Data Center Policy: Save the date - Planning Commission, Wednesday, July 8, 7 pm - regarding Data Centers in Chesapeake. On the Planning Commission agenda will be a proposed Data Center policy and ordinance to allow data centers by Conditional Use in Chesapeake. The June 17th drafts raised multiple concerns included opening up the Fentress overlay to data center development, permitted noise levels, setback distances from residential properties, plans for decommissioning defunct data centers, and efficiency standards. Actions you can take:
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In this edition ● Data Center Ordinance and Policy ● Chesapeake Sustainability Network ● Millstone Battery Energy Storage System ● State Budget ● Planning Commission ● City Council ● Green Drinks ● Action Alerts ● Volunteer Opportunities ● In the News | |||||||||
Topics of Interest
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Working together to create a "green" city that provides a high quality of life and a healthy and livable environment with clean air, clean water, ecologically vibrant green spaces, and climate resiliency for all.
July Newsletter
In this edition ● Data Center Ordinance and Policy ● Chesapeake Sustainability Network ● Millstone Battery Energy Storage System ● State Budget ● Planning Commission ● City Council ● Green Drinks ● Action Alerts ● Volunteer Opportunities ● In the News
- Attend the public hearing and address the Planning Commission in person on Wednesday, July 8, 7 pm at City Hall to share your concerns. Persons wishing to speak will need to fill out a speaker card, located at the entrance of the Council Chambers, and submit it to the Recording Secretary of the Commission prior to the 7 p.m. opening of the meeting. Let us know you are planning to speak.
- Submit written comments no later than July 8, 2026, by 12:00 p.m. These can be submitted via the Electronic Comment Form found on https://www.cityofchesapeake.net/3783/Data-Center-Ordinance-and-Policy
- Sign on to our letter to the Planning Commission
- Creates an energy consumption tax for data centers at $.011 per kilowatt-hour used. The total revenue raised is capped at $600 million per year. This new tax on data centers is approved for the next two years.
- Directs the Department of Environmental Quality (DEQ) to study the groundwater impacts of non-closed loop data centers. DEQ will locate “cooling water scarcity areas” where the use of potable water for computer cooling systems could be detrimental to surrounding areas’ water quality and availability and create regulations for the scarcity areas by July 2027.
- Directs DEQ to put in place noise abatement regulations for data centers before the end of 2029. The department will determine the lowest possible noise level for data centers and make it the standard starting in 2030. After that date, facilities that violate the noise standard will face a fine of $32,500 per day.
- Directs that 45% of the funds earned through the Regional Greenhouse Gas Initiative be used for rebates back to electricity rate payers. The balance of the fund would continue to be used for community flood preparedness projects and low-income energy efficiency projects, as per the original intent.
- Funds $43.5M for the Stormwater Local Assistance Fund (SLAF) and $4M for the Virginia Conservation Assistance Program (VCAP)
- Reduces funding for Virginia Trees for Clean Water by 87% to $500,000. Funds Department of Forestry Water Quality Grants at $500,000. Also the budget did not include funding to support the two Virginia Department of Forestry staff members who lead the Urban and Community Forestry Program.
Virginia legislators advance $205 billion budget including new tax on data centers - Virginia Mercury
Historic Clean Water Funding Marks A Major Step Forward While Critical Gaps Remain - James River Association
Some agenda items of interest for the Planning Commission on June 10 include:
- PLN-REZ-2025-021 in Western Branch at the western terminus of Woodland Drive, builds Low Density Residential - 22 lots, minimum 8000 sq. ft. The current tree canopy covers about 10.5 acres; the potential tree canopy loss is 7 acres. Continued from the June 10th meeting.
- PLN-USE-2025-009 in South Norfolk at 2651 S. Military Highway, along the waterfront. Requests a conditional use permit to utilize the site for concrete crushing and recycling, and a request to allow a height exception for 170-foot-tall silos and tanks. Parcel is 46 acres, including 20 acres of tree canopy; potential tree canopy loss of 8 acres. Note, this site is about 320' from the Reunion townhouse community (located on the other side of the railroad tracks). Continued from the June 10th meeting.
