By Little River Supervisor Laura Tekrony

Many residents have questions about the data center grandfathering resolution that was approved by the Board of Supervisors on March 18, 2025, via a close 5 to 4 decision. I did not vote for the grandfathering resolution and am writing to provide clarification of the facts.

What is the grandfathering resolution?

When the county adopted Data Center Standards and Locations Phase 1, it passed a 3-year grandfathering resolution that permitted pending data center applications to be eligible to continue by-right, through the administrative process, without obtaining a special exception that is now required.

By-right development means the use is permitted under the zoning ordinance without requiring public hearings and discretionary approval from the Board of Supervisors. A special exception means applications that are not grandfathered must go through the legislative review process that involves public hearings and a final vote by the Board.

Data center applications accepted for review before February 12, 2025, were allowed to continue under the old rules if the application met all the qualifying conditions. To qualify, the data center proposal must be more than 500 feet away from homes, be diligently pursued with no substantial modifications, and meet the technical requirements of the grandfathering resolution.

Currently, there are 17 data center applications totaling 33 buildings and 11 million square feet that have a grandfathered status and are in the administrative review process.

In December 2023, the Board adopted another generous 3-year grandfathering resolution with the approval of the Zoning Ordinance Rewrite, giving the data center industry the ability to process applications under the Revised 1993 Zoning Ordinance, which has very limited standards. This grandfathering resolution expires December 2026.

Why should Loudoun retire the grandfathering resolution?

Loudoun has more than its fair share of data center development. As of March 1, 2026, Loudoun County has 233 data centers built or under construction with another 116 in the pipeline. In addition, there are 56 legislative data center applications being processed that will come before the Board for a vote.

Data centers provide good paying jobs and significant revenue. The job opportunities and revenue benefits are not ending in Loudoun anytime soon given the continued growth of the industry.

Is grandfathering required by state law and can it be rescinded?

There is no legal requirement for a generous 3-year grandfathering provision. Vested rights are protected by state law while grandfathering is a policy choice. The Board chose to give away its legislative authority to apply new standards and hold a public hearing by grandfathering. The grandfathering resolution can be legally retired early before it is scheduled to expire in March 2028 so long as the rights for each applicant have not already been vested under state law.

If grandfathering is rescinded, does it prohibit data center development?

Ending the grandfathering resolution would not prohibit data center development. For an application that has no legally vested rights to proceed by-right, it would require the applicant obtain a special exception before the data-center use is approved.

The effect of ending the grandfathering is a change in the approval process, not an automatic prohibition on data center development. If an application has been determined to have vested rights, the developer will not lose those rights if the Board ends the grandfathering resolution.

Would retirement lead to costly lawsuits for taxpayers?

Any threats of litigation by the data center industry need to be backed up by vested rights status. Virginia code protects vested rights not grandfathering provisions. A policy like grandfathering does not mean there is an automatic vested rights claim.

In conclusion, I believe the Board of Supervisors should retire the grandfathering resolution early to give the public a voice in the approval process and protect the health, safety, and quality of life of residents.

Data centers should never have been a by-right use. It is clear to me that the negative impacts of data center development outweigh the benefits where data centers and associated electrical infrastructure encroach near residential neighborhoods, schools, and environmental and historic resources.

Since taking office in 2024, I have not voted for one data center application. It is time to end 25 years of catering to the industry at the expense of the community.

A legal opinion on the retirement of the grandfathering resolution will be provided by the County Attorney at the October 6 th Board of Supervisors Business Meeting.

Public input is encouraged and starts at 6 p.m. in the board room of the Government Center.