Fairfax County wants a say in how Virginia regulates data centers, and the Board of Supervisors voted unanimously on Oct. 27 to make sure that happens.

The board directed county staff to stay in close contact with Gov. Abigail Spanberger's administration as the state refines its data center accountability framework, FFXnow first reported. Staff must report back on their activities within 120 days.

Sully District Supervisor Kathy Smith introduced the directive. She said the county needs to be fully engaged and ensure its needs, challenges and experiences are represented in the statewide discussion.

"It's really important that we have a voice in the process," Smith said.

The vote matters for Reston residents. Hunter Mill District Supervisor Walter Alcorn, who represents the district that includes Reston, said the county may have to adjust its own approach. Depending on what actions the Spanberger administration takes, "we may need to update some of our things," Alcorn said. He did not specify which county rules he had in mind.

Board of Supervisors Chairman Jeff McKay said he was confident in the county's existing regulatory foundation but acknowledged room for improvement, according to FFXnow. Dranesville District Supervisor Jimmy Bierman said the goal is to keep the county in the conversation as state policy evolves. Mason District Supervisor Andres Jimenez said he hopes the state will continue to allow localities to be flexible.

What staff will focus on

The directive asks county staff to concentrate on three areas, according to FFXnow:

  • Evaluating community benefit plans that encourage developers to address local impacts
  • Improving the county's communication with residents on data center projects
  • Coordinating with state agencies and utilities on energy affordability and infrastructure demand

State framework in motion

The board's action follows Spanberger's Executive Order 22, signed Sept. 18. The order bans nondisclosure agreements by state agencies or employees, eliminates "by-right" approvals for projects generating over 25 megawatts of power, and requires data centers to contribute what Spanberger called a more equitable share of electric costs, according to FFXnow's September coverage.

Spanberger is also calling on the General Assembly to write the standards into state law during the 2027 session, which opens Jan. 13.

The vote was unanimous.

Fairfax County officials say they don't use nondisclosure agreements when reviewing submitted data center plans, FFXnow reported.

Local rules already tightened

Fairfax County has its own recent history with data center regulation. Data centers are banned in residential districts. Until September 2024, they needed only administrative approvals in industrial and certain office districts. The board adopted tighter restrictions that year, including size limits and minimum distances from residential properties.

Those new rules did not apply to projects already under review, to the disappointment of data center critics, FFXnow reported.

The 120-day reporting deadline would fall in late February 2027, while the General Assembly is in session.