictions & requirementsHide restrictions & requirements1

  • Would eliminate standalone facilities and cap accessory floor area at 25%; require public water and public sewer, closed-loop/recycled cooling, a 200-foot setback, weekday generator maintenance and noise compliance. Pending, not binding.

Benefits & exceptionsHide benefits & exceptions1

  • Would retain a limited accessory-use path for a primary user's own internal use. Pending, not binding.

Sources

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