Carroll County VA emergency data center ordinance (2026)

Carroll County, VA — Board of Supervisors Passes 60-Day Emergency Ordinance Regulating Hyperscale Data Centers (Closed-Loop Cooling, Decommissioning Bond, Ratepayer Protection, Noise Limits) (September 14, 2026)
Carroll County, VA · Carroll County, Va. — Emergency ordinance to regulate hyperscale data centers (adopted Sept. 14, 2026, 60 days)

Status
In effect
Took effect
September 14, 2026
Applies to
Owners/developers of hyperscale data centers in Carroll County
Enforced by
Carroll County Board of Supervisors

At a called meeting on September 14, 2026, the Carroll County Board of Supervisors voted 5-1 to adopt an emergency ordinance regulating hyperscale data centers, in effect for 60 days. It requires closed-loop cooling and bars groundwater as the primary cooling source, requires engineering analyses of water use and decommissioning costs, requires a surety bond for decommissioning, and says data center owners must pay for utility rate increases and utility upgrades tied to their facilities. It sets noise limits of 70 decibels by day and 60 at night at adjacent property, with misdemeanor penalties. The chairman said the county plans to modify it and adopt it permanently, and the board asked its planning commission to fold data center rules into the Comprehensive Plan. Carroll County has no zoning, and the dissenting supervisor argued the ordinance is unenforceable without a zoning ordinance.

Who is protected: Carroll County residents, neighboring property owners and utility ratepayers

Legal detail

Adopted 5-1 at a called meeting Monday 2026-09-14 after a 50-minute closed session; motion by Supervisor Greg Horton; Supervisor Jody Early voted no. Term: 'in effect for 60 days' per The Carroll News — expires_date 2026-11-13 is computed from that stated 60-day term counted from 2026-09-14. Provisions: closed-loop cooling required; groundwater may not be the primary cooling source; engineering analyses of water usage and decommissioning cost; surety bond for decommissioning/site restoration; owners pay utility rate increases and associated utility upgrades; noise cap 70 dB (6 a.m.-6 p.m.) and 60 dB (6 p.m.-6 a.m.) measured at any adjacent owner's property; violation is a Class 3 misdemeanor (fine up to $500), second offense Class 1 misdemeanor (up to 12 months jail and/or $2,500). Second motion (Vice Chair Tracy Moore, unanimous): planning commission to consider Comprehensive Plan amendments on data centers. Context: on 2026-09-07 five of six supervisors voted to cancel plans for a county zoning ordinance. Enforceability contested (Early: 'It has no teeth'; county attorney reportedly advised a comprehensive zoning ordinance is required). NOT ESTABLISHED: ordinance number; official text.

Key facts

JurisdictionCarroll County, VA
LevelCounty
StrengthModerate
EnactedSeptember 14, 2026
CitationCarroll County, Va. — Emergency ordinance to regulate hyperscale data centers (adopted Sept. 14, 2026, 60 days)
Private right of actionNo, agency enforcement only
PenaltiesNoise violations: Class 3 misdemeanor (up to $500); repeat: Class 1 misdemeanor (up to 12 months and/or $2,500)
Topicsdata-center siting and energy · consumer protection
News reportSupervisors pass emergency ordinance to regulate data centers at 'called' meeting of Monday Sept. 14 — The Carroll News

Related data-center siting and energy rules elsewhere

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