Virginia Data Center RegulationVirginia Data Center RegulationCoverage from Hunton Andrews Kurth LLP, Roanoke Rambler, and others
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Virginia’s approach to data-center development combines state policy, local siting decisions, and debate over the costs and impacts of large facilities.
The Data Center Accountability Framework and Executive Order 22 set out measures including local approval for facilities above 25 megawatts, limits on project secrecy and subsidies, and standards addressing water, energy, land use, noise, and backup power. They also address how grid costs are assigned to large customers. Some measures are described as proposals or requiring further legislative action, so the distinction between executive directives and provisions needing additional approval is important.
It adds specific reporting on the state’s grid-cost directive alongside the framework’s broader proposals.
Maryland Matters / Shannon Heckt
Key Issues
01
Local review is expanding, while statewide approval reform remains pending
Current law requires site assessments for certain facilities expected to use at least 100 MW, and counties are tightening or considering local review processes. The broader proposal to require local approval above 25 MW remains contingent on legislation, leaving approval pathways variable by locality.
Drawn from 4 articles
02
Environmental requirements are taking effect in stages
Tier 4-equivalent emissions limits apply to covered generator permit applications, and cooling-water requirements are being phased in for designated scarcity areas. Broader generator reviews and noise rules remain in agency work or rulemaking, so comprehensive statewide limits are not yet in place across these impacts.
Drawn from 4 articles
03
Grid-cost responsibility is shifting toward large-load customers
A State Corporation Commission directive calls for a Dominion tariff assigning data-center-specific transmission costs to those customers, and a large-load rate class is scheduled to take effect in January 2027. Broader state measures would allocate more transmission, generation, and PJM-related costs to the customers driving demand.
Drawn from 4 articles
04
Immediate rules limit agency secrecy and specified state assistance
Executive Order 22 bars executive-branch agencies from using NDAs that conceal material project information and ends specified discretionary site-readiness or expedited-permitting assistance for new projects at or above 25 MW. The NDA restriction does not itself cover local governments, while broader disclosure and approval reforms remain proposals.
Drawn from 4 articles
Key Numbers
25 megawatts
data center power use threshold for required local approval
any data center using more than this amount
“The broader framework would eliminate by-right approval and require local approval for any data center using more than 25 megawatts of power. It also gives communities tools to negotiate stronger agreements, ends state subsidies for data centers through Virginia’s site development programs, and removes future large data centers from the state’s fast-track permitting process.”
CBS 6 News Richmond WTVR and 1 other article
60% percent
required reduction in backup-generator emissions
Eligible projects receiving priority grid access
“The framework proposes limiting on-site natural-gas generation, closing emissions and Regional Greenhouse Gas Initiative payment loopholes, and prioritizing grid access for data centers that meet specified clean-energy and emissions conditions. Eligible projects would source clean energy five years faster than required by the Virginia Clean Economy Act, reduce backup-generator emissions by 60%, and keep on-site natural-gas generation to a de minimis level.”
Commonwealth of Virginia and 1 other article
more than 600 facilities
data centers already operating or under construction in Virginia
facilities largely outside the primary scope of the proposals
“Many proposals require legislative approval and would apply primarily to new data center applications, rather than the more than 600 facilities already operating or under construction in Virginia.”
Williamsburg Yorktown Daily and 1 other article
34 acres
planned campus area
Plaza 500 campus
“The Plaza 500 campus is planned on 34 acres off Edsall Road in Fairfax County, near Alexandria's western border and the Bren Mar neighborhood.”
Alexandria Brief
100 megawatts
projected electricity demand threshold
from a retail electric utility
“The law applies to a “high energy use facility,” defined as a facility the applicant reasonably anticipates will require at least 100 megawatts of electricity from a retail electric utility.”
Roanoke Rambler
Looking Back
101 Day Timeline
Articles published over time. Hover any bar for the period and its article count.
Jul 5
Jul 21
Aug 8
Aug 24
Sep 9
Sep 27
Oct 13
The Story So Far
No material change
The new article reiterates Executive Order 22’s accountability framework and agency directives; it provides no evidence of a material change in implementation or effects since the prior state.
Previously
Virginia has begun statewide data center oversight through Executive Order 22, which directs agency action on disclosure, environmental impacts, water, noise, and grid costs. Broader proposals would expand local approval and operator obligations, but many measures still require regulations or 2027 legislation. County-level changes are also creating varied approval pathways.
History
10/09/2026
Loudoun and Prince William counties are changing local review processes, introducing varied approval pathways. However, the update still offers little evidence of completed statewide implementation or measurable effects.
All Articles58 articles
Important23 articles · CI Score 60 and above
Hunton Andrews Kurth LLP / Katherine Kulbok, Gregory R. Wall, and Paul T. Nyffeler76
Virginia lawmakers enacted Section 15.2-2209.5 on July 1, 2026, requiring local reviews of qualifying high-energy facilities before certain approvals statewide.
