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Articles by Tracy Baynard
Virginia Data Centers’ Fast-Changing Landscape — What Developers Need to Know
Key Takeaways Executive Order 22 bans nondisclosure agreements on data center deals, targets noise and emissions, and designates Eastern Virginia a cooling-water-scarcity area. Loudoun County is expected to pause new data center and certain substation approvals for up to 12 months and potentially remove grandfathering provisions for data centers, while Prince William County moved to end by-right development almost entirely.
State and Federal Legislative Wave Reshaping Data Center Industry: What Developers Should Know
September 8, 2026 Tracy Baynard, Margaret Cotter Rockwell, Ford Graham, Christopher Lloyd, Robert Loftin, Gregory Riegle, Zachary Smith McGuireWoods LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: Data center developers, investors and energy providers currently face a wave of political opposition against the industry. Recent polls show 70% of Americans now oppose AI data center construction in their communities.
Maine’s Near-Miss on Data Center Moratorium Is Wake-Up Call to Industry
Maine’s legislature passed the nation’s first statewide moratorium on large data centers, which the governor subsequently vetoed. However, the state’s legislative willingness to enact such a pause should command the full attention of every developer and operator in the market. The moratorium cleared both chambers, demonstrating that statehouse sentiment shifted decisively toward restricting high-load facility growth.
Virginia Executive Order No. 3 Aims to Speed Up Housing Approvals | JD Supra
Virginia Gov. Abigail Spanberger’s Executive Order No. 3, signed Jan. 17, 2026, and effective immediately, launches a statewide push to lower housing costs by speeding residential approvals through multi-agency streamlining, predictable timelines and stronger coordination between state and local agencies. The immediate takeaway for residential developers is clear: While statutes have not yet changed, the Commonwealth is creating near-term pathways to faster, more predictable permitting.
Federal Real Property Presents Opportunity for Private Sector Developers | JD Supra
The Office of Management and Budget approved recommendations in May 2025 for the consolidation and disposition of 11 federal properties encompassing nearly 7.1 million gross square feet of office space in eight U.S. cities. That action was in response to the Public Buildings Reform Board’s (PBRB’s) second round of recommendations for federal property consolidation and disposition.
Loudoun County Eliminates By-Right Use for Data Centers, Increasing Development Hurdles | JD Supra
At its March 18, 2025, business meeting, the Loudoun County Board of Supervisors voted 7-2 to approve a Zoning Ordinance amendment making data centers a special exception use in zoning districts in which they were previously a by-right use. By-right applications are approved administratively through the county’s site plan process, whereas special exceptions require a legislative process involving staff review and public hearings before the Planning Commission and the Board of Supervisors.
2025 Data Center Policy Report | JD Supra
March 26, 2025 To embed, copy and paste the code into your website or blog: House Bill 1601/Senate Bill 1449 – Requires Virginia localities to have any application for a rezoning, special exception, or special use permit from a High Energy Use Facility (HEUF) (which is defined as a facility that will require 100 megawatts or more of electrical power from an electric utility providing retail service) to take the following actions... Please see full publication below for more information.
Virginia Legislative Session Concludes on Positive Note for Data Center Industry
Legislation Adopted by the 2025 General Assembly Subject to review and approval by Governor Youngkin by March 24, 2025. Unless delayed or vetoed, these actions will take effect July 1, 2025.
Virginia’s Data Center Industry: A Look Back for Insight on Future Legislation | JD Supra
Understanding the history of data centers in Virginia provides insight into how the General Assembly may manage the industry going forward, says McGuireWoods Consulting senior vice president Preston Bryant in an article published in the University of Richmond School of Law’s Public Interest Law Review. Bryant provides a history of the data center industry’s growth in Virginia and analyzes the industry’s impacts on the commonwealth’s economy, energy demand, natural resources and local land use.
Virginia Finalizes Review of Data Center Industry, Offering Guidance for 2025 | JD Supra
The Virginia Joint Legislative Audit and Review Commission (JLARC) released its report on data centers in Virginia on Dec. 9, 2024. During the 2024 Virginia General Assembly session, numerous bills were put forward that could negatively impact the data center industry. Most of those bills and related regulatory questions were referred to the JLARC for further study. JLARC kicked off its study in May 2024, and interviewed numerous stakeholders to craft its report on the industry.
