Virginia · Data center compliance
Virginia data center compliance guide: federal, state and local requirements
Virginia now regulates data centers more tightly than at any point in its history. The 2026 General Assembly passed new siting, water-reporting and cost-allocation laws, and Executive Order 22 (signed September 18, 2026) added state-level restrictions on projects of 25 MW or more.
Updated
Serving Loudoun County, Fairfax County, Prince William County and Spotsylvania, Caroline & exurban counties in Virginia.
At a glance
Virginia data center rules at a glance
25 MW+
Projects cut off from state site-selection help under Executive Order 22, which also bars state-agency NDAs
$0.011/kWh
New electricity tax on data centers in the 2026–2028 budget, sunsetting June 30, 2028
July 1, 2026
Generator air permits filed on or after this date need Tier 4-equivalent limits (HB 507)
Jan. 1, 2027
Eastern Virginia cooling-water rule applies to new air permits
Key takeaways for Virginia data center projects
- Virginia data centers answer to Virginia DEQ (air, water and, under EO 22, noise), the State Corporation Commission (rates and cost allocation), Virginia Energy, and county zoning and building officials.
- Loudoun and Fairfax no longer approve most new data centers by right, and Prince William follows on Dec. 21, 2026; expect a special exception, special use permit or rezoning.
- SB 94 / HB 153 requires a site assessment for high-energy-use facilities before rezoning, and HB 496 / SB 553 require utilities to report data center water use.
- The 2027 General Assembly (convening Jan. 13) is expected to try to codify EO 22, including ending by-right approval over 25 MW, and moratorium bills are already filed.
Recent and pending laws
What’s changed for Virginia data centers
The rules moving fastest right now. Each entry shows its status and the dates to watch.
Date: Nov. 4, 2026
DEQ generator rule (9VAC5-50, Article 7)
Implements HB 507: per-generator Tier 4-equivalent emission limits for data center air permits
Status: Effective Nov. 4, 2026
Date: July 31, 2026
SCC transmission cost order
Directs Dominion to file a policy making large loads pay for direct-connect substations and lines
Status: Dominion policy filing due
Date: 2027 session
SB 843 and other moratorium bills
SB 843 would halt data center permit approvals statewide from July 2027 to July 2030
Status: Prefiled
Date: Sept. 18, 2026
Executive Order 22
NDA ban, no VEDP site help for 25 MW+, cooling-water scarcity area, DEQ noise and generator rules, VA-LEAD rating
Status: In effect
Date: June 30, 2026
2026–2028 budget (HB 30)
$0.011/kWh electricity tax; sales tax exemption kept; cooling-water rules; SCC data collection
Status: Law
Date: June 18, 2026
FERC large-load orders
PJM must justify or reform large-load interconnection rules
Status: Filings pending
Date: 2026 session
HB 507
Tier 4-equivalent limits for generator permits filed July 1, 2026 or later
Status: Signed (2026 Acts, c. 397)
Date: 2026 session
SB 94 / HB 153
Site assessment for high-energy-use facilities before rezoning
Status: Signed
Date: 2026 session
HB 496 / SB 553
Utility reporting of data center water use
Status: Signed
Who regulates what
Four layers of oversight on every Virginia project
A compliant Virginia data center has to clear federal rules, state agency permits, local approvals and utility requirements at the same time.
Federal
- U.S. EPA (air, water, SPCC, EPCRA)
- U.S. Army Corps of Engineers
- OSHA
- FAA
- FERC / NERC
State
- Virginia DEQ
- State Corporation Commission (SCC)
- Virginia Energy / Office of the Chief Energy Officer
- Dept. of Taxation and VEDP
- Dept. of Housing & Community Development
Local
- County and city planning, zoning and building officials
Utility & grid
- Dominion Energy
- Appalachian Power
- Electric co-ops
- Local water and sewer authorities
Lifecycle
Virginia requirements from site selection to decommissioning
01
Site selection
Run the SB 94 site assessment, confirm whether the parcel still allows data centers by right, and check whether it falls in DEQ's Eastern Virginia cooling-water scarcity area.