Virginia requires data-center permit applications submitted on or after July 1, 2026 to limit each engine-generator set to Tier 4 equivalent emissions.
7/5/2026 • Permitting & Regulation • General
Mondaq / K. Russell LaMotte, Jessalee L. Landfried, Nicole J. Waxman69
Virginia Governor Abigail Spanberger signed Executive Order 22 on September 18, 2026, establishing a statewide data center accountability framework in Virginia.
On September 18, 2026, Gov. Abigail Spanberger proposed Virginia data-center oversight changes, while Fairfax County's Plaza 500 project continued toward Dominion Energy substation review.
Piedmont Environmental Council is urging Orange County, Virginia, to pause new data center applications before an August 25, 2026, hearing on transmission-focused comprehensive-plan changes.
8/24/2026 • Permitting & Regulation • General
JD Supra / T. Preston Lloyd Jr., Christopher McDonald, Bradley Nowak68
Virginia Governor Abigail Spanberger signed Executive Order 22 on September 18, 2026, establishing new disclosure, assistance, environmental, grid, and community requirements for large data centers statewide.
Virginia Gov. Abigail Spanberger announced a data center accountability framework for Virginia on September 22, 2026, proposing stronger local review and environmental oversight.
A regional policy brief sets out 18 options, with milestones extending from 2027 through 2030, to address data-center growth and related constraints in Virginia's 10th congressional district.
9/28/2026 • Power Procurement & Grid • General
Mondaq / David I. Schneider and Madeline Shay Williams62
Virginia Gov. Abigail Spanberger signed Executive Order 22 on September 18, 2026, establishing statewide data center accountability and standardizing review across Virginia.
Virginia Governor Abigail Spanberger signed Executive Order 22 on September 18, 2026, establishing statewide data center accountability measures in Virginia.
Virginia Gov. Abigail Spanberger introduced a data center accountability framework ahead of the January legislative session to tighten project review and assign operators more infrastructure costs across Virginia.
Virginia Gov. Abigail Spanberger signed Executive Order 22 on Sept. 18, 2026, introducing statewide data center oversight measures as counties including Loudoun and Prince William tighten local approvals.
Virginia Gov. Abigail Spanberger signed Executive Order 22 Friday in Norfolk, requiring local approval for data centers above 25 megawatts and directing new environmental standards statewide.
Virginia Gov. Abigail Spanberger signed an executive order in Virginia establishing data center accountability measures covering disclosure, noise, backup generation, energy investment, and workforce opportunities.
Virginia Gov. Abigail Spanberger signed an executive order in Virginia on September 18, 2026, proposing local approval, environmental standards, and energy restrictions for future large data centers.
Virginia Gov. Abigail Spanberger signed a statewide data center accountability framework while Loudoun County supervisors advanced a proposed 12-month halt on new projects.
Virginia Gov. Abigail Spanberger introduced a data center regulatory framework and signed Executive Order 22 in Virginia on Friday, targeting permitting, environmental impacts, energy costs, and grid infrastructure.
Virginia Gov. Abigail Spanberger announced the Data Center Accountability Framework in Richmond, requiring stronger local, environmental, and grid oversight for large data centers.
Virginia Gov. Abigail Spanberger signed Executive Order 22 in Virginia to impose local, environmental, and grid-accountability requirements on large data center projects.
9/18/2026 • Permitting & Regulation • General
Venable / Kedrick Whitmore, Matthew J. Allman, Noah B. Klein, Zachary G. Williams61
On September 18 in Virginia, Governor Abigail Spanberger issued Executive Order 22 directing state agencies to strengthen data center oversight and restrict specified state assistance for large-load projects.
Virginia Governor Abigail Spanberger established stricter datacenter oversight statewide, including local approval and environmental controls, after Loudoun County paused certain applications amid national community opposition.
Virginia Gov. Abigail Spanberger proposed data-center transparency and community benefits requirements after a nondisclosed potential project at Wood Haven Tech Park in Roanoke County.
Virginia Governor Abigail Spanberger announced plans in Virginia on Friday to tighten data-center controls, ban nondisclosure agreements for large projects, and encourage renewable backup power.
Virginia Gov. Abigail Spanberger signed Executive Order 22 on Friday, imposing new data center environmental and local approval requirements across Virginia.
Virginia Gov. Abigail Spanberger introduced a data center accountability framework in Richmond that would require local approval, limit subsidies, and impose stronger energy and environmental requirements.
Virginia Governor Abigail Spanberger introduced a framework proposing stricter data center development, environmental, and energy requirements on September 18, 2026, in Virginia.
10/6/2026 • Permitting & Regulation • General
The Piedmont Environmental Council / Julie Bolthouse51
On September 18 in Virginia, Governor Abigail Spanberger issued a data center accountability framework as the Piedmont Environmental Council renewed its call for a statewide development moratorium.