Fairfax County Board Adopts Data Center Zoning Changes | JD Supra
On Sept. 10, 2024, the Fairfax County, Virginia Board of Supervisors approved a zoning ordinance amendment that creates new restrictions for data centers. The amended ordinance permits by-right data center development in certain districts. However, in practice, the amendment requires a special exception approved by the Board of Supervisors for almost all data centers within the county.
Fairfax County Board Adopts Data Center Zoning Changes
On Sept. 10, 2024, the Fairfax County, Virginia Board of Supervisors approved a zoning ordinance amendment that creates new restrictions for data centers. The amended ordinance permits by-right data center development in certain districts. However, in practice, the amendment requires a special exception approved by the Board of Supervisors for almost all data centers within the county.
Demand for Data Center Projects Remains High Across Virginia With Varying Levels of Regulation | JD Supra
Demand for data center development opportunities remains at unprecedented levels across Virginia. But how the industry is regulated by Virginia’s diverse cities and counties is not uniform. In Northern Virginia, high data center demand combined with a diminishing supply of suitable sites has added complexity and uncertainty to the site acquisition and land use approvals process.
Demand for Data Center Projects Remains High Across Virginia With Varying Levels of Regulation
Demand for data center development opportunities remains at unprecedented levels across Virginia. But how the industry is regulated by Virginia’s diverse cities and counties is not uniform. In Northern Virginia, high data center demand combined with a diminishing supply of suitable sites has added complexity and uncertainty to the site acquisition and land use approvals process.
Loudoun County, Va., Moves to Restrict Data Center Development | JD Supra
Loudoun County, Va., joins a growing number of northern Virginia jurisdictions taking affirmative steps to restrict data center development. As the first part of a two-phase process, the board of supervisors voted to advance amendments to the zoning ordinance and comprehensive plan that would effectively eliminate by-right zoning for data centers.
Loudoun County, Va., Moves to Restrict Data Center Development
Loudoun County, Va., joins a growing number of northern Virginia jurisdictions taking affirmative steps to restrict data center development. As the first part of a two-phase process, the board of supervisors voted to advance amendments to the zoning ordinance and comprehensive plan that would effectively eliminate by-right zoning for data centers.
Fairfax County, Virginia, to Prepare Data Center-Related Amendments to Zoning Ordinance • McGuireWoods | JD Supra
On March 19, 2024, the Fairfax County Board of Supervisors directed Department of Planning and Development staff to update the county zoning ordinance with additional regulatory guidance for data center development. It is anticipated that the new regulations will require special exception approval for all data centers. The directive was issued due to increased interest in the development of data centers in the county and throughout the region.
Prince William County Launches Comprehensive Plan Amendment | JD Supra
Prince William County in Virginia has launched a Comprehensive Plan Amendment (CPAM) initiative to incorporate recommendations from the Community Energy and Sustainability Master Plan into its comprehensive plan. The CPAM initiative, approved on May 14, 2024, aims to enhance sustainability and resilience throughout the county. Key Objectives 1.
Prince William County Launches Comprehensive Plan Amendment
Prince William County in Virginia has launched a Comprehensive Plan Amendment (CPAM) initiative to incorporate recommendations from the Community Energy and Sustainability Master Plan into its comprehensive plan. The CPAM initiative, approved on May 14, 2024, aims to enhance sustainability and resilience throughout the county. Key Objectives 1.
With JLARC Study, Virginia Continues Review of Data Center Industry | JD Supra
On May 21, 2024, the Virginia Joint Legislative Audit and Review Commission (JLARC) held an initial public discussion to consider opportunities, issues and the evolution of possible incentives and regulations pertaining to the data center industry in Virginia. Portions of presentation materials from the meeting can be viewed here.
