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Regbase

The Data Center Divide

Prince William County

Slightly Anti-Data Center Policies

Prince William County allows data centers without a special-use permit in some designated areas, but limits where they may locate and generally requires special approval elsewhere. County reviews may lead to later changes, but do not themselves impose new rules.

current law · County measure
Directs Prince William County staff to comprehensively review the noise ordinance and propose amendments, if appropriate, for Board consideration.Prince William County Directive 22-28 — Noise Ordinance Update

What this means

The measure directs county staff to review the noise ordinance and consider possible changes; it does not itself add data-center rules or incentives. Any effect would depend on future amendments (“comprehensively review the noise ordinance”).

People behind it

  • Sponsor of Board Directive 22-28 directing a comprehensive review and potential update of the noise ordinance.

  • Responsible for reviewing the noise ordinance and proposing any appropriate amendments for the Board’s consideration.

Sources

current law · County measure
Prince William County initiates DCSM and Zoning Ordinance amendments through Resolution 23-111 on February 28, 2023.Prince William County Resolution 23-111 — Data Center Advisory Group and data-center impacts review

What this means

This measure starts a review of possible data-center rules; it does not itself impose new requirements on building, expanding, or operating facilities. The County says starting the process does not mean the changes must be approved.

People behind it

  • Formally initiated the DCSM and Zoning Ordinance amendments through Resolution 23-111. initiated on February 28, 2023

  • Recommended initiating the amendments and were tasked with research, stakeholder engagement, and developing recommendations. initiate amendments

  • Identified as the staff lead for the Board agenda item concerning initiation of the amendments. Staff Lead

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  • Named as a co-leading agency for the work addressing potential data-center impacts. Co-leading agencies

  • Named as a co-leading agency for the work addressing potential data-center impacts. Co-leading agencies

  • Named as a co-leading agency for the work addressing potential data-center impacts. Co-leading agencies

  • Named as a co-leading agency for the work addressing potential data-center impacts. Co-leading agencies

  • The County planned to engage a consultant to assist staff and the advisory group in developing recommendations, including proposed ordinance changes. propose changes

Sources

current law · County measure
Amends Prince William County’s targeted-industries list for new and expanding companies by adding “Retail Reuse” and “COVID-19 Recovery Targeted Fast Track Permitting”, which may support economic-development marketing and County incentives.Prince William County Resolution 20-587 — Targeted Industries for New and Expanding Companies

What this means

Data centers were already on the County’s targeted-industry list, so this measure adds no new data-center rules or benefits. Its temporary fast-track option was for commercial projects not already on the list, so it does not appear to change data-center permitting.

People behind it

  • Moved Resolution No. 20-587 to amend the targeted industries list.

  • Seconded Resolution No. 20-587.

  • Approved and adopted the amendment to the targeted industries list.

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  • Administers the targeted-industries program, including marketing efforts and the COVID-19 recovery fast-track permitting designation.

  • Determines whether a company meets the targeted-industries criteria.

  • May designate eligible commercial projects as targeted for COVID-19 recovery fast-track permitting and associated fee reductions.

Benefits & exceptionsHide benefits & exceptions1

  • Data centers are expressly listed as a targeted industry under Information Communication Technology, making them eligible for County incentives that may be provided to assist targeted industries in locating in Prince William County.

Sources

current law · County measure
This resolution by the Prince William County Board of County Supervisors is identified by the county as a document associated with the Data Center Opportunity Zone Overlay District.Prince William County Resolution 15-508 — Data Center Opportunity Zone Overlay District

What this means

The measure makes data centers allowed by right in certain office and industrial areas near major transmission lines (“permitted by right” in the overlay), but outside those areas they generally need a special-use permit, and some zoning districts prohibit them (special-use permit outside the overlay). That adds meaningful approval hurdles and narrows where projects can go, despite the by-right path in the overlay.

People behind it

  • Requested initiation of the zoning text amendment and moved adoption of Ordinance No. 16-21.

  • Moved initiation of the zoning text amendment through Resolution No. 15-527.

  • Seconded the motion initiating the zoning text amendment through Resolution No. 15-527.

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  • Seconded adoption of the zoning text amendment through Ordinance No. 16-21.

