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The Data Center Divide

Stafford County

Slightly Anti-Data Center Policies

Stafford County permits data centers in some zones but requires setbacks, buffers, fencing, and noise monitoring; certain previously approved projects are exempt, and aging equipment may receive lower tax assessments.

current law · County measure
Stafford County approved O25-29 on October 21, 2025, changing data-center special regulations in §28-39(q).Stafford County Ordinance O25-29 (2025)

What this means

The ordinance makes new projects harder by requiring larger setbacks and buffers, noise limits and monitoring, and added plans and approvals. These are significant barriers, though the measure does not ban data centers and exempts certain already-approved projects from the new rules (setbacks and buffers).

People behind it

  • Moved adoption of the ordinance; the document records it as adopted “[o]n motion of Ms. Vanuch.” Source

  • Seconded the motion to adopt the ordinance. Source

  • Adopted the ordinance amending and reordaining the County Code’s special regulations for data centers. Source

Restrictions & requirementsHide restrictions & requirements6
  • Primary-structure setbacks include seven hundred fifty feet from the specified river, school and residential boundaries, subject to the geographic qualifications in subsection (q)(1)(a). The redline changes the outside-Urban-Services-Area commercial-property setback from 200 to 100 feet; it is not a retained 200-foot requirement.

  • Specified accessory uses and substations cannot be within three hundred (300) feet of protected school and residential boundaries; primary structures also face the listed sensitive-use setbacks.

  • Requires a tree preservation plan, vegetated buffers, security fencing and mechanical-equipment screening.

  • Requires documentation from the electric provider; generator testing is limited to Monday to Friday, 9 a.m.–5 p.m., excluding federal and state holidays.

  • Noise is limited to 55 dB(A), or 52 with a prominent tone, subject to construction/emergency exceptions; evaluations continue annually thereafter for a period of ten years.

  • Requires an Industrial Cooling Plan, Emergency Action Plan and Construction Mitigation Plan.

Benefits & exceptionsHide benefits & exceptions5
  • Projects with Board approval of a reclassification or conditional use permit, or site plan approval, on or before October 21, 2025, may continue existing and directly related future applications and development under the rules in effect when approved, provided they are diligently pursued and do not expire under County or state deadlines. “projects receiving reclassification or conditional use permit (CUP) approval”

  • The Board may modify required setbacks or buffers when approving a zoning reclassification, based on site-specific considerations such as a viewshed analysis or noise-propagation study showing the reduction is reasonable. “Required buffers and/or setbacks may be modified”

  • Generators may be used for backup or emergency purposes and for testing or commissioning; testing is limited to weekdays from 9 a.m. to 5 p.m. and is prohibited on federal and state holidays. “generator use shall be limited to backup and emergency use only”

  • The ordinance’s noise limits do not apply to construction activities or emergency operations, including temporary use of emergency generators, when responding to sudden, reasonably unforeseen events beyond the operator’s control. “shall not apply to construction activities or operations during emergencies”

  • Mechanical equipment generally must be screened and enclosed, but enclosure is not required when the manufacturer’s specifications do not recommend it; the screening requirements also do not apply to solar panels. “unless enclosure is not recommended”

Sources

current law · County measure
This resolution amended Stafford County’s Comprehensive Plan to address data-center development as part of the county’s long-range land-use framework.Stafford County Resolution R23-214 (2023)

What this means

Data centers would be allowed by right in several zoning districts, making approval more predictable. Setbacks, buffers, sound studies, and ongoing noise checks add some costs and limits, so the overall effect is slightly negative.

People behind it

  • Administers and maintains the Comprehensive Plan 2016–2036 and its adopted amendments.

  • Prepared the Comprehensive Plan 2016–2036 2021 Five-Year Update and recommended it for adoption.

  • Adopted the Comprehensive Plan 2016–2036 2021 Five-Year Update and the ordinance establishing zoning and development regulations for data centers.

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  • Moved adoption of the ordinance.

  • Seconded the motion to adopt the ordinance.

