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The Data Center Divide

New Kent County

Mixed Data Center Policies

Virginia offers conditional tax breaks and optional local tax benefits for qualifying data centers, while requiring large new facilities to assess noise and certain generators to meet emission limits for applications from July 2026. Separate water reporting by covered suppliers is upcoming.

Rating and summary from Virginia statewide as there are no scored current or future laws outside temporary restrictions for New Kent County.

Specific to New Kent County only.

pending · County measure
This draft ordinance would allow data centers only through a conditional use permit on industrial-zoned property and would impose site-size, transmission-line, road-access, buffer, setback, lighting, generator, noise, cooling, water, emergency-response, and decommissioning requirements.New Kent County Draft Data Center Performance Standards (2026)

What this means

If enacted, the draft would make development substantially harder: data centers would need a conditional-use permit on industrial land, at least 75 contiguous acres (200 for a campus), and large setbacks and buffers (siting and development standards). It also requires extensive studies and limits cooling, water use, noise, and generator operation, adding significant costs and barriers, though it does not ban data centers outright (application and operating requirements).

People behind it

  • Directed County staff to develop the draft data center ordinance and will consider and act on conditional use permit applications.

  • Directed to develop the draft data center ordinance and support its implementation and review.

  • Will consider and review data center conditional use permit applications as part of the approval process.

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  • Responsible for administering specified review, approval, compliance, and enforcement functions under the proposed standards.

  • Administers the County’s planning and zoning functions, including review of conditional use permits and related development applications.

  • Has purview over the Planning Division, which administers the County’s planning and zoning functions.

Restrictions & requirementsHide restrictions & requirements28
  • The Board of Supervisors declared a strong policy preference that no data-center applications be filed or advanced while the County develops regulations and standards. no data center applications be filed or advanced

  • Data centers may be located only on industrial-zoned property and only through a conditional use permit, requiring review by the Planning Commission and Board of Supervisors. only be permissible through a conditional use permit process on industrial zoned property

  • A campus with three or more data-center buildings must occupy at least 200 contiguous acres, while a project with up to two buildings must occupy at least 75 contiguous acres. minimum of 200 contiguous acres

  • The nearest property boundary must be within one mile of an existing electrical transmission line in the County or an adjoining locality. within one mile of an existing electrical transmission line

  • If water will be used for cooling, the nearest property boundary must be within one mile of an existing reclaimed-water line in the County or an adjoining locality. within one mile of an existing reclaimed waterline

  • Access must be provided only from state-maintained roads classified as minor arterials or higher-order streets. Access must only be located on state-maintained roads

  • Before submitting a conditional-use-permit application, the applicant must hold a pre-application meeting with County planning staff. Prior to submission of a conditional use permit application, a preapplication meeting must be held

  • Before the Planning Commission public hearing, the applicant must hold at least one public community meeting, with written notice and news-media advertising 14 to 21 days beforehand, public access to application materials, and a written summary of public input submitted within 14 days after the meeting. a minimum of one public community meeting must be held

  • A conditional-use-permit application must include a detailed concept plan, project narrative, community impact statement, grading and drainage plan, viewshed analysis, environmental and cultural resource assessment, traffic and transportation assessment, water supply study, sound study, and certified decommissioning plan. all conditional use permit applications for data centers must include

  • The required water study must document water demand, sources, conservation measures, wastewater handling, and the facility's Water Use Effectiveness calculation. A water needs assessment must be submitted

  • The required sound study must follow ISO 9613, measure existing nighttime conditions between 11 p.m. and 5 a.m., model worst-case operation with favorable sound propagation, and provide sound-contour maps demonstrating compliance. A sound study prepared by a qualified professional in accordance with ISO 9613 standards

  • Data-center buildings and supporting equipment must be set back at least 500 feet from exterior property lines; guardhouses, parking, outdoor storage, and loading areas must be set back at least 400 feet. The minimum setback for data center buildings

  • A 300-foot buffer must be maintained along exterior property lines and designed to provide a nearly 100% year-round visual barrier, with required vegetation and limited encroachments. The minimum buffer width is 300 feet

  • At least 40% of the area covered by the conditional-use permit must remain open space. A minimum of 40% of the area subject to the conditional use permit must be retained as open space

  • Fencing must be placed inside the required buffer, and chain-link and barbed-wire fencing are prohibited. Chain link and barbed wire fencing

  • Outdoor lighting must not exceed 0.50 foot-candles within two feet of the property's boundary, and fixtures must be no more than 25 feet above finished grade, fully shielded or recessed, and designed to prevent upward light scatter. no outdoor lighting fixture will be installed

  • All ground-level and rooftop accessory equipment must be screened from view by buildings, vegetation, or a visually solid compatible screen. Both ground level and rooftop accessory equipment must be screened from view

  • Emergency generators must meet EPA Tier 4 or higher standards, have acoustic enclosures or equivalent barriers, be tested only from 9 a.m. to 4 p.m. Monday through Friday, and be used only for backup or emergency purposes except for testing or commissioning. Generators must meet Environmental Protection Agency Tier 4, or higher, emission standards

