Who approves a data center?

How Pennsylvania, Virginia, Ohio, Maryland and Georgia decide where data centers can be built: local zoning, state permits, regional review and utility rules. Current as of October 23, 2026.

Each state puts its decision points in a different place. Pennsylvania and Maryland tie state review to local approval: under executive orders in both states, projects that don't commit to the state's standards wait for local approvals before state review proceeds. Ohio lets a state board's certificate for an on-site power plant replace local review, and township voters can petition to overturn a rezoning. Virginia requires a site and sound assessment for facilities of 100 MW or more before local approval. Georgia sends large projects through a regional review that takes comment but does not decide. In Maryland, several counties have paused data center development.

Missed deadlines mean different things. In Pennsylvania, a municipality that misses its decision deadline deems the project approved. In Virginia, only the planning commission's recommendation is deemed approval; the statute sets no consequence when the governing body misses its 12-month deadline.

Large-load electricity tariffs are at different stages: in effect in Georgia (January 2025, over 100 MW) and Ohio (July 2025, 25 MW and up); Virginia's takes effect Jan. 1, 2027; Maryland's are under PSC review; Pennsylvania's is a tentative order with a final vote targeted for Jan. 28, 2027.

How to read this

Each state's process is simplified here. The steps a project actually follows depend on the locality, the site and the permits it needs. This page is for policy analysis and is not legal advice.

"None found" means this research did not find one, not that none exists.

Times are given only where a statute, rule or order sets them. Elsewhere, a step shows a dash or says the time varies, is set locally, or has no set deadline. Where a detail rests on a secondary source rather than a statute, rule, order or official record, the page says "as reported."

Side-by-side comparison

Choose which states to compare. On a phone, scroll the table sideways.

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Pennsylvania Virginia Ohio Maryland Georgia
Who holds zoning authority Municipalities (about 2,500 boroughs, townships and cities); county ordinances apply where a township has none Counties and cities Cities (home rule), townships and counties; township zoning is optional, and many rural townships have none Counties and Baltimore City Counties and cities
Statewide deadlines for local decisions Conditional use: hearing within 60 days, decision within 45 days after last hearing; county review 30 days; land development plan within 90 days Planning commission: 100 days; county governing body: 12 months; site plans: 40 days Township rezoning: hearing 20–40 days after filing; recommendation within 30 days; trustee hearing within 30 days; decision within 20 days Set by each county Hearing notice 15–45 days ahead; regional review up to 30 days; no decision deadline found
If the local deadline is missed Project is deemed approved Planning commission is deemed to recommend approval; no deemed approval for the governing body None found Set locally None found
Voter referendum on a rezoning None identified None identified Yes: township voters can petition within 30 days of adoption; megaproject rezonings exempt since Sept. 2026, and large data centers are not excluded from that definition No: courts ruled Frederick County's data center ordinance not subject to referendum (June 2026, as reported) None identified
Regional or county review layer County planning agency reviews land development plans (advisory; 30 days) None County or regional planning commission recommends (advisory) None statewide; Montgomery and Prince George's use a bi-county planning commission Regional commission reviews large projects within 30 days and takes comment; locality cannot give final approval until it ends
State-required site or impact disclosure None statewide; GRID Requirements notice under the executive order Site assessment for 100 MW or more, including sound at homes and schools within 500 feet None found Public Data Center Dashboard under the Sept. 2026 executive order (location, developer, power and water use); PSC large-load registry from January 2027 Water and electricity estimates in regional review
Does state environmental review wait on local approval? Yes, under Executive Order 2026-05 No No link found For projects the Task Force finds Not Aligned, yes: substantive state review is deferred until local land-use approvals are documented. Aligned projects get state review concurrent with local permitting. No link found
Can the state override local review? No No Yes: a Power Siting Board certificate for on-site power plants replaces local review (Hilliard, 72.9 MW, 2025) No; qualifying backup generators skip PSC approval but not local zoning No
Backup generators Executive order directs DEP to examine emission rules Tier 4 generators required for new data centers (2026, as reported) Standard Ohio EPA air permits MDE permit to construct; no PSC approval if backup-only and no grid export EPD air permits by size; synthetic minor common for large fleets
Governor's executive action Executive Order 2026-05 (August 2026) Executive Order 22 (Sept. 18, 2026) None found Executive Order 01.01.2026.16 (Sept. 23, 2026): state Data Center Task Force reviews every project of 25 MW or more seeking state action; public dashboard; NDA ban for executive agencies None found
Large-load tariff PUC tentative order; final vote targeted Jan. 28, 2027 Dominion GS-5, 25 MW and up; effective Jan. 1, 2027 AEP Ohio, 25 MW and up; in effect since July 23, 2025 25 MW and 60% load factor (May 2026 law); tariffs filed Sept. 1, PSC review under way Georgia Power, over 100 MW; in effect since Jan. 2025 (contracts up to 15 years)
Legislature in 2026 No siting law enacted. HB 2674, barring data centers from public utility status, which the sponsor says could otherwise let developers override local zoning, passed the House 202–1 on Oct. 19 and is in the Senate. Site assessment law (SB 94/HB 153); Tier 4 generators for new data centers Bills pending (study commission, siting limits, NDA ban); 2025 law eased on-site power Utility RELIEF Act (HB 1532), emergency law No data center bill passed