Restrictions & requirementsHide restrictions & requirements24
  • Data centers are permitted by right only in the M-2 Industrial, Heavy district and the ICTP Integrated Corporate and Technology Park Overlay; other locations may require additional zoning approval.

  • Primary structures must be set back at least 100 feet from property lines abutting noncommercial or nonindustrial property inside the Urban Services Area, and at least 200 feet outside it.

  • A landscaped, vegetated buffer at least 50 feet wide is required when a site abuts or is across a road from noncommercial or nonindustrial property; the buffer may be located within the required setback.

  • Required setbacks and buffers may be reduced only through Board of Supervisors approval of a zoning reclassification or conditional use permit, based on site-specific analyses such as viewshed or noise studies.

  • Sites outside the Urban Services Area must maintain at least 30 percent open space, while the Comprehensive Plan encourages at least 50 percent open space for data centers outside the area.

  • Data centers outside the Urban Services Area may be consistent with the Comprehensive Plan only if they are within 0.5 miles of the Urban Services Area boundary and preserve rural or agricultural character through enhanced setbacks, forest preservation, and substantial screening.

  • Data centers are preferentially located in Business and Industry areas within the Urban Services Area, and preferred sites must be within 0.5 miles of an existing electric transmission corridor or other suitable electrical source.

  • A public-water extension to a data-center site outside the Urban Services Area requires a determination by the Board of Supervisors that the extension is appropriate.

  • Data-center sites are expected to use water-reuse or closed-loop cooling systems, with reuse water preferred where capacity is available.

  • Data centers should not permanently use potable water for industrial cooling, use groundwater or raw surface water outside the municipal system for cooling, or directly withdraw cooling water from the Rappahannock River, Potomac River, or major tributaries.

  • Proposals using water-based cooling must demonstrate adequate public-water, sewer-conveyance, treatment, and water-supply capacity.

  • Water-based cooling systems must use reuse water where available, provide onsite water storage for reduced daily demand and emergency backup, obtain an individual Significant Industrial User discharge permit, and fund sanitary-sewer improvements needed for additional flows.

  • The site must have security fencing at least seven feet high, including an anti-climbing device and secured gates, installed inside any required buffer.

  • Ground-mounted and roof-mounted mechanical equipment must use sound-mitigation measures, including sound-muffling materials.

  • A sound propagation study prepared by an environmental noise professional is required for each proposed site layout and building type before final site-plan approval for each project phase and with any required conditional use permit application.

  • The required sound study must evaluate predevelopment and predicted postdevelopment noise and recommend mitigation measures that may become conditions of a conditional use permit.

  • Postdevelopment noise must be evaluated within 90 days after each project phase receives an occupancy permit and annually for 10 years; if noise exceeds allowable levels, the County must pursue legal measures to obtain compliance.

  • Utility substations, water-cooling facilities, backup-generation systems, and fire-suppression systems associated with a data center may require additional approvals or conditional use permits.

  • Data-center projects must document the proposed cooling method and water demand and provide electric-service-provider documentation confirming the availability, capacity, and timing of required electrical service, including future energy needs and planned power infrastructure.

  • Data centers must develop an emergency-management action plan with County public-safety divisions, provide 24-hour emergency contact information at the facility entrance, install NFPA 14 standpipes in multistory buildings, and fully sprinkler buildings under NFPA 13 or the applicable standard.

  • Developers must repair roadway damage attributable to data-center construction, including damage to pavement, shoulders, and aprons, within a reasonable period after the final certificate of occupancy, with more immediate repairs required when the damage is unsafe.

  • The Comprehensive Plan calls for increased setbacks from residential, mixed-use, school, daycare, park, assisted-living, nursing-home, and similar properties, along with substantial vegetative or forested buffers and possible berms where existing buffers are inadequate.

  • The Comprehensive Plan calls for operational noise mitigation, orientation of noise-generating equipment away from sensitive uses, reduced building height near residential property lines, and possible use of sound walls, screening, building materials, or other acoustic measures.

  • Visible data-center facades must be articulated at least every 100 linear feet, include at least 15 percent windows, doors, or comparable fenestration, provide a differentiated main entrance, use a high-albedo or light-colored roof, include exhaust-stack shrouds, and use specified primary and secondary facade materials.

