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Lawmakers Punt On Stripping Approvals From 15 Projects In Data Center Alley

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A proposal to remove existing approvals from 15 data center projects in the industry’s most important hub stalled Tuesday as Loudoun County lawmakers tabled the measure due to insufficient support.

In a sector already grappling with local opposition that is making projects harder to finance, the prospect of officials canceling existing approvals could be a sign of additional risks to come — particularly in a county that has long served as a canary in the coal mine for the industry's biggest challenges.

Loudoun County, Virginia, is the world’s largest data center hub, with more than 250 such facilities in operation and more than 120 in the development pipeline. Much of the world’s internet traffic passes through the county’s eastern edge, where a dense cluster known as Data Center Alley established the county as the industry's global capital.

This status emerged in part because Loudoun was among the first areas to intentionally court data centers when the sector was still relatively niche, building a political and regulatory environment considered uniquely friendly to the industry’s needs.

That landscape has shifted sharply. In March 2025, the county Board of Supervisors effectively ended by right zoning for new data centers, requiring even projects in industrial areas to undergo legislative review and receive a special exemption from the board. For many projects, the chances of being derailed by local opposition are far higher.

Still, some projects already seeking approval were exempted from review under the old rules. Today, 15 projects totaling roughly 10.5M SF of data center development across 30 buildings are advancing without having to go through the new special exemption process.

But last month, two Loudoun supervisors introduced legislation to revoke the exemption provision for legacy projects. If passed, the bill would effectively strip those 15 projects of their by right zoning approval.

The measure stalled Tuesday after supervisors tabled the discussion without a vote amid little support beyond the bill’s sponsors. The board also tabled another measure introduced by the same lawmakers, framed as a compromise, that would have required an audit of the legacy projects.

Board Vice Chair Mike Turner was among the measure’s opponents, despite voting against the initial legacy resolution in 2025. He said canceling it now amounted to pulling the rug out from under developers in bad faith.

“I don't support changing grandfathering. To me, it's just unethical,” he said at Tuesday's meeting. “We set the rules. Businesses made decisions based on those rules. We live by the rules.”

The 15 projects range from just over 100K SF to more than 4M SF and are spread across Loudoun County. The largest is Digital Realty ’s Digital Dulles Phase 3, a seven-building expansion near Dulles International Airport that would bring the existing campus to 7.8M SF. Other prominent projects include BlackChamber Group ’s Tech Park at Dulles and three proposed data centers adjacent to the Washington Commanders ’ practice facility.

Proponents of ending the legacy protections say they are acting on behalf of residents who want to further rein in data center growth. While 15 projects may seem insignificant compared to the scale of development already built in the county, these projects would amount to a major development wave in almost any other U.S. community.

Supervisors Juli E. Briskman and Laura A. TeKrony, who filed the rollback legislation, said in a joint statement that data centers are creating sprawl and unsightly infrastructure that have brought the county to “a breaking point.”

“We owe it to the community,” TeKrony said Tuesday. “It will assure residents that we not only care about data center development but we also care about their health, safety, quality of life and property values.”

But the prospect of rescinding legacy approvals has raised concerns about legal and financial exposure for the county. In a staff report released ahead of Tuesday’s meeting, officials estimated that ending the protections could trigger developer lawsuits and expose the county to as much as $60M in potential liability, a figure county administrators cautioned may be too low.

Several lawmakers pointed to that risk as their main reason for opposing the exemption rollback measure, warning that a wave of litigation could threaten the county’s finances and bond rating.

Some developers have already signaled they would sue if the rules change. Nick Albu, a land use attorney representing Chuck Kuhn ’s JK Land Holdings, wrote to the board Monday that its estimate “grossly understates the damage claims the county will face.”

“In the event of unlawful action by the board, the owner of JK Data Center Applications will pursue rights and remedies to the full extent of the law,” the letter says.

The staff report also highlights the risk that rolling back legacy exemptions poses to the county’s reputation in the business community, not just data center developers.

Companies make long-term investment decisions based on predictable rules and government commitments, the report says, and “reversing an established process undermines confidence in our word.”

That loss of trust could ultimately weaken Loudoun’s competitiveness and complicate its efforts to diversify its economy beyond data centers, the report warns.

“Continued success and diversification of the business sector is dependant on preserving that trust and confidence to attract new businesses,” it says.

Yet even with no changes enacted Tuesday, Loudoun County's reputation in the data center sector as friendly territory for developers has eroded over the past year as lawmakers have pursued increasingly aggressive limits on the industry’s growth.

Just last month, the Board of Supervisors voted to prepare a resolution that would halt consideration of data center applications for up to 12 months. The move could establish a road map for other localities to work around a legal doctrine in Virginia that effectively doesn’t allow for moratoriums.

While Loudoun County carries outsized importance for the data center sector due to the scale of the industry’s footprint there, the area has also been a bellwether for challenges facing the sector amid its unprecedented building boom.

Loudoun County was the first area to experience power constraints that delayed projects, previewing the grid bottlenecks that now shape the geography of the industry’s growth across the U.S. Meanwhile, neighboring Prince William County is considered ground zero for the wave of backlash derailing billions of dollars worth of data center projects nationwide, while regulatory measures pursued in the Virginia Capitol are now increasingly appearing in other states.

Should the county ultimately prove willing to walk back its legacy exemption provisions in any way, it could set off alarm bells far from Data Center Alley.

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