Issue

End grandfathering for data center applications that have no discretionary approval

Last changed
The ask

The Board of Supervisors should end grandfathered status for pending data center site plans that have not been approved or conditionally approved and have no vested rights, and send them through the special exception process.

What the 2025 resolution did

On March 18, 2025 the Board ended by-right data centers. From then on, a new data center in the Industrial Park, General Industry and Mineral Resource-Heavy Industry districts needs a special exception, with public hearings before the Planning Commission and the Board, and a Board vote.

The same night, the Board voted 5-4 to grandfather applications already in the pipeline. Site plans accepted for review by Feb. 12, 2025 keep moving under the old rules if the data center and its outdoor equipment sit more than 500 feet from homes, the applicant keeps pursuing it, and the plan is not substantially changed. Those projects go through staff review only. No public hearing, no Board vote. The grandfathered period ends Feb. 12, 2028.[1]

The numbers

County staff reported to the Board on Oct. 6, 2026 that 15 grandfathered site plans are still in review: 30 buildings and 10,459,568 square feet. Another 14 grandfathered applications, 25 buildings and about 9 million square feet, were approved or conditionally approved between March 2025 and September 2026. Four lost their status for lack of diligent pursuit.[2]

Staff describe the 15 in review as the ones "directly impacted" if the Board ends the resolution. Each of those 30 buildings will need power, and the substations and lines to deliver it.

What happened on Oct. 6

On Sept. 1, 2026 Supervisors Juli Briskman (Algonkian) and Laura TeKrony (Little River) proposed amending the resolution so it stops applying to pending administrative applications. The Board voted 9-0 to ask the County Attorney for a legal opinion and staff for a public inventory of the applications.[2]

On Oct. 6 staff estimated up to $1 million per case to defend lawsuits, and $45 million to $60 million in potential liability.[2] Supervisors said repeal was not an option. "We can't do that. It's not going to happen," said Supervisor Matt Letourneau (Dulles). Supervisor TeKrony moved for an independent audit of the 15 projects, at up to $200,000, saying "the purpose is to build community trust." Chair Phyllis Randall moved to table it, and a majority agreed.[3] No change was made.

Our position

We take the legal risk seriously. Vested rights are real under Virginia law, and the county should honor them. The Sept. 1 proposal was written with that in mind. It states that "official acceptance of an application for review does not necessarily establish vested rights," and it applies "subject to any vested rights or other legal entitlements that the County must recognize."[5] Ending grandfathering for applications with no approval and no vested right asks those projects to do what every new data center now does: go through a hearing and a vote.

The pause the Board directed on Sept. 15 covers legislative applications only. Grandfathered site plans keep moving, with the substations and lines they will need.

What happens next

The item was tabled with no return date. We will list it here when it comes back.

Across the site

Tagged Grandfathering
UpdatesAll 3 →
Tuesday, Oct. 6: End Data Center GrandfatheringNewsletter · Oct 5, 2026GOLDEN Board of Supervisors Vote TONIGHT!Newsletter · Sep 1, 2026Tonight: Vantage Data Center Town Hall. Next Week: Town Hall with the Lt. Governor. Much More.Newsletter · Aug 24, 2026
CoverageAll 35 →
Lawmakers Punt On Stripping Approvals From 15 Projects In Data Center AlleyBisnow · Oct 7, 2026Effort to Audit Loudoun Data Centers Dies During Board MeetingLoudoun Now · Oct 7, 2026Loudoun County Board of Supervisors tables discussion on data center grandfatheringLoudoun Times-Mirror · Oct 7, 2026
Grandfathered data center site plans still in reviewData as of Oct 6, 2026The 2025 data center grandfathering resolutionData as of Mar 18, 2025
TrackerAll 1 →
AWS on the former GW campus (Bridgefield Tech Center)Active · Data center

Sources

  1. [1]Resolution Adopting Grandfathering Rules for ZOAM-2024-0001, Data Center Standards and Locations, Phase 1. Loudoun County Board of Supervisors. Mar 18, 2025.
  2. [2]Item 10.a, Response to Board Member Initiative: Amendment to the 2025 Data Center Grandfathering Resolution (Information Item). Loudoun County. Oct 6, 2026.
  3. [3]Loudoun supervisors don't rollback data center grandfathering law, shelve $200,000 audit of grandfathered projects. WUSA9. Oct 7, 2026.
  4. [4]Loudoun County leaders table debate over data center approvals after warning about potential litigation cost. FOX 5 DC. Oct 6, 2026.
  5. [5]Item 14.h, Board Member Initiative: Amendment to the 2025 Data Center Grandfathering Resolution. Loudoun County. Sep 1, 2026.
Latest update on Grandfathering
Tuesday, Oct. 6: End Data Center GrandfatheringNewsletter · Oct 5, 2026Read the Update →