Nelson’s Proposed Data Center Rules: What They Cover and What to Consider
- Erin Palmquist
- 4 days ago
- 3 min read
Nelson County is updating its Zoning and Subdivision Ordinance, and the current Public Review Draft includes specific standards for data centers.
No commercial data center has been publicly proposed for Nelson. That gives the County an opportunity many Virginia communities did not have: to set expectations now for how a proposal would be considered if one does arise.
This review looks specifically at the data center provisions in Nelson County’s August 19, 2026 Public Review Draft of the Zoning & Subdivision Ordinance. The ordinance is still under review and may change before adoption.
Should Data Centers Be an Allowed Use at All?
The draft identifies data centers as a new use, allowed only by special exception in the M-2 Industrial District. The draft itself asks the County to consider whether it wishes to include this use.
That raises a question that comes before the specific protections: Should Nelson create a pathway for data center development at all? One option is to establish strong standards and require individual review of any proposal. Another is to leave data centers out of the ordinance as an allowed use.
What the Proposed Rules Would Do
Under the August 19 draft, a data center would be allowed only by special exception in the M-2 Industrial District. That means a proposal would require public review rather than being automatically permitted simply because the property has the appropriate zoning.
The draft also establishes several significant protections:
Water: Data centers would be required to use air-based cooling and could not establish wells for their operations. Applicants would have to estimate water use and demonstrate that the project would not negatively affect public water and sewer capacity, including during drought conditions.
Power infrastructure: A data center would have to locate on or immediately adjacent to existing transmission infrastructure, and new off-site transmission lines could not be built specifically to serve it. Applicants would also have to identify required substations and anticipated transmission voltage.
Noise: Pre- and post-construction noise studies could be required near homes and public parks, with mitigation required if County noise limits are exceeded.
Scenic and rural character: Certain projects would require a viewshed analysis and 3-D simulations. The draft also includes substantial setbacks, landscaping and screening requirements for buildings and mechanical equipment.
Public review: Because data centers would require a special exception, the County could impose additional project-specific conditions beyond these minimum standards.
Questions to Consider
The draft addresses many concerns that have emerged around data centers elsewhere in Virginia. As the ordinance moves toward adoption, residents may still want to consider:
Scale: Should additional requirements apply to exceptionally large projects based on acreage, building size or electricity demand?
Onsite generation: Should the rules distinguish between emergency backup generators and natural-gas or other generation intended to operate more regularly?
Wastewater: Should applicants be required to disclose expected wastewater volumes, contents and disposal methods?
Noise: Should standards specifically address persistent tonal or low-frequency noise in addition to overall sound levels?
Decommissioning: Should projects be required to have a plan - and financial assurance - for removing equipment and restoring the property if a facility closes?
Transparency and public participation: The special exception process would provide an opportunity for public input, but should the County also require information to be shared earlier and consider broader ways to inform and involve residents beyond those who typically attend public hearings? Should there also be protections addressing confidentiality agreements or other limits on public disclosure?
Not every issue necessarily needs its own ordinance provision. Nelson’s proposed special-exception process would allow some concerns to be addressed when an individual project is reviewed.
The larger question is which protections should be guaranteed before a proposal arrives, rather than negotiated afterward.
Why This Matters Now
Nelson has something many communities did not have when data center proposals arrived: time.
The August 19 draft already addresses water, transmission infrastructure, noise, visual impacts and public review. But there is also a more fundamental decision to make: whether data centers should be established as an allowed use in Nelson at all.
If the County decides they should, the remaining discussion does not have to be about whether Nelson is simply “for” or “against” data centers. It can focus on a more practical question: what information and protections should Nelson require before deciding whether that particular project belongs here?
The public survey on the draft closed August 26, but opportunities to provide feedback remain as the ordinance moves through the review process.
What you can do
Submit comments by email: dbishop@nelsoncounty.org
Leave a comment through the online form or sign up for updates comments are anonymous
Follow the ordinance process for updates and attend upcoming public hearings.
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