9/30/2026 • Community & Local Opposition • General
Virginia residents and journalists are using FOIA and public meetings to investigate data center proposals and local government decisions across the state.
8/18/2026 • Community & Local Opposition • General
Virginia Gov. Abigail Spanberger's executive order directs the state energy department to identify lower-impact data center sites across Virginia, with findings due by mid-March 2027.
9/24/2026 • Infrastructure & Site Development • General
At the annual Wilder Symposium in Richmond, Doug Wilder and Jim Gilmore criticized Gov. Abigail Spanberger's data-center policies over electricity, water, taxes, and transmission costs.
On September 18, Virginia Governor Abigail Spanberger issued a statewide executive order directing data center cost, environmental, community, and workforce measures in Virginia.
Virginia Gov. Abigail Spanberger signed an executive order establishing data center accountability rules statewide, including transparency requirements, local negotiation support, noise oversight, and backup-generator reviews.
Virginia Governor Abigail Spanberger proposed data center regulations in Richmond covering permitting, water use, environmental impacts, and electricity infrastructure costs.
Virginia Gov. Abigail Spanberger signed an order on Sept. 18 in Virginia establishing transparency measures and environmental protections for data center development.
The Chesapeake Bay Foundation is urging Virginia, Pennsylvania, Maryland, and other Chesapeake-region policymakers to strengthen data center reporting and environmental protections as facility growth reaches 600 sites in 2025.
Senator Mark Warner introduced a federal bill in Richmond, Virginia, to require data center environmental disclosure and tie tax benefits to conservation standards.
Piedmont Environmental Council urged Virginia officials to pause data center development statewide, citing oversight gaps, grid constraints, environmental risks, and community impacts.
Virginia Governor Abigail Spanberger introduced a statewide data-center accountability framework to establish environmental, energy-cost, grid-reliability, and community-benefit requirements for operators.
Virginia Gov. Abigail Spanberger introduced a data-center accountability framework on Sept. 18 that would expand environmental safeguards, local approvals and infrastructure cost responsibility statewide.
Virginia Gov. Abigail Spanberger introduced a data center accountability framework on September 18, 2026, to tighten permitting, environmental standards, and infrastructure cost allocation across Virginia.
On Sept. 18 in Richmond, Virginia Gov. Abigail Spanberger unveiled a framework requiring greater local oversight and environmental accountability for large data centers.
Virginia Gov. Abigail Spanberger announced a data-center accountability framework and signed Executive Order 22 in Richmond to tighten project approvals and allocate more grid costs to large facilities.
Virginia Governor Abigail Spanberger unveiled the Data Center Accountability Framework and issued Executive Order 22 on September 18, 2026, statewide in Virginia, targeting data center transparency, local approvals, utility costs, environmental impacts, and workforce standards.
Virginia Gov. Abigail Spanberger introduced Executive Order 22 in Virginia on Friday to increase data center oversight and create an artificial intelligence task force.
Virginia Governor Abigail Spanberger introduced a data center accountability framework on September 18, 2026, requiring stronger permitting, environmental safeguards, and infrastructure cost responsibility statewide.
Suhas Subramanyam and Mark Warner introduced federal proposals in Virginia to make data centers fund related grid infrastructure and disclose environmental impacts.
Virginia Gov. Abigail Spanberger announced new statewide data center rules requiring stronger local approvals, developer cost commitments and environmental safeguards across Virginia.
Suhas Subramanyam and Mark Warner introduced federal data-center legislation addressing infrastructure costs, siting, environmental impacts, and security for Virginia's expanding industry.
The Virginia Chamber of Commerce warned in Virginia that Governor Abigail Spanberger's proposed data center accountability framework could deter investment by restricting tax benefits, permitting flexibility, and confidential development discussions.
Virginia Gov. Abigail Spanberger's data center accountability framework drew industry support and environmental calls for an approval pause across Virginia.
Virginia Gov. Abigail Spanberger proposed data center regulation changes in Virginia, combining transparency requirements, infrastructure cost recovery, and environmental standards with an executive order on agency agreements and noise rules.
Virginia Governor Abigail Spanberger announced in Richmond a data center reform framework addressing project transparency, energy costs, water consumption, and on-site gas generation.
In September in Virginia, Gov. Abigail Spanberger announced an accountability framework directing agencies to address the community, environmental, affordability, energy, and workforce effects of data center growth.
Virginia Gov. Abigail Spanberger introduced a data center accountability framework in Virginia that would expand community oversight, restrict on-site power, and ban local-government nondisclosure agreements.
Recently, U.S. Representative Suhas Subramanyam and U.S. Senator Mark Warner introduced Virginia-informed legislation requiring states to make data centers pay for dedicated energy infrastructure.
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