Rappahannock County Residents Petition for Data Center Zoning Regulations
More than 200 Rappahannock County residents have petitioned local officials to adopt new zoning rules to block data center development, despite county officials asserting that current ordinances already prohibit such facilities. The petition seeks to add definitions for "data center" and "high-energy-use facility" and impose specific restrictions on lot size, water usage, and environmental impact assessments. This has sparked a debate among county leaders and legal experts regarding the efficacy and legal defensibility of new, detailed regulations versus maintaining the existing implicit prohibition.
Over 200 residents of Rappahannock County, Virginia, have signed a petition urging the Planning Commission and Board of Supervisors to enact new zoning regulations aimed at preventing data center construction within the county. Attorney David Konick, representing the concerned volunteers, submitted the petition which calls for defining "data center" and "high-energy-use facility" in the county code, alongside implementing specific restrictions.
County Administrator Garrey Curry, however, has countered that Rappahannock's existing zoning ordinance already prohibits data centers by not listing them as a permitted use. He cautioned against creating detailed regulations, arguing it could inadvertently make it harder for the county to deny future applications and withstand legal challenges. The Piedmont Environmental Council (PEC) echoed this sentiment, with Sarah Parmelee noting that new ordinances might be easier for future boards to undo or could attract state legislative attention, which generally supports data center growth.
Despite official skepticism, the petition proposes substantial requirements including minimum lot sizes, setbacks, screening standards, and comprehensive site plan reviews addressing potential impacts on groundwater, agricultural land, Shenandoah National Park, and historic sites. It also mandates hydrogeologic studies, limits backup generator noise, and requires data centers to maintain water impoundment reservoirs capable of supplying 150% of projected cooling-water needs. Konick argued that relying solely on an uncodified "exclusionary zoning" approach is legally unsound in Virginia, referencing precedents deeming such bans arbitrary.