  • Initiated and adopted Zoning Text Amendment DPA2016-00003 and directed staff to administer related actions.

  • Developed the proposed amendment with stakeholders, recommended adoption, and administered the planning process.

  • Held the required public hearing and recommended adoption of the zoning text amendment.

  • Planning Director who submitted the staff report and recommended adoption of the amendment.

  • Planning Office staff member identified as responsible for the amendment.

Restrictions & requirementsHide restrictions & requirements8

  • Data centers are prohibited in agricultural, residential, PMR, B-2, B-3, and Village (V) zoning districts.

  • In the O(L), O(H), O(M), O(F), M-1, M-2, and M/T districts, data centers are permitted by right only within the Data Center Opportunity Zone Overlay District; outside the overlay district, they require a special use permit.

  • In B-1 General Business districts, data centers require a special use permit rather than being permitted by right.

  • Within planned PBD and PMD districts, data centers are permitted by right only in designated office or industrial land bays.

  • A Data Center Opportunity Zone Overlay District may be established only on land near high-voltage transmission lines of 115 kV or more and planned or zoned for office or industrial uses.

  • Overlay-district boundaries must be created or amended by ordinance following a Board of County Supervisors resolution and must be established using a map, so the overlay does not apply automatically to otherwise eligible property.

  • Both the underlying zoning-district regulations and the overlay-district regulations apply to property in the overlay; if they conflict, the overlay regulations control.

  • Electric substations outside the Data Center Opportunity Zone Overlay District require a special use permit, while substations inside the overlay remain subject to public-facility review under Virginia Code § 15.2-2232.

Benefits & exceptionsHide benefits & exceptions6

  • Creates a Data Center Opportunity Zone Overlay District on lands near high-voltage transmission lines of 115 kV or more that are planned or zoned for office or industrial uses, directing data-center development toward areas with supporting infrastructure.

  • Allows data centers by right within the overlay district in the O(L), O(H), O(M), O(F), M-1, M-2, and M/T zoning districts, and in designated office or industrial land bays in PBD and PMD districts.

  • Allows data centers by special use permit outside the overlay district in the O(L), O(H), O(M), O(F), M-1, M-2, and M/T districts, rather than prohibiting them in those districts.

  • Allows data centers by special use permit in the B-1 General Business District.

  • Allows electric substations within the Data Center Opportunity Zone Overlay District through public-facility review under Virginia Code § 15.2-2232, instead of requiring a special use permit.

  • Directs County staff to fast-track special use permit applications for electric substations in the same manner used for targeted industries.

Sources

current law · County measure
Initiates a countywide review, rather than changing zoning rights or imposing new development standards, of the Data Center Opportunity Zone Overlay District and related county regulations to assess infrastructure needs, potential expansion, redevelopment opportunities, and sustainability measures through Resolution 21-327.Prince William County Resolution 21-327 — Data Center Opportunity Zone Overlay District comprehensive review

What this means

The resolution directs staff to review data-center rules and design standards, but does not itself add requirements or incentives. It could lead to later changes, but those effects are not set by this measure. It initiates amendments.

People behind it

  • Initiated and approved the amendments concerning the Data Center Opportunity Zone Overlay District and related county policies and regulations.

  • Made the motion to approve Resolution No. 21-327.

  • Seconded the motion to approve Resolution No. 21-327.

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  • Directed to analyze the overlay district, develop proposed revisions, engage stakeholders, and support the amendment and public-hearing process.

  • Received the appropriated funds and was assigned responsibility for procuring consultant services and completing the resolution’s specified workload.

Restrictions & requirementsHide restrictions & requirements1

  • The approved Digital Gateway rezonings are void, and the properties revert to their prior zoning. Any future data-center development would require a new rezoning through the normal process, including county staff review and public hearings before the Planning Commission and Board of County Supervisors (future effort to rezone the property).

