Column: What Hampton Roads should write into data center rules
Multiple localities in the Hampton Roads region of Virginia, including Chesapeake, Virginia Beach, and Suffolk, have enacted moratoriums or ended by-right data center development due to public opposition. A columnist proposes that these localities should mandate data centers to utilize their waste heat for community benefits, such as powering local farms, as part of conditional-use permits. This suggestion aligns with a recently passed Virginia state law exploring waste heat utilization.
In a significant move for data center regulation in Virginia, the Chesapeake City Council voted unanimously to end by-right data center development, following the rejection of a substantial 350,000-square-foot proposal that drew considerable public opposition. Concurrently, Virginia Beach imposed a 12-month moratorium to establish new rules from scratch, mirroring actions already taken by Suffolk and Amherst County further west. These actions reflect a regional shift towards reevaluating data center development, despite the substantial tax revenues, such as the $1.2 billion Loudoun County collected this year.
Andrew Potter, founder and CEO of Intelligent Harvest, argues in a guest column that the focus for these Hampton Roads localities should now shift from merely preventing data center construction to dictating the terms of their operation. Potter emphasizes that data centers are essentially furnaces, expelling vast amounts of waste heat, much of which could be repurposed. He proposes that conditional-use permits should require data centers to utilize this waste heat, for example, by channeling warm water to power community greenhouses or fish farms.
Potter suggests a specific requirement for permits: at least 15% of the data center's waste heat should be covenanted to the host community, which could sustain local food production and directly benefit nearby residents. He points to Virginia House Bill 323, a state law passed earlier this spring that directs the state to explore data center waste heat utilization, as a precedent. While the state's recommendations are due in September and legislative action in 2027, Potter urges Chesapeake, Virginia Beach, and Suffolk to proactively incorporate this requirement into their local ordinances now, viewing the conditional-use permit as a direct contractual tool.
He concludes by challenging the local councils and planning staff to write a simple, yet impactful, question into their new codes: "Where does the heat go, and what share of what it produces goes to the people who live within 500 feet?" According to Potter, the answer to this question will reveal a developer's commitment to being a good neighbor, making future decisions on data center applications much clearer.