Benefits & exceptionsHide benefits & exceptions15
  • Data and computer service centers are permitted by right in the B-2 Urban Commercial, REC Recreational Business Campus, M-1 Light Industrial, M-2 Heavy Industrial, and ICTP Integrated Corporate and Technology Park districts, allowing them to proceed without conditional-use approval where otherwise required.

  • Data centers are permitted by right in the M-2 Heavy Industrial district and the ICTP Integrated Corporate and Technology Park Overlay.

  • The Board of Supervisors may reduce or modify required data-center setbacks and vegetated buffers during a zoning reclassification or conditional-use approval based on site-specific evidence such as a viewshed analysis or noise-propagation study.

  • The data-center definition includes associated facilities and infrastructure such as air handlers, water-cooling and storage facilities, utility substations, backup power generation, fire-suppression systems, and enhanced security systems, although some components may require additional approvals or conditional-use permits.

  • Applications submitted before October 17, 2023 may continue through the applicable land-use review process if diligently pursued, until they expire under Stafford County Code deadlines.

  • Public water and sewer utilities may be extended outside the Urban Services Area on a case-by-case basis to serve data-center sites.

  • Business and Industry areas within the Urban Services Area are identified as preferred locations for data centers.

  • The plan favors data-center sites within one-half mile of existing electric transmission corridors or other suitable electrical sources.

  • A data-center project outside the Urban Services Area may be consistent with the plan if it is within one-half mile of the Urban Services Area and meets specified conditions, including rural-character screening, encouraged 50% open space, water reuse or closed-loop cooling, and limited use of private wells and septic systems.

  • The Board of Supervisors may determine that extending public water to an otherwise eligible data-center site outside the Urban Services Area is appropriate when necessary.

  • In the Central Stafford Targeted Development Area, data centers are identified as an encouraged business or industrial use, and construction of sewer, water, and road capital improvements is supported to promote the business area.

  • Qualifying businesses in the Central Stafford business area may receive accelerated development approvals.

  • Tax incentives may be considered for qualifying businesses in the Central Stafford business area.

  • The Central Stafford business area may be designated as a Transfer of Development Rights receiving area, allowing residential development rights to be converted into commercial floor area.

  • Existing proffer requirements may be forgiven for qualifying businesses in the Central Stafford business area.

Sources

current law · County measure
Establishes enforceable zoning rules for data-center development, defining data centers and identifying where data centers may be located, including by-right locations in specified commercial and industrial districts.Stafford County Ordinance O23-24 (2023)

What this means

The ordinance allows data centers by right in some zones, which helps development. But it also requires sizable setbacks and buffers, security fencing, noise studies, and ongoing noise checks, adding meaningful costs and hurdles for projects (setbacks and buffers, sound studies).

People behind it

  • Adopted Ordinance O23-24 amending the County Code to define and regulate data centers.

  • Moved adoption of Ordinance O23-24.

  • Seconded the motion to adopt Ordinance O23-24.

Restrictions & requirementsHide restrictions & requirements10
  • By-right approval for data centers is limited to the listed zoning districts: M-2 Industrial, Heavy, and the ICTP Integrated Corporate and Technology Park Overlay. Data and computer service centers are also permitted by right in B-2, REC, and M-1 districts. permitted by right

  • Primary structures must be set back at least 100 feet from property lines adjoining noncommercial or nonindustrial zoning inside the Urban Services Area, and at least 200 feet outside the Urban Services Area. set back at least one hundred (100) feet

  • A vegetated buffer at least 50 feet wide is required when a site abuts or is across a road from nonindustrial or noncommercial property. The buffer may be located within the required setback. a vegetated buffer

  • The Board of Supervisors may modify required setbacks or buffers only through approval of a rezoning or conditional use permit and based on site-specific considerations, such as a viewshed analysis or noise propagation study demonstrating that the reduction is reasonable. may be modified by the board of supervisors

  • Sites outside the Urban Services Area must maintain at least 30 percent open space. thirty percent (30%) open space