Benefits & exceptionsHide benefits & exceptions3

  • The Data Center Opportunity Zone Overlay District allows data center development in areas where existing infrastructure can adequately support it, subject to the overlay’s requirements. areas of the County where there is existing infrastructure that could adequately support the proposed use

  • The adopted PW Digital Gateway Comprehensive Plan Amendment keeps a technology-oriented land-use designation in place for the corridor, changing the planned land use from Agricultural or Estate and Environmental Resource to Technology/Flex with a T-3 Transect. This supports future data center rezonings but does not itself rezone the properties; any rezoning must proceed through the normal application and public-hearing process. The Comprehensive Plan Amendment for the property remains in place

  • The PW Digital Gateway plan proposes a technology corridor along Pageland Lane for data center uses and provides for use of existing transmission and fiber-optic infrastructure. create a technology corridor along Pageland Lane for the development of data center uses

Sources

current law · County measure
This codified zoning framework, enacted and maintained by the Prince William County Board of County Supervisors, establishes the Data Center Opportunity Zone Overlay District and governs data-center siting in the county.Prince William County Code Chapter 32, Article V, Part 509 — Data Center Opportunity Zone Overlay District

What this means

The proposal would shrink and close the overlay, so fewer sites could use the simpler by-right approval route. New projects outside it would generally need a special-use permit, creating meaningful approval hurdles, though eligible sites remaining inside keep by-right permissions (“SUP as the primary pathway”).

People behind it

  • Requested initiation of the zoning text amendment and made the motion to adopt Ordinance No. 16-21.

  • Seconded the motion to adopt Ordinance No. 16-21.

  • Made the motion initiating the zoning text amendment through Resolution No. 15-527.

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  • Seconded the motions initiating the zoning text amendment and supporting related transmission-line measures.

  • Initiated and adopted the countywide zoning text amendment and directed staff to administer expedited processing for certain electric-substation applications.

  • Developed the proposed amendment with stakeholder input, prepared the staff recommendation, and administered the amendment process.

  • Planning Director identified as the authoring staff official responsible for presenting and recommending the amendment.

  • Planning Office staff member identified as a contact for the amendment.

  • Held the public hearing and formally recommended adoption of the zoning text amendment.

Restrictions & requirementsHide restrictions & requirements6

  • Data centers are prohibited in agricultural, residential, PMR, B-2, B-3, and V zoning districts.

  • Outside the Data Center Opportunity Zone Overlay District, data centers require a Special Use Permit in the B-1, O(L), O(H), O(M), O(F), M-1, M-2, and M/T zoning districts, as well as designated office or industrial land bays in PBD and PMD districts.

  • By-right data-center development is limited inside the Data Center Opportunity Zone Overlay District to the O(L), O(H), O(M), O(F), M-1, M-2, and M/T districts and designated office or industrial land bays in PBD and PMD districts.

  • A Data Center Opportunity Zone Overlay District may be established only on land near high-voltage transmission lines of 115 kV or more that is planned or zoned for office or industrial use, and its boundaries must be established or amended by ordinance using a map.

  • Electric substations supporting data-center development require a Special Use Permit outside the Data Center Opportunity Zone Overlay District; within the overlay, they remain subject to public-facility review under Virginia Code § 15.2-2232.

  • Under the comprehensive-review proposal, the Data Center Opportunity Zone Overlay District would be closed to future expansion, limiting continued by-right data-center development to parcels that satisfy specified eligibility pathways.

Benefits & exceptionsHide benefits & exceptions8

  • The Data Center Opportunity Zone Overlay District may be established on land near high-voltage transmission lines of 115 kV or more that is planned or zoned for office or industrial use, directing development toward areas with supporting electric infrastructure. The district may be established on lands in proximity to high voltage transmission lines

  • Data centers are permitted by right within the overlay in the O(L), O(H), O(M), O(F), M-1, M-2, and M/T districts, and in designated office or industrial land bays in the PBD and PMD districts. Data centers shall be permitted by right

  • Outside the overlay, data centers may be approved by special use permit in the listed office and industrial districts, rather than being categorically prohibited; B-1 permits them by special use permit. Data Center outside the Data Center Opportunity Zone Overlay District

  • Electric substations serving data centers may use the public-facility-review process within the overlay instead of a special use permit, subject to Virginia Code section 15.2-2232 and the County's review requirements. Electric Substations may be located

