No 'Moratorium' Allowed On Data Center Development: Loudoun County

LOUDOUN COUNTY, VA — In the wake of the Loudoun County Board of Supervisors rejecting the Belmont data center application, the county government clarified its role in data center approval.

Loudoun County is home to the world's highest concentration of data centers known as "Data Center Alley," located in Ashburn. According to the county government, residents have been inquiring about data centers due to the large number of current and future data centers.

County supervisors did take action on a proposal for a larger data center than would have been allowed by-right. On Wednesday, supervisors voted 5-4 to deny an application for 2.9 million square feet of data center off Belmont Ridge Road in Ashburn. However, 1.3 million square feet of data center can still be developed by right.

According to the county government, some data centers are allowed by right in specific zoning districts under the county's zoning ordinance. Those applications are not reviewed by the Loudoun County Planning Commission and Board of Supervisors but receive a staff review to check compliance with the ordinance. The county says it must approve these applications if it meets the ordinance requirements.

Data center applications that require approval by the Board of Supervisors include rezoning a district to permit data center development by right, rezoning a property with specific proffers and a concept development plan allowing data center development or a special exception for developing a data center at a specific density. The Belmont proposal had requested rezoning and a special exception for a larger and denser data center campus.

Furthermore, the county says the Board of Supervisors cannot legally impose a moratorium on new data center applications. Under Virginia law, localities must consider each rezoning or special exception application.

Depending on each data center approval, property owners could have "vested rights" protecting them from future zoning ordinance amendments. That means the Board of Supervisors cannot legally alter zoning from prior approvals.

The county is, however, beginning a process to set standards and locations for data center uses. It follows the zoning ordinance update in December that strengthened standards for data centers near residential properties and changed the by-right allowance to a special exception approval for data centers in the office park and planned development-research and development park zoning districts.

Supervisors also directed staff to accelerate a zoning ordinance amendment to end by-right data center locations, as well as accelerate mapping to designate where data centers should and shouldn't be recommended. Those two proposals could go to the Planning Commission in July, while the rest of the process will wrap up in spring or summer 2025.