Fairfax County, Virginia, Posts Draft Zoning Ordinance Amendments for Data Centers | JD Supra
Fairfax County, Virginia, recently released draft zoning ordinance text amendments to provide new regulations for data centers within the county. A link to the draft zoning ordinance amendments may be found here. The draft amendments include various options, but in most cases make data centers a special exception use in all zoning districts. Additionally, the county’s draft amendments focus on noise control, architectural guidelines, aesthetics, screening and increased setbacks.
Exercise testing unmasks exaggerated blood pressure independent of fibrinolytic response in Black but not White postmenopausal females
Although hypertension throughout the lifespan is more prevalent in Black than in White females, this racial disparity is exacerbated following menopause (1, 2). Hypertension insults the endothelium reducing its fibrinolytic potential and perpetuating prothrombotic states potentially contributing to higher risk of myocardial infarction, stroke, and cardiovascular mortality in Black postmenopausal females (3, 4).
Fairfax County, Virginia, to Prepare Data Center-Related Amendments to Zoning Ordinance | JD Supra
On March 19, 2024, the Fairfax County Board of Supervisors directed Department of Planning and Development staff to update the county zoning ordinance with additional regulatory guidance for data center development. It is anticipated that the new regulations will require special exception approval for all data centers. The directive was issued due to increased interest in the development of data centers in the county and throughout the region.
Fairfax County, Virginia, to Prepare Data Center-Related Amendments to Zoning Ordinance
On March 19, 2024, the Fairfax County Board of Supervisors directed Department of Planning and Development staff to update the county zoning ordinance with additional regulatory guidance for data center development. It is anticipated that the new regulations will require special exception approval for all data centers. The directive was issued due to increased interest in the development of data centers in the county and throughout the region.
Data Center Industry Sees Increased State-Level Legislative Efforts in Virginia | JD Supra
Over the past year, local governments in Northern Virginia — including Fairfax County, Fauquier County, Caroline County and Spotsylvania County — have taken steps to enact, or begin the process of enacting, new and generally increasing levels of land use and zoning regulations for the data center industry.
Data Center Industry Sees Increased State-Level Legislative Efforts in Virginia
Over the past year, local governments in Northern Virginia — including Fairfax County, Fauquier County, Caroline County and Spotsylvania County — have taken steps to enact, or begin the process of enacting, new and generally increasing levels of land use and zoning regulations for the data center industry.
Fairfax County, Virginia, Releases Updated Data Center Recommendations
Fairfax County, Virginia, recently released updated recommendations for data center development in the county, including potential changes to the comprehensive plan and zoning ordinance standards for data center development. The recommendations would require special exceptions for all data centers in the C-3, C-4, and I-2 through I-6 zoning districts.
Fairfax County, Virginia, Releases Updated Data Center Recommendations | JD Supra
Fairfax County, Virginia, recently released updated recommendations for data center development in the county, including potential changes to the comprehensive plan and zoning ordinance standards for data center development. The recommendations would require special exceptions for all data centers in the C-3, C-4, and I-2 through I-6 zoning districts.
Fauquier County, Virginia, Sets New Guidelines for Data Centers | JD Supra
The Fauquier County Board of Supervisors adopted guidelines to control new data center developments on Dec. 14, 2023. The policy is the product of collaboration between the county’s planning staff and a committee that met in fall 2023. The policy addresses project siting, design, utilities and public engagement.
Habitual exercise in youth: A ʻbrainyʼ idea
The impact of exercise training on cerebrovascular health is a hot topic, with an increasing focus on preventing and delaying neurodegenerative diseases. Yet, there is a paucity of information regarding the effect of habitual exercise on cerebrovascular function, particularly in children and adolescents. This age range is often under-represented in research but can offer important insight concerning the trajectory of health.
Central Virginia Data Center Update
The growing demand for data center space in Virginia increasingly has led the industry to locations outside northern Virginia. As a result, many central Virginia jurisdictions recently revised their planning and zoning guidance to address where and how data centers may be approved and how potential architecture, noise and environmental concerns are to be addressed. On Oct.
Central Virginia Data Center Update | JD Supra
The growing demand for data center space in Virginia increasingly has led the industry to locations outside northern Virginia. As a result, many central Virginia jurisdictions recently revised their planning and zoning guidance to address where and how data centers may be approved and how potential architecture, noise and environmental concerns are to be addressed. On Oct.