- PLN-REZ-2025-020 in Great Bridge on the east side of Battlefield Boulevard South, between Hessian Loop and Henry Jefferson Way. build Low-density Residential on a 8.4 lot. Current Tree Canopy of about 1 acre. Potentially adds about 0.4 acres of tree canopy.
- PLN-TXT-2026-001 - Proposed Data Center Ordinance (see above for more details)
- PLN-TXT-2026-002 - Proposed Data Center Policy (see above for more details)
Find the full agenda at Planning Commission Agenda
To submit comments to the Planning Commission online, visit https://cityofchesapeake.jotform.com/210536857544057
Some agenda items of interest at the City Council in July:
- PLN-REZ-2025-019 in Western Branch at 4733 Charlton Drive, builds Low-Density Residential on a 1.1-acre lot. The current tree canopy covers about 0.9 acres; the potential tree canopy loss is 0.7 acres. Planning Commission recommended Approval.
- PLN-USE-2026-002 in Great Bridge at 1912 Centerville Turnpike S. A conditional use permit to construct and operate a Battery Energy Storage System on an approximately 31-acre portion of a 179-acre property covering 4 parcels. Current tree canopy of about 167 acres; potential tree canopy loss of 25 acres. Planning Commission recommended Denial. (see above for more details)
- PLN-REZ-2025-009 in Great Bridge to build Low Density Residential on a 25.3 forested lot. The site contains forested wetlands. This is not in CBPA. The plan sets aside 3 acres for a park site and 4.2 acres for conservation. Potential Canopy loss -16 to -18 acres. Planning Commission recommended Denial, partially due to loss of open space, trees, and wetlands from development. City Council Approved on June 16, 2026
- PLN-USE-2025-048 in Greenbrier at Old Sears at Greenbrier Mall. Costco is requesting a Conditional Use Permit to operate a gas and service center next to a new Costco. Minimal impact to the tree canopy; Costco may add more tree islands. City Council Approved on June 16, 2026
- PLN-TXT-2025-004 - External Building Lighting on Structures and Sign to permit illumination of landmark buildings at least 500' in height, specifically for the LS Greenlink manufacturing tower under construction along the Southern Branch. City Council Approved on June 16, 2026. The new ordinance does include turning off the lights from 10 pm to dawn to protect wildlife.
- An INITIATING RESOLUTION asking the Planning Commission to consider amendments to the City's Zoning Ordinance and Solar Energy Policy in response to changes mandated by the General Assembly. Specifically, HB711 and SB347 add requirements for a use permit for solar farms; specific setback and other design requirements; and updating decommissioning plans at least every five years; requiring a use permit for energy storage projects, and a requirement to report to the SCC with a record of such use permit decisions. HB891 and SB443 provide that battery energy storage projects are a permitted accessory use on any parcel of land that has an approved use permit for a solar facility. The City Council approved initiating this effort on June 23, 2026.
- PLN-REZ-2025-015 in Great Bridge at 1401 Battlefield Blvd S., the Great Hope Baptist Church. Requests rezoning, but with no definitive site plan. Continued to an August 2026 meeting.
- Chesapeake Data Center Ordinance and Policy - Speak out at the July 8 Planning Commission meeting. Learn more about the proposed changes.
- Federal Budget: Urge Congress to do the right thing and uphold environmental funding for the Chesapeake Bay restoration. The administration's proposed Fiscal Year 2027 budget slashes critical funding to the Environmental Protection Agency (EPA), the National Oceanic and Atmospheric Administration (NOAA), the U.S. Geological Survey (USGS), and the National Park Service (NPS). Contact your congressional representatives now - https://cbf.quorum.us/campaign/trumpbudget/
- Federal Budget: Oysters: Ask Congress to Keep the Chesapeake Bay’s Oyster Sanctuaries Protected. The U.S. House Appropriations Committee recently passed a Fiscal Year 2027 funding bill for the National Oceanic and Atmospheric Administration (NOAA) that includes two harmful provisions (Sec. 586 and 587). One would open up protected oyster sanctuaries to commercial fishing; the other would cut off restoration funds for oyster sanctuaries most in need of investment. Contact your congressional representatives now - https://cbf.quorum.us/campaign/noaafunding/
- Healthy Landscapes: Are you taking steps to help improve the Chesapeake environment with the landscaping in your yard? If you are, we would love to recognize your efforts and share tips on what more you can do. Sign up for our new Chesapeake Healthy Landscape program at https://www.cityofchesapeake.net/1254/Chesapeake-Healthy-Landscape-Program
Volunteer Opportunities
- Virtual power plants’ will launch soon in Virginia. Here’s what that means. - WHRO
- Virginia Beach City Council unanimously rejects future data centers - WTKR
- Data centers fuel Dominion-NextEra merger — and customer worries - Virginian-Pilot
- As data centers boom, Virginians breathe the exhaust of 10,000 diesel generators - The Washington Post
- Virginia closes loophole in invasive plant law - WHRO
- Federal government weighs seabed mineral mining off Virginia coast - WHRO
Data Center Ordinance and Policy
The Planning Commission is scheduled to review a draft Data Center Ordinance and Policy on Wednesday, July 8, at 7 pm, at City Hall. We need residents to come to the Planning Commission on July 8 and speak out to ensure we have the strongest possible ordinance to govern where and how data centers are built in our City.
