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The Data Center Divide

Rockingham County

Anti-Data Center Policies

Rockingham County’s enacted rules limit data centers to certain districts in eligible growth areas, with studies and closure guarantees; additional paperwork is described as proposed.

current law · County measure
Corrected instrument: Rockingham County PCO 25-10 (2025) — Data Center Ordinance.Rockingham County PCO 25-11 (2025) — Board of Supervisors / County Planning Staff

What this means

Data centers would need special-use approval in limited zoning districts and could only be located within an Urban Growth Area, outside an Urban Development Area. Noise studies and limits, public meetings, and costly decommissioning plans and financial guarantees add significant hurdles, though the measure does not ban data centers and removes fixed setback requirements.

People behind it

  • Explicitly identified as the source of the staff-generated ordinance amendment and responsible for drafting the data center ordinance and policy.

  • Department of Community Development staff lead identified for drafting the Data Center Ordinance and Policy.

  • Department of Community Development staff lead identified for drafting the Data Center Ordinance and Policy; reviewed the proposed ordinance changes.

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  • Moved to remove the data center ordinance from the table and moved for its adoption.

  • Seconded the motions to remove the data center ordinance from the table and adopt it.

Restrictions & requirementsHide restrictions & requirements22
  • Data centers may be located only within an Urban Growth Area boundary and may not be located within an Urban Development Area.

  • Data centers require a special use approval with supplemental standards in the I-1 and PID zoning districts; they are not permitted by right.

  • A Central Energy Plant requires special-use approval in the I-1 zoning district rather than being a permitted accessory use.

  • Before submitting a special-use permit or rezoning application, the applicant must hold a public community meeting no more than six months before submission, mail notice to property owners within one mile at least 14 working days in advance, and include meeting records with the application.

  • Applications must include a third-party baseline noise study, architectural depictions from all parcel lines and streets, community-meeting materials, and anticipated water usage at full operational capacity.

  • Setbacks for data centers are determined through the special-use permit process, creating a discretionary setback requirement.

  • When required by the Board of Supervisors to mitigate visual or noise impacts, the operator or landowner must install and maintain a year-round vegetative buffer with specified species, planting, fencing, invasive-species, ground-cover, and replacement requirements.

  • Data center buildings must include a projecting or recessed main entrance, façade changes at least every 150 horizontal feet, and windows, doors, or similar features covering at least 30 percent of each façade.

  • Data center operations may not exceed 60 C-weighted decibels at the closest nonparticipating property line.

  • For facilities adjacent to residential development, residentially permitted or agricultural zoning, or approved residential plans, generator testing is limited to weekdays from 5:00 p.m. to 8:00 p.m.; generators may otherwise be used only temporarily for backup, emergencies, or commissioning and not for sustained operations.

  • Noise-producing mechanical equipment must be screened on all four sides by an acoustical barrier, unless the Zoning Administrator determines that screening is not practically feasible based on manufacturer specifications.

  • Before a certificate of occupancy is issued for each project phase, the applicant must submit a post-construction noise study showing compliance with the baseline noise conditions.

  • Operators must install and maintain County-selected noise-monitoring devices along the property boundary and provide measurements to the County upon request for the duration of the project.

  • A County-approved decommissioning plan must be submitted before site-plan approval, and a facility that has ceased operations continuously for six months is deemed inactive and subject to decommissioning requirements.

  • After a facility becomes inactive, decommissioning must commence within six months of the County receiving the required notice, with the applicant or successor responsible for the costs and work.

  • Hazardous equipment, materials, and substances must be removed from the site and disposed of under applicable federal, state, and local requirements.

  • The applicant or successor must secure the gross decommissioning costs through an approved surety, such as cash, a letter of credit, or an investment-grade bond or guarantee, before receiving the certificate of completion to operate the facility.

  • Decommissioning cost estimates and the surety amount must be updated at least every five years, and the applicant or successor and property owner remain jointly and severally responsible for decommissioning.

  • If the responsible parties fail to decommission the inactive facility, the County may do so, and excess costs beyond the surety become a lien on the real estate until paid.

  • County policy states that data centers should be located in areas designated Industrial in the Comprehensive Plan, where existing utilities can support them and no farther than one mile from an existing electric transmission line.

  • County policy states that data centers should not be located adjacent to residentially zoned land or areas designated for residential development, and that enhanced setbacks should be considered near residential and recreational uses and schools.

  • The policy encourages applications to document power demand and required electrical infrastructure, requires new electric lines to be underground at the applicant's cost, and calls for electrical substations to be screened from dissimilar uses.

Benefits & exceptionsHide benefits & exceptions6
  • Data centers are expressly eligible for approval through a special use permit in the I-1 and PID zoning districts, subject to supplemental standards. add SU* in the I-1 and PID zoning districts

  • Setbacks are not fixed by the ordinance; instead, they are determined through the special use permit process, allowing project-specific flexibility. Setbacks: Shall be as required by Special Use Permit

  • The final standards do not require public water service. Applicants must instead document anticipated water use at full operational capacity in a form acceptable to the Department of Public Works. Removed requirement that facilities be served by public water

  • Generator use is allowed for temporary backup or emergency purposes, and generator testing is allowed on weekdays from 5:00 p.m. to 8:00 p.m. when the data center is adjacent to specified residential or residentially compatible properties. generator use is limited to temporary backup or emergency use only

  • Noise-producing mechanical equipment generally must have four-sided acoustic screening, but the Zoning Administrator may grant an exception when screening is not practically feasible under manufacturer specifications. except where determined by the Zoning Administrator not to be practically feasible

  • After decommissioning, physical improvements may remain on the property if approved by the County, allowing potentially useful infrastructure to be retained rather than requiring automatic removal. Physical improvements may remain on the property

Sources

current law · County measure
Rockingham County OA26-0887 revises data-center supplemental standards and adds heavy-industry standards.Rockingham County Ordinance Amendment OA26-0887 (2026) — Board of Supervisors / County Planning Staff

What this means

The proposed application requirements create study and paperwork burdens, not a ban. Adoption is reported secondarily, and the signed final ordinance is not attached.

People behind it

  • Adopting body according to secondary reporting; official final adoption unverified

  • Recommends approval 4–0 on July 7, 2026

  • County planner presenting OA26-0887

Restrictions & requirementsHide restrictions & requirements3
  • The attached proposal requires a third-party baseline noise study covering full-load operation and nearby residences and schools, with recommended mitigation incorporated into design. Final adopted wording is unverified.

  • The proposal requires architectural depictions, community-meeting records, water-use information, utility letters and site assessments of water, agriculture, parks, historic sites and forestland.

  • Proposed heavy-industry application standards cover projects using 100 MW or more. CivicIQ reports adoption, but no signed final ordinance is attached.

Sources

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