Step by step

Each state's approval steps, in order. The lane is who acts at that step. Steps with a letter (such as 9a and 9b) are alternatives that follow a decision point. Rows in lighter type are off the main path: decision points, branches, parallel tracks that run alongside the local process, and pending items.

Pennsylvania16 steps, 10 on the main path
StepWhat happensLaneTime
1Confirm local zoning allows a data centerDeveloper—None set
2File conditional use or special exception applicationDeveloper—None set
3Begin first hearingConditional use borrows the zoning hearing board hearing rule.Source: MPC §908(1.2), applied to conditional use via §913.2MunicipalityWithin 60 days of applicationStatutory
4Issue written decision (deemed approved if missed)Deemed approval is the issue in the Muncy Township case. Archbald Borough Council denied the Wildcat Ridge conditional use application 7–0 on Oct. 21, 2026, after nine hearings; an appeal is expected (as reported).Source: MPC §913.2(b)(1)MunicipalityWithin 45 days after last hearingStatutory
5File land development planDeveloper—None set
6Review plan and report to municipalityThe municipality may not approve until it receives the county report or 30 days pass. Where a township has no subdivision ordinance of its own, the county ordinance applies.Source: MPC §502(b), per MPC timing provisions summaryCounty planning agency30 daysStatutory
7Decide land development planWritten decision to applicant within 15 days after the decision.Source: MPC §508MunicipalityWithin 90 days after next regular meeting after filingStatutory
8Decision pointDecision: sign a Consent Order and Agreement? (projects over 25 MW)Source: Executive Order 2026-05, Sec. 1(a)Developer—None set
9aYes branchYes: file notice of intent to meet GRID Requirements; meet with DEP on local approval timing; sign the orderSource: Executive Order 2026-05, Sec. 1(b)(1)Developer—None set
10aYes branchYes: review permits on a rolling basis; issue only after local approvals are documentedSource: Executive Order 2026-05, Sec. 1(b)(2)DEPPermit clocks start after local approvals are documentedSet by order
9bNo branchNo: don't begin review until local approvals are documentedSource: Executive Order 2026-05, Sec. 1(c)DEPNo rolling review; excluded from PAyback and Permit Decision GuaranteeSet by order
11Submit permit applications (stormwater, waterway encroachment, air plan approval for generators, as applicable)Labeled "as applicable."Source: General DEP permitting; the order names no specific permitsDeveloper—None set
12Public notice and comment; hearing if scheduledDEPVaries by permitVaries
13Issue permitsDEP—None set
14Parallel trackRequest service; utility studies load and registers it with PJMRuns alongside steps 1–13.Source: Executive Order 2026-05, Sec. 3(c)Electric utility & PUCNo set deadlineOpen-ended
15Parallel trackLarge-load tariff rules: proposed, final PUC vote targeted Jan. 28, 2027Runs alongside steps 1–13.Source: PUC tentative order, Docket M-2026-3064961Electric utility & PUCPendingSet by order
Virginia14 steps, 10 on the main path
StepWhat happensLaneTime
1Confirm local zoning: by right, special use permit, or rezoning neededVaries by locality. Loudoun ended by-right data centers in March 2025; Prince William largely did on Sept. 22, 2026. In October 2026, Amazon withdrew an 800,000 sq ft proposal at the former GWU campus in Ashburn after county staff found data centers were not a permitted primary use there; Amazon agreed to dedicate about 25 acres to the county and forgo legal action (as reported).Source: McGuireWoods alert, Sept. 24, 2026Developer—None set
2File rezoning, proffer amendment or special use permit applicationDeveloper—None set
3Facilities of 100 MW or more: submit site assessment, including sound profile for homes and schools within 500 feet; utility discloses substations and transmission neededRequired before approval of a rezoning, proffer amendment or special use permit.Source: Va. Code §15.2-2209.5 (SB 94/HB 153, 2026 Acts ch. 568)DeveloperWithin the locality's review periodStatutory
4Public hearing and recommendationIf the commission misses the deadline, it is deemed to have recommended approval. The project itself is not deemed approved.Source: Va. Code §15.2-2285(B)Local planning commissionWithin 100 days after first meeting following referralStatutory
