Carroll County, Virginia, supervisors pass emergency ordinance to regulate data centers

The Carroll County Board of Supervisors in Virginia held a special meeting on September 14 to discuss and ultimately pass an emergency ordinance aimed at regulating hyperscale data centers. The ordinance, which was adopted by a 5-1 vote with Supervisor Jody Early dissenting, will be in effect for 60 days, allowing time for potential modifications before permanent adoption.

The emergency ordinance addresses numerous public concerns, including excessive noise pollution, water consumption, power use, traffic disruptions, and air/water pollution. Key restrictions include mandatory closed-loop cooling systems, prohibitions on groundwater as a primary cooling source, and requirements for engineering analyses, decommissioning bonds, and developer payment for utility upgrades and rate increases. Noise limits were set at 70 decibels during the day and 60 decibels at night, with violations carrying misdemeanor penalties.

While Supervisor Greg Horton moved to adopt the emergency ordinance, Supervisor Jody Early argued against it, calling it "eyewash" that lacks the regulatory power of a comprehensive zoning ordinance. Chairman Joey Dickson maintained that while the county does not have traditional zoning, the emergency ordinance, which will be incorporated into the county's Comprehensive Plan, provides guidelines for data centers and allows the county to reject projects that don't conform. However, the enforceability of these regulations in Virginia, a "By Right" state, was acknowledged as potentially subject to legal challenges.