  • The Board directed staff to fast-track special use permit applications for electric substations in the same manner used for targeted industries. direct staff to fast track special use permit applications for electric substations

  • The 2019 overlay revision increased the allowable density of data-center development inside the overlay, subject to the revised overlay rules and design standards. It increased the allowable density of data center development inside of the overlay

  • The 2019 map revision added areas identified as suitable for data-center development, while removing areas considered better suited for high-visibility employment uses. Add areas that appear ideal for data center development

  • Under the revised framework described in the comprehensive review, parcels that remain inside the overlay and meet at least one eligibility pathway may continue using existing by-right data-center development permissions. may continue to exercise existing by-right data center development permissions

Sources

current law · County measure
Sponsored and adopted by the Prince William County Board of County Supervisors, this ordinance created the Data Center Opportunity Zone Overlay District to encourage data-center development near adequate infrastructure.Prince William County Ordinance 16-21 (2016) — Data Center Opportunity Zone Overlay District

What this means

The measure would make data centers easier to build without a special-use permit in designated office and industrial areas near major power lines (permitted by right in the overlay district). But outside those areas, many projects would need a special-use permit, and data centers would be barred in several zoning districts (prohibited districts). Overall, the new location limits and approval hurdles outweigh the benefit of by-right development in the overlay.

People behind it

  • Requested initiation of the zoning text amendment and moved for its adoption.

  • Seconded the motion to adopt the zoning text amendment.

  • Initiated and adopted Zoning Text Amendment #DPA2016-00003.

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  • Developed and drafted the proposed amendment and recommended its adoption.

Restrictions & requirementsHide restrictions & requirements7

  • Data centers are prohibited in agricultural, residential, PMR, B-2, B-3, and Village zoning districts.

  • Outside the Data Center Opportunity Zone Overlay District, data centers require a Special Use Permit in the O(L), O(H), O(M), O(F), M-1, M-2, and M/T office and industrial districts.

  • In the B-1 General Business District, data centers are allowed only by Special Use Permit rather than by right.

  • Data centers are permitted by right in the overlay district only in the O(L), O(H), O(M), O(F), M-1, M-2, and M/T districts and in designated office or industrial land bays in the PBD and PMD districts.

  • The overlay district must be created or amended by Board of County Supervisors ordinance following a Board resolution, with boundaries established by map, so by-right data-center eligibility depends on formal overlay designation.

  • An overlay district may be established only on land near high-voltage transmission lines of 115 kV or more and planned or zoned for office or industrial uses.

  • Electric substations supporting data centers may be located by public-facility review inside the overlay district but require a Special Use Permit outside the overlay district.

Benefits & exceptionsHide benefits & exceptions7

  • Data centers are permitted by right within the Data Center Opportunity Zone Overlay District in the O(L), O(H), O(M), O(F), M-1, M-2, and M/T zoning districts, and in designated office or industrial land bays in the PBD and PMD districts.

  • The overlay district may be established on land near high-voltage transmission lines of 115 kV or more that is planned or zoned for office or industrial uses, directing data-center development toward areas with supporting infrastructure.

  • Outside the overlay district, data centers may be approved by special use permit in the office and industrial districts listed in the amendment, rather than being prohibited outright.

  • In the B-1 General Business District, data centers are allowed by special use permit.

  • Within the overlay district, permitted by-right and secondary uses of the underlying zoning district remain available, and the overlay's requirements control if they conflict with the underlying district's regulations.

  • Electric substations may be located within the overlay district through the public-facility review process under Virginia Code § 15.2-2232, rather than requiring a special use permit.

  • The Board directed staff to fast-track special use permit applications for electric substations in the same manner used for targeted industries.

Sources

current law · County measure: Data center development in the county: overlay provisions apply to eligible parcels within the DCOZOD; outside it, the SUP requirements apply in the listed zoning districts and designated PBD/PMD land bays.
Adopted by the Prince William County Board of County Supervisors, this ordinance amended the Data Center Opportunity Zone Overlay District and its related zoning provisions and map.Prince William County Ordinance 19-24 (2019) — Data Center Opportunity Zone Overlay District amendment

What this means

The measure would significantly limit where data centers can be built: the overlay would be closed to future expansion, and new projects outside it in listed zones would need a special-use permit. Some eligible parcels inside the overlay could still use existing by-right permissions, so this is a substantial barrier, not a ban.