  • Noise from data centers and associated equipment may not exceed the greater of the existing ambient level or 55 dBA, and may not exceed the greater of the existing ambient level or 65 dBC, when measured at the property's exterior boundary. A-weighted decibels (dBA) must not exceed

  • Cooling systems must be closed-loop; evaporative and air-cooled systems are prohibited, potable water may be used only for domestic use and fire flow, County water for cooling must be treated reclaimed water, and groundwater may not be used for cooling or process water. Systems used to cool data center components and equipment must be designed as closed-loop cooling systems

  • Cooling water or solutions may not be discharged directly to the environment or public wastewater system; flushing and discharge waste must be hauled to an appropriate off-site facility. The direct discharge of cooling water or solutions

  • Before a certificate of occupancy, the owner or operator must obtain approval of an Emergency Response Plan and provide orientation and familiarization training to public safety departments; the plan must be updated after material modifications and at least every three years. Prior to the issuance of a certificate of occupancy

  • Before any building permits are issued, a third-party decommissioning cost estimate must be approved and financially guaranteed; the estimate and financial assurance must be reviewed every three years and adjusted as needed. Prior to the issuance of any building permits

  • If operations stop, decommissioning must begin within 12 months after discontinued operations or 12 months of continuous inactivity and must be completed within 24 months after commencement unless the Board of Supervisors approves an extension. Decommissioning must commence within 12 months

  • Each operational phase must submit a confirming sound study within 90 days of becoming operational, and the fully operational facility must submit another within 90 days; additional studies may be required within 90 days at the Zoning Administrator's request and at the owner's expense. Within 90 days of each phase of a data center becoming operational

  • The facility must submit annual confirmation from the electric utility that it is not exceeding its approved maximum electricity use; increasing that approved usage requires a Board-authorized public hearing and may require additional conditions, with the applicant paying the hearing and advertising costs. The Board, after a duly advertised public hearing, may authorize

  • The owner, operator, or lessee must submit an annual report identifying each emergency generator's operating time and the reason for activation, and must provide supporting records when requested. must submit an annual report to the County

  • Off-street parking must provide one space per 350 square feet of office area plus one per 10,000 square feet of remaining floor area, unless an operational parking study authorizes another amount; loading requires one space per dock or one per 40,000 square feet if there is no loading dock. 1 per 350 square feet of office area

Benefits & exceptionsHide benefits & exceptions12
  • Data centers are expressly allowed to seek approval through a conditional use permit on industrially zoned property, providing a defined permitting pathway. Data centers will only be permissible through a conditional use permit process on industrial zoned property.

  • Commercially available emergency backup generators are excluded from the definition of energy generation, helping distinguish ordinary backup systems from separately regulated power-generation facilities. It does not include emergency power systems such as commercially available backup generators.

  • The architectural standards permit several data-center construction materials that might otherwise be restricted, including precast concrete, tilt-up concrete panels, and insulated metal panel systems. Tinted masonry block, precast concrete, and tilt-up concrete panels, and insulated metal panel systems are permitted.

  • The architectural standards offer flexibility by requiring only two of four appearance features, rather than requiring all four: varied heights or rooflines, step-backs or recesses, distributed windows or doors, or material and texture changes. at least two of the following design elements must be included.

  • Parking may be established through an operational parking study instead of the specified formula, allowing a project-specific basis for determining parking needs. or as authorized based on an operational parking study.

  • If a data center has no loading dock, the loading requirement is one space per 40,000 square feet of floor area, providing an alternative to the one-space-per-dock requirement. if no loading dock, 1 per 40,000 square feet of floor area.

  • Closed-loop cooling is authorized, including high-efficiency technologies such as direct-to-chip cooling, giving facilities an approved non-evaporative cooling option. This includes high efficiency cooling technologies including but not limited to direct-to-chip cooling.

  • A facility may use a water-only solution, water-glycol mixture, or another cooling solution purchased from an independent company, subject to the other cooling and discharge requirements. a water-only, water-glycol mixture, or other cooling solution procured through an independent company.

  • Noise limits are set at the greater of the existing ambient noise level or 55 dBA and 65 dBC, respectively, allowing higher operating limits where the measured existing ambient environment is louder. whichever is greater.

  • The Board of Supervisors may authorize a data center to increase its electricity use after a public hearing, allowing expansion beyond the originally approved power level, potentially with additional conditions. may authorize a data center to expand its usage of electricity.

  • If a facility exceeds its approved electricity use, it must first be given an opportunity to submit a plan and timeline to reduce usage back within the approved limit, providing a corrective process before expansion or other action. will be given an opportunity to submit a plan.

  • The decommissioning provision is intended to remove data-center infrastructure while leaving shell buildings available for reuse, preserving a potential future use for the constructed buildings. to achieve shell buildings that may be utilized for reuse.

Sources

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