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.

  1. 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

  2. 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

  3. 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

  4. 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

  5. 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

  6. Date: June 18, 2026

    FERC large-load orders

    PJM must justify or reform large-load interconnection rules

    Status: Filings pending

  7. Date: 2026 session

    HB 507

    Tier 4-equivalent limits for generator permits filed July 1, 2026 or later

    Status: Signed (2026 Acts, c. 397)

  8. Date: 2026 session

    SB 94 / HB 153

    Site assessment for high-energy-use facilities before rezoning

    Status: Signed

  9. 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

  1. 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.

  2. 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.

  3. 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.

  4. 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

  1. 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

  2. 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

  3. Operations

    Once you’re live, compliance becomes a matter of records: who tested what, when, and against which standard.

  4. 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.

    • Code compliance
    • NDT inspection
  • Electrical, fire & commissioning

    Electrical and fire protection testing, generator and UPS verification, and commissioning support before go-live.

    • Fire & electrical
    • Commissioning
  • Environmental & due diligence

    Environmental compliance support, technical due diligence for investors and insurers, and ESG assurance.

    • Technical due diligence
    • 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.

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.