  • The site must have security fencing at least seven feet high, with an anti-climbing device and secured gates; the fencing must be installed inside any required buffer. security fencing at least seven (7) feet

  • All ground-mounted and roof-mounted mechanical equipment must use sound-mitigation measures, including sound-muffling materials. attenuated through sound mitigation measures

  • A site-specific series of sound-propagation studies is required. The studies must be prepared by an environmental-noise professional, address baseline and predicted post-development noise, and be submitted before final site-plan approval for each phase and with a conditional-use-permit application when a CUP is required. sound study shall be specific to the proposed site layout

  • Post-development noise must be evaluated within 90 days after occupancy for each project phase and annually for 10 years. If noise exceeds applicable maximum decibel levels, the County must pursue available legal compliance measures. within ninety (90) days after the issuance of the occupancy permit

  • Certain associated infrastructure or equipment may require additional approvals or conditional use permits, as applicable, including air handlers, water-cooling and storage facilities, utility substations and infrastructure, backup power generation, fire-suppression systems, and enhanced security systems. may require additional approvals or conditional use permits

Benefits & exceptionsHide benefits & exceptions4
  • Data and computer service centers are permitted by right in the B-2 Urban Commercial, REC Recreational Business Campus, M-1 Light Industrial, M-2 Heavy Industrial, and ICTP Integrated Corporate and Technology Park Overlay districts. In the M-2 and ICTP districts, data centers themselves are also permitted by right. The ordinance lists these permitted uses

  • The Board of Supervisors may modify otherwise required data-center setbacks and vegetated buffers during approval of a rezoning or conditional use permit when site-specific evidence, such as a viewshed analysis or noise study, shows that a reduction is reasonable. Required buffers and setbacks may be modified

  • Applications submitted before October 17, 2023, may continue through the applicable land-use review process, provided they are diligently pursued and have not expired under Stafford County Code deadlines. Applications submitted prior to October 17, 2023, are allowed to continue

  • Five specified projects are grandfathered under the later rules if they received Board approval for a rezoning or conditional use permit, or site-plan approval, on or before October 21, 2025. Those projects may continue with existing and future applications and development plans directly attributable to the approved project under the zoning regulations in effect when approval was granted. Grandfathered projects may continue with existing and future applications

Sources

current law · County measure
Initiates an advisory review of Stafford County’s data-center regulations by directing the Planning Commission to recommend possible changes to the zoning ordinance and Comprehensive Plan; it was approved on May 20, 2025 and did not itself amend regulations or change approval requirements.Stafford County Resolution R25-141 (2025)

What this means

The zoning update adds data-center-specific safeguards that can make projects harder to site and design, including stronger setbacks, buffers, and noise controls. But five projects with earlier approvals are grandfathered, limiting the effect on them; overall, the rules create meaningful new requirements rather than a ban.

People behind it

  • Board of Supervisors member who brought the data center regulation review issue forward and initiated consideration of the measure.

  • County department that presented and recommended the proposed resolution to review data center regulations.

  • Governing body that requested the Planning Commission review and approved Resolution R25-141.

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  • Board Chair who made the successful substitute motion to approve R25-141 and schedule the matter for further Board consideration.

  • Board member who seconded the successful substitute motion approving R25-141.

Restrictions & requirementsHide restrictions & requirements10
  • Data centers are permitted by right only in the M-2 Heavy Industrial and ICTP (Integrated Corporate and Technology Park) zoning districts; they were removed as by-right uses from other districts, requiring applicable rezoning or other approval.

  • Data centers must be set back at least 100 feet from property lines adjoining noncommercial or nonindustrial zoning within the Urban Service Area, and at least 200 feet from those property lines outside the Urban Service Area.

  • A vegetated buffer of at least 50 feet is required next to nonindustrial or noncommercial property. The buffer may be located within the required setback.

  • The Board of Supervisors may reduce the required setbacks or buffers only based on site-specific analyses, such as viewshed or noise studies.

  • Sites outside the Urban Service Area must provide at least 30 percent open space.