5Public hearing and decisionApplies in counties. The statute sets no deemed approval if the deadline is missed; the applicant may agree to a longer period.Source: Va. Code §15.2-2286(A)(7)Locality (board of supervisors or city council)Within 12 months of submission, unless the applicant agrees to extendStatutory
6Submit site plan; locality actsA resubmitted plan not acted on within 30 days is deemed approved. If a first review is late, the applicant may petition circuit court after 10 days' notice.Source: Va. Code §15.2-2259(A)(3), (C)DeveloperWithin 40 days; resubmissions within 30 daysStatutory
7State review: projects of 25 MW or more get no expedited reviewNo state step waits on local approval, unlike Pennsylvania.Source: Executive Order 22 (Sept. 18, 2026), as reported by Holland & KnightDEQStandard review timelinesSet by order
8Air permit for backup generators: new data centers must use Tier 4 generatorsApplies to air permit applications from July 1, 2026 (as reported). The rest of HB 507 (batteries first, runtime caps) did not become law. DEQ guidance sets a presumptive limit of 0.60 g/hp-hr.Source: 2026 session, as reported by Canary Media (June 23, 2026) and Data Center KnowledgeDEQVariesStatutory
9Other permits as applicable (construction stormwater, water withdrawal)Eastern Virginia Groundwater Management Area designated a cooling-water-scarcity area.Source: Executive Order 22DEQVariesVaries
10Issue permitsDEQ—None set
11Parallel trackRequest service; utility identifies substations and transmission neededRuns alongside steps 1–10. Feeds the step 3 site assessment.Source: Va. Code §15.2-2209.5 (utility disclosure)Electric utility & SCCNo set deadlineOpen-ended
12Parallel trackLarge-load rate class (GS-5) for customers of 25 MW or more: minimum 85% of transmission and distribution demand, 60% of generation demandSource: SCC final order, Dominion biennial review (Nov. 25, 2025), as reported by Loudoun NowElectric utility & SCCEffective Jan. 1, 2027Set by order
13Parallel trackTransmission built for a data center is paid for by the data centerDominion must develop a tariff that directly assigns transmission built for large-load customers to them; expected to take effect early 2027 (as reported). Case number not found.Source: SCC order in Dominion's Rider T1 transmission case, early August 2026, as reported by Virginia Mercury and DCDElectric utility & SCC—Set by order
14PendingPending: 2027 session proposals to end by-right approval for data centers over 25 MW; moratorium bills filedLoudoun voted Sept. 15, 2026 to move toward a pause of up to 12 months on data center applications.Source: Governor's Data Center Accountability Framework; SB 843 (2027)Locality (board of supervisors or city council)PendingPending
Ohio15 steps, 3 on the main path
StepWhat happensLaneTime
1Check local zoning: city (home rule), zoned township, or unzoned townshipWhere a township has adopted no zoning, there may be no local land use approval at all.Source: Planetizen/WOUB, March 2026Developer—None set
2Decision pointDecision: rezoning or conditional use needed?Unzoned: skip to step 11.Developer—None set
3Rezoning branchFile zoning amendment applicationSource: Ohio Rev. Code 519.12(A)(1) (version effective Sept. 23, 2026)Developer—None set
4Rezoning branchSend amendment to county or regional planning commissionPlanning commission recommendation is considered at the zoning commission hearing.Source: Ohio Rev. Code 519.12(E)(1)(a) (version effective Sept. 23, 2026)Township zoning commission, BZA & county planning commissionWithin 5 days of filingStatutory
5Rezoning branchPublic hearingSource: Ohio Rev. Code 519.12(A)(2) (version effective Sept. 23, 2026)Township zoning commission, BZA & county planning commission20 to 40 days after filingStatutory
6Rezoning branchRecommend approval, denial or modification to trusteesSource: Ohio Rev. Code 519.12(E)(2) (version effective Sept. 23, 2026)Township zoning commission, BZA & county planning commissionWithin 30 days after hearingStatutory
7Rezoning branchPublic hearingSource: Ohio Rev. Code 519.12(E)(3) (version effective Sept. 23, 2026)Township trustees (or city council)Within 30 days of receiving recommendationStatutory
8Rezoning branchAdopt, deny or modifySource: Ohio Rev. Code 519.12(H) (version effective Sept. 23, 2026)Township trustees (or city council)Within 20 days after hearingStatutory
