Smyth County
Anti-Data Center Policies
Smyth County’s enacted rules require data centers to obtain special permits and meet site, noise, screening, and energy requirements; the rationale inconsistently describes them as proposed.
current law · County measureProposes, but does not yet enact, zoning rules for data centers in Smyth County; the measure was considered at a June 25, 2026 joint public hearing, and no data-center application or designated property was pending.Smyth County Zoning Ordinance § 4-19, Data Centers (2026)
What this means
If enacted, the proposal would make data center projects significantly harder: all would need special use permits, meet demanding noise, screening, energy, and site rules, and provide technical studies and a decommissioning plan. It is not a ban, since projects could still be considered in several zoning districts, but the costs and approval hurdles are substantial.
People behind it
- Smyth County Board of Supervisors
Jointly conducted the public hearing and was responsible for considering and adopting the proposed zoning amendments.
- Smyth County Planning Commission
Jointly conducted the public hearing and was responsible for considering and recommending approval or denial of the proposed amendments.
- Shawn M. Utt
Smyth County Administrator who issued the measure summary, administered the public-hearing process, and signed the notice issued by order of the Board and Planning Commission.
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- Clegg Williams
Assistant County Administrator who presented and explained the proposed text amendment during the public hearing.
Restrictions & requirementsHide restrictions & requirements25
Data centers would require a Special Use Permit in the Industrial, Commercial, Agricultural, and Agricultural/Rural districts instead of being allowed by right.
Each Special Use Permit would require review by the Planning Commission and approval by the Board of Supervisors, including a public hearing.
Before the joint public hearing, the applicant would have to hold a community meeting with 7–14 days’ written notice to the Zoning Administrator and adjoining property owners, advertise the meeting in the local newspaper, post a sign of at least 32 square feet, provide application materials, and submit a summary of public input within seven days.
A Special Use Permit application would have to include a decommissioning plan covering the project life, responsible party, removal procedures, and restoration of disturbed land.
The application would have to identify the applicant, owners, operator, project location and size, construction and operating schedules, generating capacity, equipment, electrical interconnection, and impacts on natural and historic resources, prime agricultural soils, and forests.
Applicants would have to submit detailed site plans covering buildings, equipment, access, parking, substations, electrical infrastructure, water supply, fencing, electrical-service availability, cooling systems, setbacks, landscaping, and cultural resources.
Data center buildings would generally have to maintain a 60-foot setback from all lot lines, subject to exceptions for certain adjoining or interior parcels and possible additional setbacks imposed through permit conditions.
A vegetated buffer at least 15 feet wide would be required around the entire property within the required setbacks, with specified planting, screening, and maintenance requirements for the life of the facility.
The facility would have to be enclosed by security fencing at least six feet high with an anti-climbing device, generally located inside the vegetative buffer and maintained while the facility operates.
Noise from mechanical equipment, generators, substations, and similar infrastructure could not exceed 55 dB(A) at the property line, or 52 dB(A) when prominent tonal noise is present; temporary construction and emergency operations are exempt from these limits.
Applicants would have to provide a qualified acoustical-engineer noise study before final site-plan approval, implement identified mitigation, and potentially undergo post-construction testing within 90 days of occupancy.
Noise evaluations would be required within 90 days after each phase receives an occupancy permit and annually for ten years, generally during peak cooling operations from June through August.
Data centers would have to use Tier IV-compliant backup power systems and achieve a total usage efficiency of 1.15 or less.
Building height would be limited to 60 feet.
Lighting would be limited to what is reasonably necessary for security and designed to minimize off-site effects.
A data center could not be located within one-half mile of an airport unless the applicant provides written FAA certification that the facility would create no safety or operational impacts.
No more than five percent of the land within a five-mile radius of an existing data center could be approved for additional data center use.
Owners or operators would have to provide County officials reasonable access for inspections, subject to applicable safety and security protocols.
An emergency action plan and, where required by the County authority having jurisdiction, an onsite fire-monitoring system or fire-watch prevention plan would be required.
Electrical storage systems would have to comply with the Virginia Building Code and Virginia Statewide Fire Prevention Code.
When a facility is abandoned, the owner or operator would have to notify the County and physically remove the facility within 365 days, unless the Board of Supervisors approves an extension.
The County could require a bond or letter of credit to secure compliance with Special Use Permit conditions and limitations.
The County could require qualified third-party technical reviews, with the associated costs paid by the applicant, or require applicant-provided reviews subject to County acceptance.
Required post-permit documentation and approvals generally would have to be submitted or obtained by the time of a building-permit application; failure to do so could result in Special Use Permit revocation and denial of the building permit.
The Planning Commission or Board of Supervisors could require additional materials and impose additional conditions, including construction plans, nearby-facility information, economic and property-value analyses, wildlife and habitat assessments, and additional noise or cultural-resource studies.
Benefits & exceptionsHide benefits & exceptions12
Allows data centers to be considered in the Industrial, Commercial, Agricultural, and Agricultural/Rural districts through the Special Use Permit process.
Permits the Board of Supervisors to approve certain roads, pads, or other site items to remain after decommissioning if they will serve a future permitted use and receive site-plan approval.
Allows the Zoning Administrator to approve alternatives to restoring a site to its prior condition, including leaving roads, pads, or other improvements for a future permitted use, subject to the stated approval requirements.
Allows the Board of Supervisors to approve increased or modified project conditions, including setbacks and buffering, rather than applying only the minimum standards.
Provides a 60-foot building setback but allows exceptions for adjoining parcels owned by the applicant and for interior lot lines within the project area.
Allows access facilities, erosion and stormwater structures, and electrical-grid interconnections to cross required setback areas when generally perpendicular to the property line.
Allows existing wetlands or woodlands to support a recommendation to waive or modify required screening and buffer improvements when they are permanently protected as a buffer.
Allows existing trees and vegetation to satisfy or supplement landscaping and vegetative-buffer requirements, subject to maintenance and replacement rules.
Permits mechanical equipment and similar infrastructure to avoid full enclosure when the Zoning Administrator determines enclosure is infeasible because of manufacturer specifications.
Allows an applicant to provide qualified third-party technical reviews instead of having the County retain reviewers, subject to County acceptance.
Allows data centers to have buildings up to 60 feet in height.
Allows additional data center use within five miles of an existing data center, provided the additional approved land does not exceed five percent of the land within that radius.
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