02
Permitting & construction
DEQ air permits for generator fleets (Tier 4-equivalent for applications from July 1, 2026), VPDES construction stormwater, the Virginia USBC and Statewide Fire Prevention Code, and local noise studies.
03
Operations
Generator run-hour limits and recordkeeping, utility water-use reporting, the $0.011/kWh electricity tax, SCC tariff terms and any local noise monitoring conditions.
04
Decommissioning
Close fuel tanks, surrender or amend air permits, handle batteries and electronics as regulated waste, and meet site-restoration conditions in the local approval.
On your jobsite
What this means on your jobsite
Site selection
In Virginia, the parcel decides as much as the design does. Check the ground, the zoning path and the cooling-water rules before you close.
Soils and rock
Parts of Loudoun County sit on diabase soils with high shrink-swell clays and perched water, and the county’s geotechnical engineer reviews development on karst and other problem soils.
You'll need: geotechnical data and early testing to confirm the design assumptions
Environmental history
Lenders and buyers will expect a Phase I environmental site assessment before acquisition, and a Phase II if it flags concerns.
You'll need: an ASTM-based Phase I in the diligence file
Zoning path and site assessment
Loudoun now requires a special exception where data centers were once by right, and Prince William will require a special use permit for most new projects from Dec. 21, 2026. Any facility expected to need 100 MW or more must also submit a site assessment, including a sound study, before a rezoning, special exception or special use permit is approved.
You'll need: a sound profile for homes and schools within 500 feet, plus any water, farmland, park or historic resource review the locality asks for
Cooling water
In the Eastern Virginia Groundwater Management Area, new data centers that file a complete DEQ air permit application after Jan. 1, 2027 must use air cooling, a closed-loop system or 100 percent recycled water or stormwater.
You'll need: a cooling design decision before the air permit is filed
Permitting & construction
Virginia’s newest rules key off the date you file. Get your inspection, testing and generator records lined up before the applications go in.
Special inspections
The Virginia Construction Code adopts IBC Chapter 17 with state amendments: special inspection agencies must meet ASTM E329 and be independent of the contractor doing the work.
You'll need: a statement of special inspections and an approved agency whose daily reports the building official will accept
Welds and structural connections
Structural steel, pipe supports and generator skids need weld inspection and nondestructive testing before they’re covered up.
Construction stormwater
Disturbing an acre or more needs coverage under DEQ’s VPDES construction general permit and a working SWPPP, and Chesapeake Bay localities regulate disturbances as small as 2,500 square feet.
You'll need: documented inspections throughout the build
Generators and fuel
For air permit applications filed on or after July 1, 2026, DEQ cannot issue a permit unless each generator meets Tier 4-equivalent emission limits, and DEQ guidance calls for initial NOx and CO performance tests. Fuel storage adds DEQ tank registration and a federal SPCC plan.
You'll need: generator specifications, emissions controls and tank documentation ready to file
Commissioning before energization
Dominion’s GS-5 rate class for customers of 25 MW or more starts Jan. 1, 2027 with minimum-demand charges, and a July 2026 SCC order would make large loads pay for the direct-connect substations and lines built to serve them once Dominion’s policy is approved.
You'll need: commissioning records and integrated systems test results showing the systems perform as designed
Operations
Once you’re live, compliance becomes a matter of records: who tested what, when, and against which standard.
Electrical maintenance
NFPA 70B is now an enforceable standard with required maintenance intervals and condition assessments for electrical equipment. Insurers and AHJs increasingly ask for the records.
Backup power readiness
NFPA 110 calls for regular generator exercise and load testing. Your DEQ air permit sets per-unit emission limits and operating conditions, so every test run needs to be logged against it.
Cooling and mechanical reliability
Pumps, chillers and CRAH fans fail gradually, and the warning signs show up in vibration data first.
Monitoring you can trust
Environmental and power sensors drive alarms, PUE and the water-use figures your supplier must now report to DEQ under HB 496. Uncalibrated sensors produce numbers you can’t defend.
Decommissioning
The fastest way to lose value at end of life is a site with undocumented contamination or orphaned tanks.
