Subnational jurisdiction · as of 2026-07-24
Virginia's data-center permitting spine runs through county land-use case records: rezonings and special use permits under the zoning enabling statutes, then building permits under the Uniform Statewide Building Code, stormwater coverage under the Virginia Stormwater Management Program, and DEQ air permits for generator fleets, which DEQ publishes in a data-center permit register. Virginia also carries the country's most consequential data-center incentive, the retail sales and use tax exemption for qualifying data-center equipment, which conditions eligibility on capital investment and job thresholds. General Assembly sessions since 2024 have produced studies and bills on data-center siting, noise, and energy impacts; the study directives are complete but no new siting statute is in force as of this review.
6 instruments on record, grouped by the family of approval each one governs.
Who decides whether a data center may occupy a site, and through what approval?
Va. Code 15.2-2286
Applies to both
Authorizes localities to require special use permits and site plan approval; where a district's zoning allows data centers by special exception, this is the enabling authority for that case record.
Source: Va. Code 15.2-2286
Va. Code 15.2-2285
Applies to both
Governs adoption and amendment of local zoning ordinances and maps. Data-center rezonings, including the proffered conditions that often carry the project's public commitments, proceed under this section.
Source: Va. Code 15.2-2285
What codes and permits govern the build itself?
Va. Code 36-97 et seq.
Applies to both
The statewide building code administered by local building officials; the building permit for the structure issues under it.
Source: Va. Code 36-97 et seq.
Va. Code 62.1-44.15:24 et seq.
Applies to both
Land-disturbing activity over program thresholds requires VSMP construction permit coverage, administered by DEQ or a delegated locality.
Source: Va. Code 62.1-44.15:24 et seq.
What permits govern backup generators and ongoing emissions?
Va. Code 10.1-1308; 9VAC5-80
Applies to both
DEQ permits stationary sources under the State Air Pollution Control Board's regulations; data-center generator fleets permit under the new and modified source rules, and DEQ publishes a register of data-center air permits with equipment lists.
Source: Va. Code 10.1-1308; 9VAC5-80
What fiscal agreements attach a data center to its host jurisdiction?
Va. Code 58.1-609.3(18)
Applies to private
Exempts qualifying data-center equipment purchases from retail sales and use tax where the operator meets capital investment and employment thresholds set in the statute. The exemption is Virginia's principal data-center incentive and the eligibility agreements sit with VEDP.
Source: Va. Code 58.1-609.3(18)
Virginia's sequence runs through county land-use case records to DEQ air permits; rezonings and special use permits are the public record spine, and DEQ publishes the data-center air permit register.
| # | Step | Authority level | Legal basis |
|---|---|---|---|
| 1 | Site control (deed or lease) | local | Va. Code 55.1-600 (writings recorded with the circuit court clerk); land-use applications require the owner's authorization |
| 2 | Special use permit / site plan | local | Va. Code 15.2-2286 |
| 3 | Rezoning applies where the site's zoning does not already allow the use |
local | Va. Code 15.2-2285 |
| 4 | Natural gas service applies where the facility uses natural gas |
utility | Serving gas utility tariff |
| 5 | Utility interconnection (PJM queue) | utility | Serving utility tariff; PJM interconnection for transmission-level service |
| 6 | Sewer service commitment | utility | Serving sanitation authority |
| 7 | Water service commitment | utility | Serving water authority |
| 8 | Building permit | local | Virginia Uniform Statewide Building Code |
| 9 | Stormwater (VSMP permit) applies where land disturbance passes permit thresholds |
regulator | Virginia Stormwater Management Program construction permit |
| 10 | DEQ air permit (generators) | regulator | 9VAC5-80 minor new source review |
| 11 | Public agreements and incentives applies where negotiated with the host jurisdiction |
local | Local incentive and siting agreements |
Steps are shown in their typical order; steps at the same stage usually run concurrently, and conditional steps apply only where noted. Per-facility status against this path is tracked on the Virginia record.
Every entry cites the instrument it describes. None of it is legal advice: verify a citation before relying on it. Full sourcing: read the methodology. The rest of the record: all jurisdictions.