9Rezoning branchRezoning takes effect unless voters petition for a referendumNew (J)(1): megaproject rezonings take effect immediately with no referendum. The current megaproject definition (R.C. 122.17(A)(11)) does not exclude data centers, so a project meeting its $1 billion investment or $75 million payroll test and wage test could qualify. Pending HB 646 would exclude data centers from the main route.Source: Ohio Rev. Code 519.12(H), (J)(1) (version effective Sept. 23, 2026)Township trustees (or city council)30 days after adoption; petition due within 30 days; vote at next election at least 90 days outStatutory
10Conditional use branchAlternative: conditional use from the township board of zoning appealsTimelines set by each township's zoning resolution.Township zoning commission, BZA & county planning commissionSet locallyVaries
11Apply for permits as applicable: air permit-to-install for backup generators; construction stormwater (over 1 acre); wastewater permits"Data centers are not subject to a unique environmental permitting program in Ohio."Source: Ohio EPA testimony, House Data Centers Committee, May 27, 2026Developer—None set
12Draft permit, public notice, comment period, hearing if requested or required, response to comments, final permitTestimony does not tie Ohio EPA review to local zoning.Source: Ohio EPA testimony, May 27, 2026Ohio EPANo timelines statedVaries
13PendingDraft general NPDES permit for data centersThousands of comments received.Source: Ohio EPA testimony, May 27, 2026Ohio EPANo timeframePending
14Parallel trackRequest service; AEP Ohio data center tariff for 25 MW and up: minimum demand up to 85% of contract capacity; contract of up to 4 ramp years plus 8 yearsApplies to new facilities and expansions. HB 706 would extend similar terms to other utilities (introduced).Source: AEP Ohio tariff page; PUCO Case 24-508-EL-ATA (order July 9, 2025)Electric utility, PUCO & Power Siting BoardIn effect since July 23, 2025Set by order
15Parallel trackOn-site power plant that is a major utility facility: Power Siting Board certificate replaces local reviewHilliard: Ohio Power Company's 72.9 MW fuel cell plant for an AWS data center (Case 25-0649-EL-BLN) was filed as an accelerated application subject to automatic approval; staff recommended approval Sept. 22, 2025, and city review was withdrawn.Source: Ohio Rev. Code 4906.13(B); HB 15 (2025); City of HilliardElectric utility, PUCO & Power Siting BoardAccelerated process availableStatutory
Maryland15 steps, 7 on the main path
StepWhat happensLaneTime
1Check county zoning and any data center pausePrince George's adopted a two-year pause in July 2026; Montgomery, Frederick and Baltimore County also paused development (as reported).Source: Spotlight PA, July 10, 2026Developer—None set
2File rezoning, special exception or site plan under the county codeEach county sets its own procedures and timelines.Developer—Set locally
3Review, hearing and recommendation or decisionCounty planning board or board of appealsSet by county codeSet locally
4Decide rezoning or zoning text amendmentFrederick County: a referendum petition on the January 2026 data center ordinance gathered more than 20,000 signatures, but a circuit court ruled June 18 that the zoning ordinance is not subject to referendum under the county charter, and the Maryland Supreme Court upheld that ruling June 30. It is not on the November ballot (as reported).Source: Technical.ly, July 1, 2026County council (governing body)Set by county codeSet locally
4aDecision pointDecision: for projects of 25 MW or more seeking any state action, Task Force determination: Aligned, Conditionally Aligned or Not AlignedSource: Executive Order 01.01.2026.16 (Sept. 23, 2026), per Venable analysisMDE & state agencies—Set by order
4bYes branchAligned or Conditionally Aligned: coordinated state review runs concurrently with local permitting; eligible for incentivesSource: Executive Order 01.01.2026.16 (Sept. 23, 2026), per Venable analysisMDE & state agencies—Set by order
4cNo branchNot Aligned or no review: substantive state review deferred until local land-use approvals are documented; no discretionary incentives or state supportSource: Executive Order 01.01.2026.16 (Sept. 23, 2026), per Venable analysisMDE & state agencies—Set by order
5Decision pointDecision: does backup generation qualify for the exclusion from state power plant approval?Qualifies if used only for emergency backup and testing, cannot send power to the grid, holds an MDE permit to construct, and meets noise and testing-hour rules.Source: SB 474 (2024), Critical Infrastructure Streamlining Act; Dept. of Legislative Services fiscal noteDeveloper—None set