People behind it

  • Requested that staff initiate the 2019 zoning text amendment. requested that staff initiate

  • Initiated the 2019 amendment and the 2026 amendment, including its revised re-initiation, and adopted the 2026 measure. initiated a Zoning Text Amendment

  • Prepared and administered the staff review of the amendment, including stakeholder engagement and recommendations. Planning Office recommends approval

Restrictions & requirementsHide restrictions & requirements9

  • The Overlay District is closed to future expansion. The Overlay is closed to any future expansion.

  • To remain in the amended Overlay, properties that were inside it on September 21, 2026, must meet at least one of five eligibility pathways. Four pathways had to be satisfied by ordinance adoption; the fifth allows 90 days after adoption for specified pending data-center rezonings, special use permits or proffer amendments, substation public-facility reviews, and site plans submitted for quality control. The deadline for the fifth criterion is 90 days.

  • Outside the Overlay, new data centers in B-1, O(L), O(M), O(H), O(F), M-1, M-2, and M/T districts, and in designated office or industrial land bays in PBD and PMD districts, require a Special Use Permit. must now proceed through the Special Use Permit process.

  • New construction must give principal facades facing major arterials or interstates at least two design elements from the listed options, such as changes in height, recesses, fenestration, material, pattern, texture, color, or accent materials. at least two of the following design elements.

  • Ground-level and rooftop mechanical equipment must be screened from major arterials, interstates, and abutting residentially zoned or planned properties, unless the Planning Director finds it would have no adverse impact; buildings or existing vegetation may provide the screening. shall be screened from major arterials, interstates and abutting residentially zoned or planned properties.

  • Side and rear yards abutting property not planned or developed for commercial or industrial use require a Type C buffer, with plantings on a berm at least six feet high and no steeper than a 2:1 slope. The Planning Director may approve specified natural-topography, vegetation, or fence alternatives that provide equivalent visual screening. a minimum height of six (6) feet.

  • Chain-link fencing, including fencing with slatted inserts, and barbed wire or similar visibly intrusive deterrents are prohibited along public or private street frontages. The Planning Director may allow alternative compliance if visibility is reduced. Chain-link fencing or barbed wire fencing are prohibited.

  • Data centers in the Overlay may use up to 1.0 FAR, but must still meet the underlying district’s other development standards. up to 1.0 FAR.

  • Substations must have ten-foot-tall opaque fencing facing residentially zoned or planned properties, and remain subject to the other DCSM buffering and landscaping requirements. Ten-foot-tall opaque fencing.

Benefits & exceptionsHide benefits & exceptions4

  • The Board may place qualifying land in the overlay if it is near a transmission line of at least 115 kV and planned or zoned for office or industrial use, making the overlay available to eligible sites. lands in proximity to high voltage transmission lines

  • Within the overlay, data centers may reach up to 1.0 FAR, provided they meet the underlying district’s other development standards. Outside the overlay, a data center may request increased FAR through a special use permit. increased FAR, within the Data Center Opportunity Zone

  • Properties remaining in the overlay that satisfy at least one of the County’s eligibility pathways may continue to use existing by-right data-center development permissions. Eligibility is limited to qualifying parcels; the overlay is closed to future expansion. may continue to exercise existing by-right data center development permissions

  • Outside the overlay, new data-center proposals may seek approval through the special use permit process in specified business, office, industrial, and transportation districts, and in designated office or industrial areas of PBD and PMD districts. A special use permit is required. must now proceed through the Special Use Permit process

Sources

Specific to Prince William County only.

expired · County measure
Adopted by the Prince William County Board of County Supervisors during the county’s data-center noise review, this ordinance removed or limited the nighttime exemption for commercial HVAC noise while retaining a residential exemption and providing a sunset framework.Prince William County Ordinance 23-07 — County Code § 14.4(b) commercial HVAC noise amendment

What this means

The advisory group itself did not impose rules, but the related noise amendment removed a nighttime sound exemption for commercial HVAC, which could require some data centers to reduce equipment noise or pay for mitigation. The change was limited by a one-year sunset clause, so its likely effect on building or operating facilities was minor (nighttime HVAC exemption).