Fairfax County, Virginia, Launches Discussions of Data Center Changes | JD Supra
October 20, 2023 Scott Adams, Tracy Baynard, Gregory Riegle McGuireWoods LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: Like many Virginia jurisdictions, Fairfax County is reevaluating how it regulates data centers. As part of the zMOD readoption, the Board of Supervisors authorized an evaluation of Fairfax County’s comprehensive plan and zoning ordinance data center provisions. On Oct.
Spotsylvania County, Virginia, Also Addresses Development And Regulation Of Data Centers
On July 11, 2023, the Spotsylvania County Board of Supervisors approved amendments to the county's comprehensive plan to incorporate long-term planning goals for data center uses. The new amendments include language that prioritizes data center development within the Primary Development Boundary and provide "data-centric" land-use policies geared toward access to public water and sewer outside the county's development boundary.
Spotsylvania County, Virginia, Also Addresses Development and Regulation of Data Centers | JD Supra
On July 11, 2023, the Spotsylvania County Board of Supervisors approved amendments to the county’s comprehensive plan to incorporate long-term planning goals for data center uses. The new amendments include language that prioritizes data center development within the Primary Development Boundary and provide “data-centric” land-use policies geared toward access to public water and sewer outside the county’s development boundary.
Fairfax County Anticipates Proposing Data Center Changes by End of 2023 | JD Supra
As highlighted in McGuireWoods’ May 10, 2023, alert, Fairfax County is undertaking a review of its data center regulations. On July 18, 2023, the Fairfax County Land Use Policy Committee added data centers to the FY 2024 Zoning Ordinance Work Program. Planning staff will prepare a report with findings and recommendations regarding any potential environmental issues, mitigation and industry advances, and locational guidelines and potential approval processes for the new location of data centers.
Fairfax County Anticipates Proposing Data Center Changes by End of 2023
As highlighted in McGuireWoods’ May 10, 2023, alert, Fairfax County is undertaking a review of its data center regulations. On July 18, 2023, the Fairfax County Land Use Policy Committee added data centers to the FY 2024 Zoning Ordinance Work Program. Planning staff will prepare a report with findings and recommendations regarding any potential environmental issues, mitigation and industry advances, and locational guidelines and potential approval processes for the new location of data centers.
Virginia State Code Changes Impact Public Hearing Timing
Changes are coming to Fairfax and Loudoun counties' public hearing processes after state-level changes to notice requirements became effective on July 1, 2023. The changes impact land use cases when the planning commission or governing body defers its decision from the originally scheduled public hearing. These "deferrals for decision" are commonplace in many northern Virginia jurisdictions, including Fairfax and Loudoun counties.
Virginia State Code Changes Impact Public Hearing Timing | JD Supra
Changes are coming to Fairfax and Loudoun counties’ public hearing processes after state-level changes to notice requirements became effective on July 1, 2023. The changes impact land use cases when the planning commission or governing body defers its decision from the originally scheduled public hearing. These “deferrals for decision” are commonplace in many northern Virginia jurisdictions, including Fairfax and Loudoun counties.
Loudoun County, Virginia, Board Decides To Begin CPAM And Map Updates
On June 20, 2023, the Loudoun County Board of Supervisors voted 5-4 to allocate $90,000 and to direct staff to start the process to amend the comprehensive plan and maps to reflect direction from earlier this year related to: designating new areas where data centers are and are not allowed, updating the comprehensive plan map to reflect that, and developing policies and text necessary for implementation.
Loudoun County, Virginia, Board Decides to Begin CPAM and Map Updates | JD Supra
On June 20, 2023, the Loudoun County Board of Supervisors voted 5-4 to allocate $90,000 and to direct staff to start the process to amend the comprehensive plan and maps to reflect direction from earlier this year related to: designating new areas where data centers are and are not allowed, updating the comprehensive plan map to reflect that, and developing policies and text necessary for implementation.