6aYes branchYes: permit to construct for backup generators; no PSC approval neededOwners report each use to MDE every Dec. 1; reports are public.Source: SB 474 (2024), Critical Infrastructure Streamlining Act; Dept. of Legislative Services fiscal noteMDE & state agencies—Varies
6bNo branchNo: Certificate of Public Convenience and Necessity (or PSC-approved exemption) for generationBefore 2024, the PSC capped one data center campus at 70 MW of backup generation.Source: Fiscal note, current lawElectric utility & PSC—Varies
7Other permits as applicable (water appropriation, erosion and sediment control, stormwater)Erosion and sediment control plans are approved by soil conservation districts, county or city public works departments, or MDE, depending on the jurisdiction.MDE & state agenciesVariesVaries
8Issue permitsMDE & state agencies—None set
9Register with the Public Service Commission's large-load registry (energy and water use; fee of at least $1,000 per MW of peak load)Registration is with the PSC (as reported).Source: Mintz, AG Watch (Oct. 2026); Spotlight PA; T&D World (June 15, 2026)DeveloperFrom January 2027Statutory
10Parallel trackRequest service; large-load customer rules apply at 25 MW and 60% load factorEmergency law lowered the 2025 threshold of 100 MW and 80% load factor. PJM capacity costs are passed through to large-load customers.Source: HB 1532 (2026), Ch. 353, Utility RELIEF Act, as reported by MintzElectric utility & PSCIn effect since May 12, 2026Statutory
11Parallel trackLarge-load tariffs: utilities filed by Sept. 1, 2026; PSC review under waySource: Next Generation Energy Act (2025); HB 1532 (2026)Electric utility & PSCPendingPending
Georgia11 steps, 7 on the main path
StepWhat happensLaneTime
1Check county or city zoning for a data center useCounties and cities each zone under their own ordinances.Developer—None set
2Decision pointDecision: is the project a Development of Regional Impact?Data centers of 500,000 sq ft or more; 300,000 sq ft in urban and suburban areas of the Atlanta region.Source: DCA board vote, Nov. 2025, as reported by Georgia RecorderDeveloper—Set by rule
3aDRI branchYes: submit project for regional review, with estimated water and electricity needsDeveloper supplies the water and power estimates.Source: DCA board vote, Nov. 2025, as reported by Georgia RecorderCounty commission or city council—Set by rule
4aDRI branchReview and comment; public notice"The local government may not take final action approving the project while the DRI process is ongoing." Regional commissions comment but do not approve or oppose.Source: Ga. Comp. R. & Regs. 110-12-7-.01; DCA board vote, Nov. 2025Regional commission & local planning commissionNo more than 30 calendar days, unless extendedSet by rule
5File rezoning or special use applicationDeveloper—None set
6Review and recommendationWhere the locality has a planning commission.Regional commission & local planning commissionSet locallySet locally
7Public hearingEach side gets at least 10 minutes (§ 36-66-5).Source: O.C.G.A. § 36-66-4 (Zoning Procedures Law)County commission or city councilPublished notice 15 to 45 days before; sign on property at least 15 days beforeStatutory
8Decide rezoningIf denied, the same property cannot be reconsidered for at least six months.Source: O.C.G.A. § 36-66-4(c)County commission or city council—None set
9Permits as applicable: construction stormwater general permit (Notice of Intent to EPD); air permits for backup generators (permit-by-rule, synthetic minor or Title V, by size); pretreatment permit for significant industrial usersSynthetic minor permits are common for large generator fleets.Source: City of Tyrone data center information sheetEPDVariesVaries
10Issue permitsEPD—None set
11Parallel trackRequest service; customers over 100 MW: contracts up to 15 years, minimum bills, and contracts submitted to the PSC for reviewData centers pay site-specific costs and upstream generation, transmission and distribution costs as construction proceeds.Source: Georgia PSC media advisory, Jan. 23, 2025 (from Docket 55378)Georgia Power & PSCIn effect since Jan. 23, 2025Set by order

Sources

Grouped by state. Each entry notes which steps or rows it supports.

Pennsylvania

Virginia

Ohio

Maryland

Georgia

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