HB2026 would require localities, when they next update their comprehensive plans and revise zoning ordinances, to treat data centers as industrial uses for zoning purposes. It directs local governments to review where data centers may be located by right, consider proximity to residential areas, and adjust zoning maps and development standards such as setbacks and building heights to reduce impacts on nearby neighborhoods and other sensitive uses.
The bill also instructs localities to identify suitable areas for data center development, consider zoning changes to limit noisy facilities, require sound modeling, and prohibit constant low-frequency noise from reaching residential areas. In addition, zoning requests from data centers would need to include commitments to sufficiently mitigate negative impacts on nearby residential areas. The measure applies only in localities that already address data centers in their zoning ordinances and are revising those ordinances.
Impact
If enacted, the bill would add a new section to the Code of Virginia and create a zoning framework specifically for data centers under local land-use law. It would not directly regulate data center operations statewide, but it would require affected localities to incorporate industrial zoning treatment and mitigation standards into their zoning ordinances during the next comprehensive plan update cycle. The practical effect would be to shape where data centers can be built, how close they may be to homes, and what noise and site-design conditions may be imposed on developers.
Sentiment
The available legislative history suggests the bill was not advancing strongly at the subcommittee level: on January 23, 2025, the subcommittee voted 8-0 to recommend laying the bill on the table. That vote indicates little support for moving the measure forward in its introduced form. No committee transcript is available, so the recorded vote is the main indicator of sentiment, and it points to a generally unfavorable or at least non-supportive reception among the subcommittee members.
Contention
The central point of contention is the extent of local zoning control over data centers versus the development interests of the industry. The bill would impose detailed requirements on localities to limit noise, protect residential areas, and require mitigation commitments, which may be viewed by some as necessary land-use protections and by others as overly prescriptive or burdensome. The focus on industrial classification, setbacks, sound modeling, and restrictions on low-frequency noise suggests tension between accommodating data center growth and addressing neighborhood impacts.