Chesapeake VA data center zoning ordinance (2026)
Chesapeake, Virginia — Data Center Zoning Ordinance Requiring a Conditional Use Permit Citywide, Confining Data Centers to Industrial Districts and Mandating Public Water and Electricity Connections (August 18, 2026)
Chesapeake, VA · City of Chesapeake, Va. — Data Center Zoning Ordinance (adopted August 18, 2026); 8-month application pause (adopted July 21, 2026)
- Status
- In effect
- Took effect
- August 18, 2026
- Applies to
- Data center developers and operators siting facilities anywhere in Chesapeake, who must obtain a Conditional Use Permit outside CoVAC, site within M-1/M-2 or CoVAC, disclose utility, water and cooling details, and connect to public water and electricity
- Enforced by
- City of Chesapeake Department of Planning / Chesapeake City Council (Conditional Use Permit review)
Chesapeake City Council voted 9-0 on August 18, 2026 to adopt a data center zoning ordinance, after months of debate and public comment in which the large majority of nearly forty speakers opposed data centers on noise, environmental and quality-of-life grounds. Under the ordinance, a data center anywhere in Chesapeake needs a Conditional Use Permit — meaning a developer must seek special approval rather than build by right — with one exception: the Coastal Virginia Commerce Park, where data centers remain permitted by right. Data centers are otherwise confined to the Industrial M-1 and M-2 districts. Applicants must submit detailed information about utility connections, water usage and cooling systems; must connect to public water and electricity rather than drawing their own; and must meet fire code and noise mitigation standards. Councilwoman Amanda Newins moved the amendment that shaped the final version, closing by-right loopholes and addressing groundwater use. This is a permanent zoning framework, and it sits alongside a separate temporary measure: on July 21, 2026 the Council imposed an eight-month pause on considering data center applications so it could gather public input and research the industry, and the city is running a public survey from September 1 to October 30, 2026. Chesapeake and neighboring Virginia Beach acted in the same week by different means — Chesapeake through zoning, Virginia Beach through a 12-month moratorium.
Who is protected: Chesapeake residents, particularly neighborhoods adjacent to industrial districts, and the city's groundwater and public utility systems
Legal detail
City of Chesapeake, Va. — data center zoning ordinance adopted by City Council 9-0 on August 18, 2026. OPERATIVE STRUCTURE: (1) data centers require a Conditional Use Permit citywide, EXCEPT within the Coastal Virginia Commerce Park (CoVAC), where they remain permitted by-right; (2) permitted zoning districts limited to Industrial M-1 and M-2, plus CoVAC; (3) application submittal requirements covering utility connections, water usage and cooling systems; (4) mandatory connection to public water and public electricity systems; (5) fire code compliance and noise mitigation requirements. AMENDMENT HISTORY: Councilwoman Amanda Newins moved an amendment removing an exception that would have allowed data centers in the Fentress Overlay district, closing by-right loopholes, restricting groundwater use and preserving further discussion during the application pause; the amended ordinance carried unanimously. COMPANION TEMPORARY MEASURE: on July 21, 2026 Council imposed an 8-month pause on considering data center applications, which remains in force; a public survey runs September 1 – October 30, 2026. PROCEDURAL HISTORY: the Chesapeake Planning Commission recommended approval of the data center policy on July 9, 2026 and separately recommended against a Great Bridge data center proposal. REGIONAL CONTEXT: adopted the same day Virginia Beach enacted a 12-month application moratorium (Virginia Beach 12-month data center moratorium (2026)) — the two Hampton Roads cities chose different instruments for the same problem.
Key facts
| Jurisdiction | Chesapeake, VA |
|---|---|
| Level | City / local |
| Strength | Moderate |
| Enacted | August 18, 2026 |
| Citation | City of Chesapeake, Va. — Data Center Zoning Ordinance (adopted August 18, 2026); 8-month application pause (adopted July 21, 2026) |
| Private right of action | No, agency enforcement only |
| Penalties | Data centers may not be established outside the permitted districts or without a Conditional Use Permit where one is required |
| Topics | data-center siting and energy · consumer protection · government use of AI · AI disclosure and transparency |
| Agency page | Data Center Ordinance and Policy — City of Chesapeake, VA |
Related data-center siting and energy rules elsewhere
- Superior WI Data Center Moratorium (1-year) · In effect
- Dane County WI Hyperscale Data Center Moratorium · In effect
- Madison WI Data Center Moratorium (1-year) · In effect
- Manitowoc County WI Data Center Moratorium · In effect
- WA SB 5982 (Data Center / Clean Energy) · In effect
- Dayton OH data center moratorium (180-day, Apr 2026) · In effect
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