Actions you can take:
- Attend the public hearing and address the Planning Commission in person on Wednesday, July 8, 7 pm at City Hall to share your concerns. Persons wishing to speak will need to fill out a speaker card, located at the entrance of the Council Chambers, and submit it to the Recording Secretary of the Commission prior to the 7 p.m. opening of the meeting. Let us know you are planning to speak.
- Submit written comments no later than July 8, 2026, by 12:00 p.m. These can be submitted via the Electronic Comment Form found on https://www.cityofchesapeake.net/3783/Data-Center-Ordinance-and-Policy
- Sign on to our letter to the Planning Commission
Under current zoning regulations, data centers can be built "By Right", without any City Council oversight, in any business, commercial, or industrial zoning district. The proposed ordinance will continue to allow Data Centers to be built in Chesapeake with a Conditional Use Permit in Industrial zoning districts (M-1 and M-2) and also within the Fentress Overlay. It establishes conditions and guidelines for granting such a Conditional Use Permit.
The Planning Department convened a Stakeholder Group to help draft the document. The June 17th version has now been publicly posted. It included many good standards and requirements, but fell short in several key areas:
- Fentress Overlay
- The draft ordinance permits data centers, by Conditional Use in the Fentress Overlay. The associated policy document sets the preferred siting to be within 0.5 miles of existing electric transmission corridors or other suitable power sources. This could open up about 500 acres of agricultural land for potential data center development in the Fentress Overlay, east of Centerville Turnpike. This land area could support 20 data centers the size of the one proposed for Etheridge Manor. While the 2045 Comp Plan states that "Industrial and commercial uses that are compatible with rural infrastructure and aesthetic and noise levels commonly produced during Fentress operations are appropriate" in the Overlay, the cumulative impact of encouraging a “data center alley” must be considered. The heat island effects, air and noise pollution, visual impacts, and the permanent loss of farm lands would profoundly alter the rural character of the area. To minimize impact on any one community, we should set a limit on the maximum power draw allowed from any one electric substation. We recommend a maximum of 200 MW allocation for data centers from any one substation.
- The draft ordinance permits data centers, by Conditional Use in the Fentress Overlay. The associated policy document sets the preferred siting to be within 0.5 miles of existing electric transmission corridors or other suitable power sources. This could open up about 500 acres of agricultural land for potential data center development in the Fentress Overlay, east of Centerville Turnpike. This land area could support 20 data centers the size of the one proposed for Etheridge Manor. While the 2045 Comp Plan states that "Industrial and commercial uses that are compatible with rural infrastructure and aesthetic and noise levels commonly produced during Fentress operations are appropriate" in the Overlay, the cumulative impact of encouraging a “data center alley” must be considered. The heat island effects, air and noise pollution, visual impacts, and the permanent loss of farm lands would profoundly alter the rural character of the area. To minimize impact on any one community, we should set a limit on the maximum power draw allowed from any one electric substation. We recommend a maximum of 200 MW allocation for data centers from any one substation.
