Loudoun Supervisors Seek Legal Opinion on Ending Grandfathered Data Center Protections
Loudoun County supervisors are seeking a legal opinion on whether they can stop 'grandfathered' protections for 18.4 million square feet of data center development. This move would require new data center applications, previously approved administratively, to go before the board for specific approval. The supervisors are concerned about an oversaturation of data centers and the potential for lawsuits.
The Loudoun County Board of Supervisors is exploring the legal feasibility of ending "grandfathered" protections for an estimated 18.4 million square feet of data center development. Supervisors Phyllis J. Randall, Michael Turner, Laura A. TeKrony, and Juli E. Briskman are at the forefront of this initiative, which aims to bring all new data center applications before the board for specific approval, a departure from the previous administrative review process.
The original protections, enacted in March 2025, allowed applications submitted by February 12, 2025, to proceed under older, less stringent zoning regulations. This decision was a response to growing resident concerns about the rapid proliferation of data centers. Supervisors TeKrony and Briskman are strong proponents of ending these protections, citing the need for greater citizen involvement and addressing the perceived oversaturation of data centers in the county.
County Chair Phyllis J. Randall has asked Attorney Leo Rogers to thoroughly research the legal grounds for ceasing these protections, emphasizing the need to avoid potential lawsuits from developers. Rogers is expected to present his attorney-client advice, which may be made public, at an October meeting. Briskman expressed disappointment that a resolution was not prepared to immediately follow Rogers' analysis, stressing the importance of swift action if the board is confirmed to have the authority.