Surry County
Anti-Data Center Policies
Surry County allows data centers as a principal use but requires added plans and reviews for noise, hazards, construction, archaeology, and natural resources, potentially increasing costs and delays. Some qualifying sites may seek a waiver from the 500-acre minimum.
current law · County measureThis amendment revises the county’s Emerging Technologies District rules used for data-center development, including the district minimum-size waiver, height-waiver criteria, lighting, transportation and mobility planning, traffic analysis, archaeological review, and construction-management requirements.Surry County Ordinance Amendment 2025-02 (Emerging Technologies District amendments)
What this means
The amendment adds meaningful review and planning work, including noise and hazard plans and construction, archaeological, and natural-resource requirements. But data centers remain an allowed principal use, and the 500-acre minimum can be waived for qualifying sites, so the overall effect is a moderate added burden rather than a major barrier.
People behind it
- Surry County Planning Commission
Approved a motion to bring forward amendments to the Emerging Technologies District ordinance.
- Surry County Board of Supervisors
Conducted the public hearing and was responsible for considering and taking action on the ordinance amendment.
- Mr. Wade
County staff member who presented the amendment update and coordinated the ordinance-amendment process.
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- Ms. Perkins
Outside legal counsel working with county staff to review and draft the proposed amendments.
Restrictions & requirementsHide restrictions & requirements15
A data center must be developed within the Emerging Technologies (ET) District, and rezoning land to the ET District requires Board of Supervisors approval through the ordinance-amendment process. Conditional zoning is identified as the appropriate method for addressing the impacts of the rezoning.
The ET District generally requires at least 500 contiguous acres. A waiver is available only for parcels meeting specified industrial-zoning or adjacency criteria and must be approved by the Board of Supervisors, which may impose conditions.
Except where the ET District adjoins industrial uses or industrially zoned areas, data-center structures must be screened sufficiently to avoid a materially adverse visual impact on neighboring properties, the James River, or historic sites.
Structures in the ET District are limited to a maximum height of 75 feet unless the Board of Supervisors grants a waiver after finding that the structure will have a minimally adverse impact on neighboring properties, the James River, or historic sites.
Although there are no fixed minimum setbacks, building spacing and setbacks must be established during master-plan review and must provide adequate room for circulation, safety, emergency access, and associated outdoor activity areas.
Exterior lighting must comply with International Dark-Sky Association guidelines, and all lighting equipment must have third-party certification through the IDA Dark-Sky Approved Program.
The ET rezoning application must include a preliminary master plan with extensive documentation, including a land-use plan, transportation and traffic-impact analysis, utility and sewer provisions, open-space and screening plans, noise analysis, viewshed studies, design guidelines, development phasing, and hazard or hazardous-material disclosures.
All existing zoning-ordinance requirements continue to apply to ET development unless they are specifically modified by conditional-zoning proffers accepted by the Board of Supervisors.
After approval of the final master plan, each phase or component of a data center must obtain preliminary and final site-plan approval, and construction cannot begin until the applicable final site plan and required zoning or building permits have been issued.
Preliminary site plans must include a noise study and noise-reduction plan, a lighting plan, a hazard-mitigation plan approved by the county's Chief of Emergency Management in coordination with the Virginia Department of Emergency Management, and the locations of impervious surfaces.
Final site plans must include a construction-management plan addressing construction hours, staging, access, parking, truck-wash stations, topsoil preservation, construction lighting, traffic mitigation, and a contact person for neighbor and citizen comments.
Before land disturbance, required archaeological and cultural-resource studies and treatment plans must be reviewed and approved. Eligible or potentially eligible sites may require additional phase II or phase III studies or preservation in place.
If a natural-resources inventory identifies suitable habitat for specified state or global conservation resources, an approved conservation-management plan must be incorporated into the development plan before land disturbance, unless the administrator allows an off-site mitigation plan under the stated conditions.
Site plans must substantially conform to the approved master plan. Increases in density, added uses, substantial changes to access, utilities, land-use mix, open space, design, or phasing require a master-plan revision through the ET application process.
The county administrator must periodically inspect the site and review building permits to monitor compliance with the ET master plan, accepted proffers, development phasing, and the zoning ordinance.
