Data centers have evolved into a hot-button topic across West Virginia, particularly regarding the impact such centers could have on the communities in which they are located. “Local Control” or a lack thereof has become a rallying cry of sorts for community members who believe their voices are being ignored because of provisions in legislation approved in 2025 meant to help kickstart data center development.
But was the idea of local control anything more than a myth to begin with?
The answer is: sort of.
H.B. 2014 includes a provision that prevents county or municipal governments from enforcing local zoning or building codes for certified microgrid developments. The bill prohibits “Counties and municipalities, whether by ordinance, resolution, administrative act, or otherwise, from enacting, adopting, implementing, or enforcing ordinances, regulations, or rules which limit, in any way, the creation of, and acquisition, construction, equipping, development, expansion, and operation of any certified microgrid district or certified high impact data center project.”
The growing opposition to major data center development has pointed to this section of the law as an example of forcing communities to accept the mammoth structures that come with an insatiable thirst for water and power without being included in the process.
However, local control over such development was already limited. Even if that particular section of the bill did not exist, it likely would not change any of the current development plans. Zoning and planning is the exception in West Virginia, not the rule. While most municipalities have zo`ning laws on the books, it is uncommon to find similar county regulations, and for a variety of reasons, data center developers are not looking to build in city limits.
Lewis Reynolds, of Fundamental Data, which is proposing a data center near Thomas and Davis in Tucker County, told a crowd last month that the project would not have been affected even if HB 2014 did not exist because Tucker County does not have zoning ordinances to place. There is no local mechanism for approving or proposing changes to the project.
The only county that is fully zoned is Jefferson County. There are specific planning districts in counties such as Monongalia, Putnam, and Berkeley Counties. There are also other regulations in place for countywide enforcement of safety or environmental issues.
The bottom line, the approval process for microgrids and high impact data centers would not change much with or without the provision within H.B. 2014.
Countywide zoning laws have historically been very unpopular among West Virginians. Being forced to ask permission and apply for a permit before modifying our own property has never set well with us. The unintended consequence is that when it comes to major developments, local governments may have limited ability to regulate the impact on the local community.
That realization does not change the fact that many residents are concerned about the impact data centers and microgrids will have on their communities. State and local lawmakers still have an opportunity to work together to forge a path forward that leads to responsible development that grows the state’s economy while addressing the concerns of the people living next door to data centers.