Fairfax County, Virginia, Authorizes Study of Data Center Regulations | JD Supra
As part of Fairfax County’s re-adoption of zMod, the Fairfax County Board of Supervisors authorized a study of its data center regulations. The authorization responds to citizen comments regarding environmental impacts and by-right approvals in heavy industrial districts. The board directed its staff to report back on the data center study by the end of 2023. For details, see the full text of the Board of Supervisors’ motion.
Virginia DEQ Withdraws Proposed Rule Allowing Extended Backup Generator Use | JD Supra
On April 12, 2023, the Virginia Department of Environmental Quality (DEQ) announced it has officially withdrawn a proposal for a variance to a state law regarding the use of diesel generators as backup power for data centers on an extended basis in certain jurisdictions. The proposal already had been amended to apply only to eastern Loudoun County. Details about the withdrawal are available on the DEQ website. For background, see McGuireWoods’ previous alerts on this issue, published Feb.
Virginia Supreme Court Invalidates Fairfax County, Virginia, Zoning Ordinance | JD Supra
On March 23, 2023, the Supreme Court of Virginia invalidated the Fairfax County, Virginia, Zoning Ordinance commonly known as z-Mod. The Fairfax County Board of Supervisors adopted z-Mod in March 2021, but the state Supreme Court has now found that the adoption of z-Mod in a virtual meeting did not satisfy Virginia open meeting laws. Based on the Supreme Court’s decision, the Zoning Ordinance in effect immediately prior to z-Mod is now the governing Zoning Ordinance.
Virginia DEQ Revises Proposed Backup Generator Rule to Apply Only to Loudoun County | JD Supra
The Virginia Department of Environmental Quality (DEQ) modified its original proposed rules designed to handle potential stress of the electric grid during the spring and summer months. This proposed backup generator rule originally applied to Loudoun, Prince William and Fairfax counties. The new proposal would subject only Loudoun County to DEQ local variance considerations for data centers.
Loudoun County, Virginia, Board Revises Data Center Policies and Regulations | JD Supra
November 30, 2022 Scott Adams, Sheri Akin, Tracy Baynard, Gregory Riegle McGuireWoods LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: At its business meeting on Sept. 20, 2022, the Loudoun County Board moved forward with staff directives to amend Zoning Ordinance and Comprehensive Plan language to change regulations and policies affecting data center development throughout Loudoun County, Virginia.
Safety of maximal cardiopulmonary exercise testing in individuals with sickle cell disease: a systematic review
Kellsey N Smith1, Tracy Baynard2, Peter S Fischbach3, Jane S Hankins4, Lewis L Hsu5, Peggy M Murphy1, Kiri K Ness6, Shlomit Radom-Aizik7, Amy Tang8, http://orcid.org/0000-0003-2057-3749Robert I Liem1 1 Division of Hematology, Oncology & Stem Cell Transplant, Ann and Robert H Lurie Children's Hospital of Chicago, Chicago, Illinois, USA 2 Integrative Physiology Laboratory, University of Illinois at Chicago, Chicago, Illinois, USA 3 Sibley Heart Center, Children's Healthcare of Atlanta, Atlanta,...
Virginia Resets Data Center Equipment Assessments, Tax Changes on Horizon | JD Supra
The commonwealth of Virginia plans to reset how data center equipment, fixtures and supporting supplies are taxed throughout the state. Given that Northern Virginia, also known as Data Center Alley, is home to the largest collection of data centers in the United States, and around the world, this policy change will have an impact on data center organizations operating in Virginia, as well as tax revenues for local municipalities.
Data Centers Still Critical in 2022 for Infrastructure, Environmental and Policy Developments | JD Supra
As 2022 unfolds, data centers continue to be a critical component of forward progress for tech-related cloud services, 5G, construction, infrastructure, real estate, energy and other industries, while also trying to incorporate the environmental, social and governance laws and policies that impact many industries.
Loudoun County Virginia Proposes Major Changes Data Center Development | JD Supra
Loudoun County staff and the Loudoun County Economic Development Authority will present recommendations to significantly alter how data centers are developed in the county. The presentation, scheduled for the Transportation and Land Use Committee (TLUC) meeting on Feb. 16, 2022, arises from the recently released Loudoun County Data Center Land Study.
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