Henrico supervisors vote unanimously to require individual approval of future hyperscale data center proposals

Following a month of consideration and discussion, Henrico County now will require that all hyperscale data center projects proposed in the county be individually reviewed and approved in order to take shape – regardless of where they are proposed to be located.

The Henrico Board of Supervisors voted unanimously June 10 to approve new regulations requiring that such data center proposals go through the provisional use permitting process, which subjects them to public hearings and review by the Henrico Planning Commission and the board of supervisors.

The vote puts an end to developers’ ability to build large data centers in certain zoning classifications on a ‘by-right’ basis (on land where they were permitted without any governmental oversight beyond the standards of the applicable zoning).

Most of the data centers built in the last decade in Henrico didn’t require rezoning and as a result didn’t need separate county approval, Varina District Supervisor Tyrone Nelson noted. Supervisors did, however, approve a rezoning case in May 2024 to permit the construction of potentially a dozen or so hyperscale data centers on 622 acres in Sandston along Williamsburg Road (adjacent to the intersection of I-295 and I-64 and the existing White Oak Technology Park site) on what is now being called White Oak Technology Park 2.

Henrico Planning Director Joe Emerson indicated that the provisional use requirement only applies to proposals that are solely large data centers but won’t impact commercial facilities and offices that have their own smaller onsite data centers.

Additionally, Henrico also will require data centers to use cooling systems that recycle water or otherwise reduce water use, lessening the burden on the county’s water supply.

The board also approved new data center design guidelines, including wider setbacks and buffers from residential property, wing walls around generators, limiting testing of gas-powered generators to between 10 a.m. and 4 p.m., and a requirement that generators face away from residential property.

Several supervisors further emphasized that they could require more than what the guidelines contain in individual cases.

In addition, the board intends to create a citizen advisory board for data center development based on proposals that county staff will develop.

The approach is a different one than was first proposed several months ago and considered by the board and planning commission during a joint public hearing in Highland Springs in May.

That proposal would have only required a provisional use permit for hyperscale data centers located outside a technology district centered on White Oak Technology Park in Sandston. Emerson, among others, indicated that the new proposal was a response to citizen feedback on the issue, including at the board’s special public hearing on the issue in May.

Nelson added that this “gives citizens two times to speak to each particular case. Which, if we stayed by-right, they wouldn’t have.”

Citizen feedback on this new approach largely was positive, with several speakers specifically praising its during the meeting.

Some citizens also came forward to reiterate concerns mentioned at past planning commission and board meetings about overall data center development in the county, such as light and noise pollution, energy and water use, and the rapid growth of the industry in the county over the last few years.

Nelson apologized to data center developers currently coordinating proposals with the county, saying that there was a miscommunication between the board and the planning department about the appetite for more data center development. He emphasized that new proposals still could be approved if they earn provisional use permits.