  • Data centers must install security fencing at least seven feet high, with anti-climb features and security gates; fencing must be located inside the required buffers.

  • Mechanical equipment must include sound mitigation, and applicants must submit sound studies before final site-plan approval or approval of a conditional use permit.

  • After occupancy, data centers must undergo an initial noise evaluation within 90 days and annual noise evaluations for up to 10 years; enforcement action may be taken if applicable noise limits are exceeded.

  • Applications submitted before October 17, 2023, may continue under the regulations in effect when they were submitted until the applications expire under applicable County Code deadlines.

  • Under Ordinance O25-29(R), projects that received Board approval for a reclassification or conditional use permit, or site-plan approval, on or before October 21, 2025, are grandfathered under the zoning regulations in effect when the project was approved.

Benefits & exceptionsHide benefits & exceptions5
  • Data centers are permitted by right in the M-2 Heavy Industrial and ICTP Integrated Corporate and Technology Park Overlay districts, avoiding a discretionary approval process in those districts. permitted by right

  • Required vegetated buffers may be located within the required setback area, allowing the same land area to satisfy both requirements. buffer may be inside the setback area

  • The Board of Supervisors may reduce required setbacks and buffers based on site-specific analyses, such as viewshed or noise studies. may be reduced by the Board of Supervisors

  • Data center applications submitted before October 17, 2023, may continue under the prior review process until they expire under applicable County Code deadlines. applications submitted before October 17, 2023

  • Five specified projects that received Board reclassification or conditional-use-permit approval, or site-plan approval, on or before October 21, 2025, are grandfathered under the zoning regulations in effect when approved. Their existing and future applications and development plans directly attributable to the approved projects may continue under those earlier regulations. grandfathering for data center projects

Sources

current law · County measure
This resolution amended Stafford County’s Comprehensive Plan guidelines concerning data centers.Stafford County Resolution R25-208 (2025)

People behind it

  • Administers and maintains the Comprehensive Plan 2016–2036 and establishes and administers the comprehensive plan and zoning standards governing data center development.

  • Directed the 2025 review of data center regulations and approved related comprehensive plan amendments and zoning ordinances, including Ordinance O25-29(R).

  • Reviewed data center regulations and forwarded recommendations for comprehensive plan and zoning ordinance changes.

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  • Conducted the 2025 review of data center regulations and developed recommendations for stricter setbacks, buffers, noise controls, security, and tree preservation.

  • Presented financial results and proposed reallocating funds to fully fund the Rappahannock Regional Jail under proposed Resolution R25-266.

  • Responsible for proposing and administering the zoning, comprehensive-plan, conditional-use-permit, proffer-amendment, and tobacco-and-vape-use measures listed on the agenda.

Restrictions & requirementsHide restrictions & requirements19
  • Data centers are permitted by right only in specified zoning districts, including M-2 Heavy Industrial and the Integrated Corporate and Technology Park Overlay.

  • Data centers must maintain a minimum setback of 100 feet from property lines adjoining noncommercial or nonindustrial zoning within Urban Service Areas, and 200 feet outside Urban Service Areas.

  • A vegetated buffer of at least 50 feet is required next to noncommercial or nonindustrial properties; the buffer may be located within the required setback.

  • The Board of Supervisors may reduce required setbacks or buffers only after considering site-specific analyses, such as viewshed or noise studies.

  • Sites outside Urban Service Areas must provide at least 30 percent open space.

  • Data centers must install fencing at least seven feet high with anti-climb features and security gates, with fencing located inside required buffers.

  • Mechanical equipment must include noise mitigation measures.

  • Applicants must submit sound studies before final site-plan approval and/or approval of a conditional-use permit.

  • Post-construction noise evaluations are required within 90 days after occupancy and annually for up to 10 years; enforcement action may be taken if applicable noise limits are exceeded.

  • Data center applications submitted before October 17, 2023, may continue under the prior review process only until the applicable County Code deadlines expire.

  • The 2025 Planning Commission recommendations would require primary data center buildings to have a 500-foot setback from residential property lines, instead of 100 feet.