Benefits & exceptionsHide benefits & exceptions14
Data warehouse centers are expressly permitted as a principal use by right in the Emerging Technologies District, subject to Board of Supervisors approval of the rezoning and master plan and compliance with applicable zoning requirements.
The district is designed for master-planned campus developments combining commercial, industrial, utility, technology-focused, and related uses, allowing data centers to be developed alongside supporting facilities.
The data warehouse center definition expressly allows associated air handlers, power generators, water-cooling and storage facilities, utility substations, and related infrastructure needed to support sustained data-center operations.
Accessory uses are allowed for permitted uses, including offices, contractor’s yards, temporary construction-material storage, and warehouse and distribution uses, which can support data-center construction and operations.
The 500-acre minimum district-size requirement may be waived by the Board of Supervisors for qualifying parcels, including land previously zoned M-1 or M-2 or land contiguous to M-1, M-2, or ET-zoned property.
There are no fixed minimum setbacks in the ET district; setbacks and building spacing are established through the master-plan review, subject to circulation, safety, emergency-access, and outdoor-activity requirements.
The maximum structure height is 75 feet, but the Board of Supervisors may grant a height waiver if the applicant demonstrates that the structure will have only a minimally adverse impact on neighboring properties, the James River, or historic sites.
ET streets are generally public under VDOT and county standards, but private streets may be approved through conditional-zoning proffers.
Renewable energy generation facilities are permitted by right and may use emerging technologies, including hydrogen production, to produce energy primarily for on-site consumption and to support ET district uses.
Energy storage facilities, including battery energy storage systems and other listed mechanical, electrochemical, thermal, electrical, and hydrogen-based technologies, are permitted by right and can support data-center power needs.
Water storage tanks are permitted by right, providing a zoning pathway for water-storage infrastructure serving the district.
Once approved, the ET master plan and supporting documentation incorporated into it become part of the rezoning ordinance, and accepted proffers constitute conditional-zoning regulations.
After final master-plan approval, site plans need only substantially conform to that plan; changes requiring a master-plan revision are specifically identified, providing an established process for later project modifications.
The ordinance requires a pre-application meeting with county staff to clarify application requirements and the review process before a formal ET rezoning application is submitted.
Sources
current law · County measure: Emerging Technologies (ET) DistrictThis county zoning ordinance creates the Emerging Technologies District and expressly permits data warehouse centers, defined to include data centers and supporting power, cooling, water, and utility infrastructure.Surry County Zoning Ordinance, Article III § 3-1100, Emerging Technologies District (Ordinance No. 2024-01)
What this means
Data centers would remain allowed as a principal use, and the proposal would let some sites seek a waiver from the 500-acre minimum. But it adds substantial planning and site-plan requirements, including construction-management plans and archaeological and natural-resource reviews, which could add cost and delay; overall, these are meaningful hurdles rather than a ban. (data warehouse centers remain a permitted principal use, waiver from the 500-acre minimum, additional final site-plan requirements)
People behind it
- Surry County Board of Supervisors
Adopted the Emerging Technologies District ordinance and is responsible for considering and taking action on the proposed amendments.
- Melissa Rollins
Clerk to the Board of Supervisors who issued the public-hearing notice for the proposed amendments.
Restrictions & requirementsHide restrictions & requirements15
A data center must be located within an Emerging Technologies District, which requires Board of Supervisors approval of a rezoning and master plan; the rezoning is treated as a zoning-ordinance amendment and is intended to use conditional zoning. The rezoning application and master plan requirements apply even though a data warehouse center is listed as a permitted principal use.
The ET District generally must contain at least 500 contiguous acres. A waiver is available only if the property was previously zoned M-1 or M-2, or is contiguous to M-1, M-2, or ET property, and the Board may impose conditions. Minimum district size and waiver eligibility.
Approval requires a detailed master plan covering, among other things, the proposed land uses and development standards, transportation and traffic impacts, utilities, open space and screening, noise, viewshed impacts, design guidelines, phasing, and hazardous materials and hazard mitigation. The required preliminary master-plan information.