People behind it

  • Board member who introduced the directives to schedule the Noise Ordinance public hearing and create the related working group.

  • Directed the Noise Ordinance review, approved Ordinance 23-07, and established the working-group process.

  • Was directed to create and administer the working group related to the Noise Ordinance amendment.

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  • Co-convened the steering committee responsible for reviewing the ordinance and available amendment options.

  • Co-convened the steering committee responsible for reviewing the ordinance and available amendment options.

  • Co-led the steering committee addressing potential data-center impacts and related ordinance amendments.

  • Co-led the steering committee addressing potential data-center impacts and related ordinance amendments.

  • Co-led the steering committee addressing potential data-center impacts and related ordinance amendments.

  • Co-led the steering committee addressing potential data-center impacts and related ordinance amendments.

Restrictions & requirementsHide restrictions & requirements9

  • Commercial HVAC equipment, including equipment serving data centers, is not exempt from nighttime noise limits; only heating and cooling systems serving residential dwellings receive that exemption.

  • Data center operations must comply with maximum equivalent sound levels measured at the source property boundary or on an affected property. The limits are 60 dBA daytime and 55 dBA nighttime in residential or mixed-use districts, 65/60 dBA in commercial or office districts, and 79/72 dBA in industrial districts. If more than one zoning classification is involved, the most restrictive limit applies.

  • Noise limits generally may not be exceeded during three or more sampling intervals of at least 30 seconds within one hour. If the sound lasts less than 90 seconds, the three-measurement requirement is waived.

  • Steady tonal noise from equipment such as HVAC units, refrigeration units, transformers, and backup generators is subject to additional residential-zone limits of 73 dB(C) during the day and 68 dB(C) at night, measured over five minutes at or within the receiving residential property boundary.

  • Noise compliance measurements must use calibrated Type 1 integrating sound-level meters capable of A-weighted and C-weighted measurements, with measurements taken at the location specified by the applicable rule.

  • Outdoor construction, repair, alteration, or demolition work in a residential zoning district within 100 yards of an occupied dwelling is generally prohibited at night and is subject to daytime operating hours of 7:00 a.m. to 9:00 p.m. on weekdays and 9:00 a.m. to 9:00 p.m. on weekends and county-observed legal holidays.

  • Emergency generators are exempt from the noise limits only when operating during a grid outage, equipment failure, or at a utility's request. Generator exercising is limited to daytime, remains subject to the Table 1 limits, and must last only for the manufacturer's minimum acceptable duration.

  • A person responsible for construction-related data center noise must obtain a variance or partial variance from the Director, while other variance requests go to the Chief. Variances may be granted only when the noise does not endanger public health, safety, or welfare, or when compliance would cause serious hardship without equal or greater public benefit.

  • Violations of the noise chapter may result in a Class 4 misdemeanor for a first offense and a Class 3 misdemeanor for a repeat offense within 365 days; civil penalties of up to $250 for a first offense and $500 for a second offense may be imposed instead, subject to the stated industrial-property and railroad exception.

Benefits & exceptionsHide benefits & exceptions5

  • Industrial-zoned operations may generate up to 79 dBA during the daytime and 72 dBA at night, subject to the ordinance’s measurement and sampling requirements.

  • Lawfully permitted construction, repair, alteration, or demolition work in a residential zoning district within 100 yards of an occupied dwelling is exempt from the ordinary sound limits during specified hours: 7:00 a.m. to 9:00 p.m. on weekdays and 9:00 a.m. to 9:00 p.m. on weekends and county-observed legal holidays.

  • Emergency generators are exempt from the sound limits when operating during a utility outage, equipment failure, or at a utility’s request.

  • The County may grant a variance or partial variance when compliance would create serious hardship without equal or greater public benefit, or when the sound would not endanger public health, safety, or welfare; variances may be issued for a reasonable period but can be reviewed or revoked.

  • The 2023 amendment addressing commercial HVAC noise at night included a one-year sunset clause, limiting the duration of that added restriction.

Sources

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