- Noise
- The proposed permitted low-frequency noise levels in the June 6 draft are too loud. The draft proposed the same levels recently adopted by Prince William County with a maximum daytime noise level at 73dB(C) and a maximum nighttime level at 68 dB(C). But Prince William County Board of Supervisors adopted levels louder than recommended by their own consultants, in order not to negatively impact existing data centers; data centers which people complained about as too loud. https://www.princewilliamtimes.com/news/supervisors-ok-compromise-noise-ordinance-aimed-at-data-centers/article_1288e464-5559-4c12-ab8f-2a28ca28d819.html . We should adopt the levels their consultant recommended - a daytime level at 67 dB(C) and the maximum nighttime level at 62 dB(C) - or lower.
- The draft ordinance has no mechanism for noise enforcement when data centers exceed permitted levels. Current City ordinances exempt noise from HVAC systems, Backup Generators, and lawful activities in the M-1 Light Industrial, M-2 General Industrial zones, from enforcement.
- Criteria for modeling noise levels during plan approval are not spelled out in the policy. If the simulation incorrectly models the equipment, the analysis will result in inaccurate noise predictions.
- Setbacks
- The draft requires a 500' setback of any data center structure from any residential structure, but only a 100' setback from a residential property line. Effectively, the data center can be 100' from a home's "back yard". For larger properties, such as those found in rural areas, this could hinder the enjoyment of their property by property owners. We recommended a 500' setback from the property line of properties zoned or used for residential purposes.
- Decommissioning Plan
- The policy indicates a Decommission Plan should be considered during the Conditional Use process, but does not include details. We would like to see it specify a timeframe for the safe removal of equipment and infrastructure and the return of the site to a stable and appropriate post-use condition. Also, we should consider requiring the operator to provide a bond in the event that they go bankrupt and are not financially able to decommission the site.
- Efficiency Standards
- The policy states an intent that data center developments should be designed to meet high standards of energy efficiency and sustainability. But no standards are defined. We recommend that Data Centers adopt a Power Usage Effectiveness of 1.2 or better and a Water Usage Effectiveness (WUE) ratio below 1.0 liters per kilowatt-hour (L/kWh) for a closed-loop cooling system. https://www.energy.gov/sites/default/files/2024-07/best-practice-guide-data-centerdesign_0.pdf
- Plans and components required in a Conditional Use Permit Application
- Back-up Power Generator restrictions
- Lighting Standards
- Landscaping and Buffering Standards
June Newsletter
In this edition ● Chesapeake Sustainability Network ● Millstone Battery Energy Storage System ● LS Greenlink Tower ● Planning Commission ● City Council ● Green Drinks ● Action Alerts ● Volunteer Opportunities ● In the News
Some agenda items of interest for the Planning Commission on June 10 include:
- PLN-REZ-2025-021 in Western Branch at the western terminus of Woodland Drive, builds Low Density Residential - 22 lots, minimum 8000 sq. ft. The current tree canopy covers about 10.5 acres; the potential tree canopy loss is 7 acres.
- PLN-REZ-2025-019 in Western Branch at 4733 Charlton Drive, builds Low Density Residential on a 1.1-acre lot. The current tree canopy covers about 0.9 acres; the potential tree canopy loss is 0.7 acres.
- PLN-USE-2025-009 in South Norfolk at 2651 S. Military Highway, along the waterfront. Requests a conditional use permit to utilize the site for concrete crushing and recycling, and a request to allow a height exception for 170-foot-tall silos and tanks. Parcel is 46 acres, including 20 acres of tree canopy; potential tree canopy loss of 8 acres. Note, this site is about 320' from the Reunion townhouse community (located on the other side of the railroad tracks).
- PLN-USE-2025-049 in Deep Creek at 1500 Steel Street, along the waterfront. Requests a conditional use permit to allow container stacking on 54-acre parcel. The current tree canopy is about 7 acres; the site plan keeps the existing buffers, and the tree canopy loss is ~0 acres.
- PLN-USE-2026-002 in Great Bridge at 1912 Centerville Turnpike S. A conditional use permit to construct and operate a Battery Energy Storage System on an approximately 31-acre portion of a 179-acre property covering 4 parcels. Current tree canopy of about 167 acres; potential tree canopy loss of 25 acres.
