Board approves phased grandfathering rules for in-process data center applications, directs staff to return with final language

The Loudoun County Board of Supervisors on March 4 directed staff to draft a set of grandfathering resolutions and a zoning-text amendment intended to manage more than 40 data-center applications already in the county’s review pipeline.

The board’s action followed a staff presentation that said 41 data-center applications were currently under review — 20 legislative applications and 21 administrative applications — and recommended a narrow set of grandfathering measures so in-process projects could proceed under the regulations in effect when they were accepted for review. Staff also proposed a footnote to table 3.02.05.1 of the zoning ordinance to permit “minor changes” to approved data-center site plans without requiring a new special exception.

Why it matters: Loudoun has the largest cluster of data centers in the United States and the industry accounts for major county revenue. Residents and environmental groups urged stricter oversight, citing noise, air and water impacts and community impacts adjacent to schools and residential neighborhoods. The board spent significant time weighing legal limits, fairness to applicants, and residents’ calls for more transparency.

Staff presentation and options Abdul Jaffrey, project manager, summarized the staff analysis and the two-part proposal: (1) draft grandfathering resolutions for applications accepted on or before Feb. 12, 2025; and (2) an amendment to the zoning ordinance to allow limited site-plan modifications for data centers without triggering a special-exception process. Jaffrey told the board the proposal would allow minor site adjustments similar to those allowed under section 10.11.h of the zoning ordinance.

Board action and motions The board considered four related motions directing staff to return on March 18 with final draft language. The motions covered (1) administrative applications accepted on or before Feb. 12, 2025; (2) legislative applications accepted on or before that date; (3) the definition of what constitutes a “substantial modification”; and (4) confirming that legislative approvals issued after Dec. 13, 2023 include an approved special exception for data-center use. Each motion passed and the board directed staff to prepare final resolutions and ordinance language for the March 18 business meeting.

Public comment and concerns Dozens of residents and several civic and environmental groups spoke during the public-input period. Julie Bolthouse of the Piedmont Environmental Council urged the board not to “tie your hands behind your back voluntarily” by grandfathering applicants in a way that would limit local review. Trinity Mills of Loudoun Wildlife Conservancy urged that grandfathering reduce transparency and the ability to mitigate ecological impacts.

Julie Bolthouse: "Please don't tie your hands behind your back voluntarily and adopt the CPAM, ZOAM for data centers without grandfathering."

Chris Tandy, a resident, argued the industry had created an energy demand crisis that was causing projects to use on-site generation.

What the board directed staff to do - Draft a resolution to grandfather administrative applications accepted on or before Feb. 12, 2025, subject to conditions (staff was directed to return language to the March 18 meeting). - Draft a resolution to grandfather legislative applications accepted on or before Feb. 12, 2025, provided applications are diligently pursued to approval with no substantial modifications. - Return with clarified language about what constitutes a “substantial modification,” including changes that add or change proposed uses or increase the land area subject to application. - Return with language making clear that legislative applications approved after Dec. 13, 2023 include an approved special exception for data-center use.

What remains unresolved The board debated potential alternate grandfathering dates and whether to exclude the Route 28 tax district, and heard legal and fairness arguments from multiple supervisors. Staff will bring finalized draft resolutions and the proposed table-footnote amendment back to the board for adoption on March 18.

Provenance: Staff presented the scope and draft language for Phase 1 near the end of the meeting; the board voted on the four related motions near the meeting close.

Ending: The board’s March 18 meeting will contain the finalized draft grandfathering resolution(s) and the proposed zoning footnote; board members and community groups said they expect further debate ahead of final adoption.