Tank closure
Underground tanks close under DEQ rules with a building permit and a release assessment, and stand-alone aboveground tanks carry DEQ registration and closure requirements.
You'll need: inspection and sampling before the tanks come out
Batteries and hazardous materials
UPS and battery energy storage systems need proper removal, handling and recycling records, as do any EPCRA-reportable chemicals on site.
Exit assessment
A post-operations environmental assessment protects the seller and the next owner.
Key local jurisdictions
Where Virginia rules get local
Zoning, noise, water and moratoria vary county by county. Confirm the current ordinance before you file.
Loudoun County
Special exception now required where data centers were once by-right (adopted March 18, 2025).
Fairfax County
By-right only under size caps; 200 ft residential setback and 1 mile from Metro stations.
Prince William County
Overlay cut back; most new projects need a special use permit from Dec. 21, 2026. Digital Gateway rezonings void.
Spotsylvania, Caroline & exurban counties
Rezoning or conditional use; SB 94 site assessment and local noise limits apply.
How ATS + SGS help
One testing, inspection and certification partner for the whole build
Construction & code compliance
Materials testing, special inspections and nondestructive testing so your Virginia build passes inspection the first time.
Electrical, fire & commissioning
Electrical and fire protection testing, generator and UPS verification, and commissioning support before go-live.
Environmental & due diligence
Environmental compliance support, technical due diligence for investors and insurers, and ESG assurance.
FAQ
Virginia data center compliance questions
A Virginia data center typically needs a DEQ air permit for its backup generators (Tier 4-equivalent limits for applications filed on or after July 1, 2026), VPDES construction stormwater coverage, local zoning approval (a special exception, special use permit or rezoning in Loudoun, Fairfax and Prince William for most new projects), and building and fire permits under the Virginia Uniform Statewide Building Code. Projects expected to need 100 MW or more also need an SB 94 site assessment before rezoning.
At the state level, Virginia data centers deal mainly with Virginia DEQ; State Corporation Commission (SCC); Virginia Energy / Office of the Chief Energy Officer; Dept. of Taxation and VEDP; Dept. of Housing & Community Development. Local approvals come from County and city planning, zoning and building officials, and interconnection and service terms come from Dominion Energy, Appalachian Power, Electric co-ops, Local water and sewer authorities.
Executive Order 22 (Sept. 18, 2026) barred state agencies from data center NDAs, ended state site-selection help for projects of 25 MW or more, and directed DEQ to set noise, generator and cooling-water rules. The 2026–2028 budget added a $0.011/kWh electricity tax, and the General Assembly passed HB 507 (Tier 4-equivalent generators), SB 94 (site assessments for 100 MW+ facilities) and HB 496 / SB 553 (water-use reporting).
Virginia has no statewide moratorium, but moratorium bills are lining up for the 2027 session, led by SB 843, which would halt permit approvals from July 2027 to July 2030. Meanwhile the three largest Northern Virginia counties have moved away from by-right approval, and the 2027 General Assembly is expected to try to end by-right approval for projects over 25 MW statewide.
Yes. The 2026–2028 budget kept Virginia's data center sales and use tax exemption, but paired it with a new $0.011/kWh electricity tax that sunsets June 30, 2028. Confirm current investment and job thresholds with VEDP before relying on the exemption.
Every U.S. data center must meet EPA Clean Air Act rules for stationary engines (NSPS Subparts IIII and JJJJ, NESHAP Subpart ZZZZ), Clean Water Act stormwater and wetlands requirements (including U.S. Army Corps Section 404 permits), SPCC plans for diesel storage over the federal threshold, EPCRA Tier II chemical reporting, OSHA construction and electrical safety standards, and FAA notice for tall structures and cranes. FERC and NERC rules shape large-load grid interconnection.
This page summarizes Virginia data center requirements as of October 12, 2026 for general information. It is not legal advice. Confirm current requirements with the relevant agency or counsel before filing.
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Other states
Data center compliance guides by state
Virginia
No statewide moratorium, but rules are tightening: EO 22 cuts state help for 25 MW+ projects, Tier 4-equivalent generators are now required, and moratorium bills are filed for 2027.