  • The 2025 Planning Commission recommendations would increase the vegetative buffer from residences from 50 feet to 200 feet.

  • The 2025 Planning Commission recommendations would prohibit accessory buildings, parking, loading areas, drive aisles, outdoor storage, refuse areas, and electrical substations within 300 feet of residences, undeveloped residential-zoned land, schools, assisted living facilities, nursing homes, parks, or child care centers.

  • The 2025 Planning Commission recommendations would require developers to submit a tree-preservation plan and would allow removal of mature, healthy trees in buffer areas only when necessary for access or utility connections.

  • The 2025 Planning Commission recommendations would increase the required fencing height from seven feet to eight feet.

  • The 2025 Planning Commission recommendations would restrict generators to emergency or backup use.

  • The 2025 zoning and comprehensive-plan amendments required review and public hearings before the Planning Commission and Board of Supervisors.

  • Ordinance O25-29(R) limits grandfathering to projects that received Board of Supervisors approval for reclassification or a conditional-use permit, or site-plan approval, on or before October 21, 2025.

  • The measure imposes a temporary moratorium on accepting or processing applications for the construction, expansion, or establishment of data centers during the specified moratorium period.

Benefits & exceptionsHide benefits & exceptions5
  • Data centers are permitted by right in the M-2 Heavy Industrial and ICTP Integrated Corporate and Technology Park Overlay districts, allowing development without special-use approval under Ordinance O23-24.

  • Applications submitted before October 17, 2023, may continue under the regulations and review procedures in effect when submitted until they expire under applicable County deadlines.

  • The Board may reduce required setbacks or buffers based on site-specific analyses, including viewshed or noise studies, providing flexibility in project layouts.

  • Projects that received rezoning, conditional-use-permit, or site-plan approval on or before October 21, 2025, may continue existing and future applications directly attributable to the approved project under the zoning regulations in effect when approved; this grandfathering applies to five identified projects.

  • Proposed Ordinance O25-19 would rezone Tax Map Parcels 46-10 and 46-8A, known as the Cranes Corner Data Center, from A-1 Agricultural and M-1 Light Industrial to M-2 Heavy Industrial, subject to proffers, enabling the proposed project to proceed under the new zoning classification.

Sources

current law · County measure
This ordinance created a separate tangible personal property tax classification for data-center computer equipment and peripherals.Stafford County Ordinance O19-23 (2019)

What this means

The measure would let the county tax data-center equipment at a lower assessed value as it ages, though the benefit is limited by higher assessments in the first two years and an uncertain tax rate. Overall, it modestly favors data centers and adds no new building or operating restrictions.

People behind it

  • Proposed and adopted the ordinance creating the separate tangible personal property tax classification for data centers and was to set its tax rate.

  • Responsible for setting the depreciation schedule and administering business tax assessments for the data-center tax classification.

  • Handles business property tax assessment compliance for the Commissioner of the Revenue.

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  • Moved the resolution authorizing advertisement of the public hearing for the proposed ordinance.

  • Seconded the resolution authorizing advertisement of the public hearing for the proposed ordinance.

  • County Administrator authorized to advertise the public hearing and responsible for administering that action.

Restrictions & requirementsHide restrictions & requirements2
  • Data centers must file a return reporting all tangible business personal property owned, leased, rented, or borrowed as of January 1 that is used or available for business use in Stafford County, creating an annual compliance requirement.

  • Computer equipment and peripherals used in a data center are subject to local tangible personal-property taxation based on original cost, assessed at 50% in the first year, 35% in the second, 20% in the third, 10% in the fourth, and 5% in the fifth and later years.

Benefits & exceptionsHide benefits & exceptions2
  • Creates a separate tangible personal property tax classification for computer equipment and peripherals used in a data center, allowing Stafford County to set a potentially lower tax rate; the 2019 rate was left for later budget consideration.

  • Provides a reduced assessment schedule for qualifying data-center equipment: 50% of original cost in year 1, 35% in year 2, 20% in year 3, 10% in year 4, and 5% in year 5 and all prior years. The schedule applies to computer equipment and peripherals used in a data center.

Sources

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