Structures are limited to 75 feet in height. A height waiver requires the applicant to demonstrate to the Board that the structure will have a minimally adverse impact on neighboring properties, the James River, or historic sites; the Board may impose conditions. The 75-foot height limit and waiver standard.
Structures generally must be screened to prevent a materially adverse visual impact on neighboring properties, the James River, or historic sites, except in areas adjacent to industrial uses or industrially zoned areas. The screening requirement.
Although the district has no fixed minimum setbacks, setbacks and building spacing must be established through the master-plan process and must provide adequate circulation, safety, emergency access, and space for outdoor activity areas. The master-plan setback and spacing rules.
Streets must be public and comply with VDOT and County standards unless private streets are approved through Board acceptance of conditional-zoning proffers. The public-street requirement.
Exterior lighting must comply with International Dark-Sky Association guidelines, and all lighting equipment must have third-party certification under the IDA Dark-Sky Approved Program. The lighting restrictions.
Construction cannot begin for any phase or component until the corresponding final site plan is approved and all necessary zoning and building permits have been issued. The prohibition on starting construction before approvals.
Preliminary site plans must include a noise study and noise-reduction plan, a lighting plan, an approved hazard-mitigation plan coordinated with the Virginia Department of Emergency Management, and the locations of impervious surfaces. The preliminary site-plan submissions.
Final site plans must include a construction-management plan addressing construction hours, staging, access, parking, truck washing, topsoil preservation, construction lighting, traffic mitigation, and a contact for neighbor and citizen comments. The required final-site-plan construction-management measures.
Before land disturbance, required archaeological and cultural-resource studies must be completed and approved; eligible resources may require Phase II or Phase III studies or preservation in place. The archaeological-resource requirements.
Before land disturbance, a natural-resources inventory may be required. If protected or rare resources are identified, an approved conservation-management plan must be incorporated into the development plan, unless the Administrator permits an off-site mitigation plan under the stated conditions. The natural-resources inventory and conservation requirements.
Site plans must substantially conform to the approved master plan. Increasing development density or adding uses, substantially changing circulation, grading, utilities, land-use mixtures, buffering, design, or phasing requires a master-plan revision before the site plan may be approved. The material-deviation rules.
The County Administrator must periodically inspect the site and review building permits to verify compliance with the ET master plan, accepted proffers, development phasing, and the zoning ordinance. The post-approval inspection requirement.
Benefits & exceptionsHide benefits & exceptions10
Data warehouse centers are expressly listed as permitted principal uses in the Emerging Technologies District, allowing them by right after the ET rezoning and master-plan approval process.
The definition of a data warehouse center expressly allows associated air handlers, power generators, water-cooling and storage facilities, utility substations, and other utility infrastructure needed for sustained data-center operations.
Several supporting uses are permitted as principal or accessory uses, including minor utility service, energy storage, renewable-energy generation, flex industrial, water-storage tanks, general offices, contractor yards, temporary construction-material storage, and warehousing and distribution.
Renewable-energy generation facilities may produce energy primarily for on-site consumption and to support uses in the ET District, providing a zoning pathway for on-site power supporting data centers.
Major utility service, alternate-discharge sewage systems, surface-water withdrawals, and surface-water-withdrawal systems are available through conditional-use approval, providing pathways for large utility, wastewater, and water-supply infrastructure.
The district has no fixed minimum setback requirement; setbacks and building spacing are established through the approved master plan, subject to circulation, safety, emergency-access, and outdoor-activity considerations.
Private streets may be approved through conditional-zoning proffers, allowing an ET development to use privately maintained internal roadways instead of requiring all streets to be public.
Conditional-zoning proffers may modify otherwise applicable zoning regulations, allowing project-specific standards for an ET development to be accepted by the Board of Supervisors.
The approved master plan, including supporting documentation incorporated through proffers or referenced in the plan, becomes part of the rezoning ordinance; material changes generally require review and approval through the ET master-plan amendment process.
The ET District is designed for large contiguous sites located near high-capacity electric facilities, natural-gas lines, navigable waterways, and existing road networks, supporting access to major power, fuel, water, and transportation infrastructure.
Sources
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