Find the full agenda at Planning Commission Agenda
To submit comments to the Planning Commission online, visit https://cityofchesapeake.jotform.com/210536857544057
Some agenda items of interest at the City Council in June:
- PLN-REZ-2025-009 in Great Bridge to build Low Density Residential on a 25.3 forested lot. The site contains forested wetlands. This is not in CBPA. The plan sets aside 3 acres for a park site and 4.2 acres for conservation. Potential Canopy loss -16 to -18 acres. Planning Commission recommended Denial, partially due to loss of open space, trees, and wetlands from development. City Council CONTINUED to the June 16, 2026
- PLN-REZ-2025-015 in Great Bridge at 1401 Battlefield Blvd S., the Great Hope Baptist Church. Requests rezoning, but with no definitive site plan. An earlier site plan showed the addition of 486 parking spaces, accessory buildings, and ball fields to the existing church. Current tree canopy approx. 0 acres; no new landscaping shown in the initial site plan.
- PLN-USE-2025-048 in Greenbrier at Old Sears at Greenbrier Mall. Costco is requesting a Conditional Use Permit to operate a gas and service center next to a new Costco. Minimal impact to the tree canopy; Costco may add more tree islands.
- PLN-TXT-2025-004 - External Building Lighting on Structures and Sign to permit illumination of landmark buildings at least 500' in height, specifically for the LS Greenlink manufacturing tower under construction along the Southern Branch.
- PLN-COMP-2026-001 Deep Creek Area Plan
- PLN-USE-2025-003 in South Norfolk for in-fill development of 1413, 1417,1421, 1420 Bainbridge Blvd (north of Lakeside Park) with Single Family Homes. Total area, 0.6 acres. Potential canopy gain of 0.06 acres.
- Data Centers: Contact state legislators to hold data centers responsible for their impacts on the state's power grid and environment: https://valcv.org/actions/tell-lawmakers-to-finish-the-job-on-data-centers-2/
- State Budget: Contact state legislators today and urge them to support clean water investments - https://cbf.quorum.us/campaign/vaspecialsession/
- Federal Budget: Urge Congress to do the right thing and uphold environmental funding for the Chesapeake Bay restoration. The administration's proposed Fiscal Year 2027 budget slashes critical funding to the Environmental Protection Agency (EPA), the National Oceanic and Atmospheric Administration (NOAA), the U.S. Geological Survey (USGS), and the National Park Service (NPS). Contact your congressional representatives now - https://cbf.quorum.us/campaign/trumpbudget/
- Federal Budget: Oysters: Ask Congress to Keep the Chesapeake Bay’s Oyster Sanctuaries Protected. The U.S. House Appropriations Committee recently passed a Fiscal Year 2027 funding bill for the National Oceanic and Atmospheric Administration (NOAA) that includes two harmful provisions (Sec. 586 and 587). One would open up protected oyster sanctuaries to commercial fishing; the other would cut off restoration funds for oyster sanctuaries most in need of investment. Contact your congressional representatives now - https://cbf.quorum.us/campaign/noaafunding/
- Healthy Landscapes: Are you taking steps to help improve the Chesapeake environment with the landscaping in your yard? If you are, we would love to recognize your efforts and share tips on what more you can do. Sign up for our new Chesapeake Healthy Landscape program at https://www.cityofchesapeake.net/1254/Chesapeake-Healthy-Landscape-Program
- Oyster Gardening: Live on salt water? Want to get involved in oyster gardening? The Chesapeake Bay Foundation—Hampton Roads and Eastern Shore, VA will be hosting Oyster Gardening Seminars around Hampton Roads in June and July to get you set up. https://www.cbf.org/resources/virginia-oyster-gardening-seminars/
Volunteer Opportunities
- Community meeting held for proposed battery energy storage facility in Chesapeake - WAVY
- Wildlife advocates raise concerns about LS Greenlink building and potential danger to migrating birds - WTKR
- Chesapeake’s Deep Creek, Camelot area plan envisions future mixed-use opportunities- Virginian-Pilot
- Dominion Energy to merge with Florida company, creating a utility titan - WHRO
- Pricey transmission upgrades are stalling much-needed energy projects in Virginia, report says - WHRO
- Blue crab population booms in Chesapeake Bay by 100 million, report finds - Virginian-Pilot
- How Soil and Water Conservation Districts can help homeowners - WHRO




