A new zoning ordinance in Henry County requires data center companies to go through three public hearing processes and meet an extensive list of application requirements including six different impact studies.
The board of supervisors approved the ordinance unanimously on Tuesday.
As data center development becomes a pertinent topic in rural areas in Virginia, Henry County officials said they want to ensure the county has “ultimate control” if a data center request emerges.
The new zoning ordinance comes after the county went “back to the drawing board” last month after citizens shared their concerns during a well-attended public hearing.
“Staff took back what we heard from 37 people last month and tried to put the most protective measures and make it rigorous for anyone to step in here,” said Jim Adams, the board chairman.
The new ordinance requires a data center to be located in a specific data center district — and there is currently no property zoned that way. An applicant would need to get the land rezoned and a special use permit, both of which would be included in the three public hearings to go before the planning commission, board of supervisors and board of zoning appeals.
Companies or individuals do not have to own the property to get it rezoned to the data center district. They would need to be the contract purchaser, and their purchase would be contingent on receiving the necessary approvals and zoning changes, said Lee Clark, the county’s planning director.
The new ordinance is stricter than other Virginia localities, Clark said. Some localities allow by-right use in industrial zoning areas, which makes it much easier for a data center to enter. The first ordinance aligned with the “common practices” that are occurring in many Virginia localities, Clark said.
The approved ordinance includes:
- Data center district standards:
- Front setback of at least 100 feet from any street.
- Side and rear yards of 1,000 feet when adjoining non-industrial zoning and 500 feet when adjoining industrial zoning.
- Maximum building height of 75 feet from grade. Taller structures would only be allowed with a special use permit from the board of zoning appeals.
- Closed-loop cooling technology only. No evaporative cooling or cooling towers.
- Requirements for applicants:
- Detailed project narrative.
- Comprehensive site plan.
- Impact studies and evaluations: third-party water supply, electrical infrastructure, photometric lighting plan, acoustics, emergency power technology and a decommissioning plan.
- Exterior lighting must be downward-directed, full-cutoff and fully shielded.
- Post-construction requirements:
- Annual noise testing.
- Acoustical study demonstrating compliance with noise standards.
- Emergency response plan, updated every three years.
The board of supervisors “will be the ones to have the ultimate decision-making authority as to whether they decide that a particular piece of property should or shouldn’t be rezoned to that data center district,” said Clark. “It’s as strict as you can get in [that] sense.”
But some residents think the ordinance could be stricter. Aside from a moratorium, residents’ requests include rate payer protection, zero use of public water and an additional requirement for the potential data center company to host a Q&A in front of the board, the citizens and the press. There was no public hearing for the zoning ordinance on Tuesday, so residents expressed their continued concerns during the public comment period after the zoning decision was already made.
Others are still asking for a moratorium on data centers in Henry County, but George Lyle, the county attorney, said it’s “a risky proposition.” It would be hard to defend in court, Lyle said, because the county would have to explain why they won’t accept applications. It doesn’t seem like a fair process, he said.
Residents pointed to other Virginia localities that have approved a moratorium on data centers, such as Virginia Beach and Chesapeake.
“I think the ordinance is enough. I think it’s fair, transparent, rigorous,” Lyle said. “It will protect the community and still allow a fair process to take place.”
The process of adding a data center amendment to the zoning ordinance began at the end of 2025, Clark said. Virginia has become a hub for data center development, so the county wanted to plan ahead, Clark said.
The zoning department “wanted to learn from other areas,” Clark said, so they researched other localities that had data center developments to put together the ordinance.
