Henrico supervisors require provisional use permits, tighten rules for data centers

Henrico County supervisors on June 10 approved an amended alternative package that changes how new data centers will be permitted in the county: rather than allowing stand‑alone data centers to be built “by right” in many industrial and business zones, new stand‑alone facilities will generally require a provisional use permit (PUP) so the project goes through the Planning Commission and the Board of Supervisors for public hearings and conditions.

The action came after the board voted to deny an earlier proposal from May (identified in the record as Resolution 123‑25 and Ordinance 124‑25) and then adopt the alternate comprehensive‑plan and ordinance package (Resolution 142‑25 and Ordinance 143‑25) as amended on the floor. The board approved the alternate approach with two amendments the board adopted during the meeting: (1) a recommended setback of 500 feet from residential lot lines (moved from 200 feet in the draft guidance), and (2) new, clarified limits on generator operations and testing plus a path for alternative cooling systems to be approved through the PUP process.

Why it matters: the change shifts many future, stand‑alone data‑center proposals from administrative review to a public, discretionary process. That allows the county and residents to consider site‑specific conditions—setbacks, screening, noise and generator testing schedules, water‑cooling systems and other mitigation—before a data center is confirmed at a location.

What the board adopted and why - The board denied the May proposal (Res. 123‑25 and Ord. 124‑25), which would have created an overlay and allowed by‑right development inside parts of White Oak Tech Park while tightening rules elsewhere. - The board approved the alternate package (Res. 142‑25 and Ord. 143‑25) that removes the proposed overlay and requires a PUP for new stand‑alone data centers countywide unless a property already has an approved/vested entitlement. The alternate package also incorporated detailed guidelines on setbacks, screening, generator testing, water cooling, lighting, and other design matters.

Key amendments adopted in the meeting - Residential setback: supervisors amended the comprehensive‑plan guidance to recommend that any data‑center building be located at least 500 feet from the lot line of an adjacent residentially zoned property. The board approved this change as an amendment to Resolution 142‑25. - Generators and testing: the board amended the zoning ordinance language so that “Generators for a data center must not be operated other than during emergency power outages and for testing and maintenance. Testing and maintenance of generators for a data center must be conducted only Monday through Friday between 10 a.m. and 4 p.m.” That language was added to Ordinance 143‑25 as an amendment and adopted. - Cooling systems: the ordinance was amended to state that a data center must be served by public water and sewer and that any water cooling must use a closed‑loop or recycled‑water system unless another cooling system is approved as part of the PUP for that project. That gives staff, Planning Commission and the board a path to approve alternative cooling technology at project review.

What supervisors and staff said - County planning staff (presenter: Joe Emerson, staff member) walked the board through the two packages: the May proposal (overlay focused on White Oak Tech Park) and the alternate (countywide PUP requirement). Staff explained the effect of a PUP: public hearings before Planning Commission and the Board, and the ability to place site‑specific conditions. - County attorney (Andrew Newby) explained vesting and grandfathering differences and said the county would issue vesting letters where required and that the board could choose to grandfather uses by separate action. - Supervisor Reverend Nelson (mover on key votes) urged a higher baseline setback and pressed for the generator language; Supervisor Rountree sponsored the generator amendment language; other supervisors discussed the balance between economic development and community impacts. - Developers and community members spoke during the lengthy public comment period. David Wagner, a local industrial/development representative, said his company would increase setbacks for its project and pledged to work with neighbors. Residents and community groups pushed for larger buffers, lighting controls, noise limits, and better public engagement.

Process and next steps - The PUP requirement means that future new, stand‑alone data‑center projects (not accessory facilities on existing campuses) will require a discretionary public review process (Planning Commission hearing and final Board decision). - County staff and the county attorney will issue vesting letters for properties with prior approvals as appropriate and will continue outreach. The board indicated it will use PUPs to apply conditions—on setbacks, screening, generator testing, and other site‑specific mitigation—when a project appears.

Votes at the meeting (high level) - Denial: Resolution 123‑25 (original May proposal) — motion to deny carried. - Denial: Ordinance 124‑25 (original May ordinance) — motion to deny carried. - Approval: Resolution 142‑25 (alternate comp‑plan approach) as amended — motion carried. - Approval: Ordinance 143‑25 (alternate zoning ordinance) as amended — motion carried.

What the adoption does not do - The action does not itself approve any specific data‑center project. It changes county policy and the zoning framework that will apply to new stand‑alone data centers going forward.

Community reaction and implementation - Supporters of the changes said the PUP process restores public input and allows site‑specific mitigation. Developers told the board they will continue to negotiate additional mitigation where warranted. Several residents asked the board to consider still stricter standards (larger acreage limits in the tech park, stronger lighting and air‑quality requirements), and the board indicated staff will continue outreach and that additional design criteria can be applied through the PUP process.

This decision is likely to change the pace and locations of new stand‑alone data centers in Henrico County by requiring public and elected‑body review for most new projects outside existing vested campuses.