Frederick County Considers Data Center Restrictions Amid Election and Public Opposition
Frederick County, Virginia, is grappling with significant data center development challenges as the Board of Supervisors considers an ordinance amendment to remove data centers as permitted uses across all zoning districts. This regulatory change, along with two specific data center applications, will be voted on amidst strong public opposition and an upcoming special election where data center policy is a key issue. Chairman John Jewell, facing an anti-data center activist in the election, acknowledges the potential for litigation if the amendment passes.
Frederick County Board of Supervisors Chairman John Jewell is running in a special election on November 3 to retain his position. He faces independent candidate and anti-data center activist Alexander Ritter, making data center development a dominant issue in county politics.
The county is currently reviewing two data center applications: Winchester Gateway, a 71.85-acre campus with three buildings in Kernstown, and Virginia Technology Park, a 220-acre campus with 10 buildings in Clear Brook. Both projects were unanimously recommended for denial by the Frederick County Planning Commission, and the supervisors are scheduled to vote on the Winchester Gateway application on September 23.
Amid a groundswell of public opposition, Chairman Jewell initiated a proposal for the board to "take a pause" on data center development. This led county staff to draft an ordinance amendment to remove data centers as permitted or conditional uses from all county zoning districts and to eliminate the definition of data centers from the ordinance. This amendment, which was recommended for approval by the Planning Commission, will also be voted on by the supervisors on September 23. If approved, Frederick County would be the first locality in Virginia to remove data centers from its ordinance. While the board intends to grandfather existing applications to prevent litigation, Jewell admits the amendment could still lead to legal challenges.
Further complicating matters, Vice Chair Bob Wells has advocated for a one- or two-year moratorium on data centers, though other supervisors, including Jewell, have refrained from publicly stating their positions ahead of the votes. The board also reinforces its opposition to the proposed Valley North Transmission Project, a 260-mile, 765-kilovolt overhead power line that could pass through Frederick County, Virginia, citing concerns about its route.