What We Do

Data centers are transforming Virginia’s economy and digital infrastructure. At Gentry Locke, we help clients navigate the legal and business challenges that arise during the development, operation, and expansion of data centers across the Commonwealth.

Our attorneys provide practical guidance and representation on matters such as:

• Structuring and negotiating development agreements
• Zoning and land use approvals
• Environmental and regulatory compliance
• Construction and contract disputes
• Energy, utilities, and infrastructure issues
• Operational and expansion risk management

Data center projects require coordination among multiple stakeholders and regulators. We help clients move projects forward while protecting their interests and addressing complex legal and regulatory considerations. Virginia’s concentration of data centers brings economic growth along with unique legal and infrastructure challenges, and our team is equipped to guide clients through every stage.

Who We Help

We represent clients across the digital infrastructure ecosystem, including:

• Data center developers and operators
• Technology companies and cloud providers
• Real estate investors and private equity firms
• Landowners and developers
• Construction and engineering firms
• Energy providers and utilities
• Local governments and public entities

Each project involves unique legal and business considerations. Our attorneys collaborate across practice areas to deliver solutions tailored to each client’s goals.

Common Scenarios

Data center development involves a wide range of legal and regulatory considerations. Our team helps clients navigate challenges that often arise during planning, development, and operations.

Site Selection & Land Use

Selecting the right location requires careful planning and coordination with local governments and community stakeholders. We assist with:

• Zoning and entitlement strategy
• Special use permits and rezoning applications
• Comprehensive plan amendments
• Local government approvals and advocacy
• Community engagement and public hearing support

Real Estate & Development

Data center projects often require complex real estate transactions and development agreements. Our attorneys assist with:

• Site acquisition and disposition
• Title, survey, and due diligence review
• Easements, rights-of-way, and access agreements
• Leasing and ground lease structures
• Development agreements

Energy & Utilities

Reliable power and infrastructure are central to data center operations. We help clients address issues such as:

• Power supply strategy and procurement
• Utility coordination and interconnection agreements
• Renewable energy and sustainability initiatives
• On-site generation and backup systems
• Regulatory compliance involving state and federal agencies

Environmental & Regulatory

Large scale infrastructure projects often require environmental review and ongoing compliance. We advise clients on:

• Environmental due diligence and risk assessment
• Permitting (air, water, wetlands, and stormwater)
• Compliance with state and federal environmental laws
• Brownfield redevelopment and remediation
• ESG and sustainability considerations

Government Affairs & Policy

Data center development continues to attract attention from policymakers and regulators. We provide guidance on:

• Monitoring and analysis of legislation impacting data center development
• Strategic guidance on state and local policy trends, including tax incentives and infrastructure initiatives
• Representation before legislative and regulatory bodies
• Coordination with stakeholders, agencies, and community leaders
• Advocacy strategies aligned with business objectives

Data Privacy & Cybersecurity

Data centers must address evolving legal requirements related to data protection and cybersecurity. Our team assists with:

• Data governance and privacy compliance (including state, federal, and international frameworks)
• Cybersecurity risk assessment and incident response planning
• Regulatory compliance and enforcement defense
• Vendor and third-party risk management
• Counseling on evolving data protection laws and industry standards

Representative Experience

Our attorneys have assisted clients with a wide range of matters related to digital infrastructure and large scale development projects, including:

• Advising developers on land use approvals and entitlements for major commercial projects
• Negotiating complex construction and development agreements
• Representing clients in disputes involving contractors, suppliers, and project partners
• Providing regulatory guidance related to environmental and infrastructure requirements
• Assisting clients with risk management strategies for large capital projects

Our experience allows us to provide practical guidance throughout the life cycle of major development projects.

FAQs

Why are data centers growing rapidly in Virginia?
Virginia has become a global hub for digital infrastructure due to strong connectivity, available land, and business friendly policies. The growth of cloud computing and artificial intelligence has increased demand for new facilities.

What legal issues are involved in developing a data center?
Common issues include land use approvals, environmental compliance, construction contracts, infrastructure agreements, and regulatory considerations.

Do local governments regulate data centers?
Yes. Local governments often review zoning approvals, land use impacts, and infrastructure needs when considering data center developments.

How do energy and utilities affect data center projects?
Data centers require significant electricity and infrastructure. Developers often need agreements with utilities and may face regulatory review regarding energy capacity and grid reliability.

When should a company involve legal counsel in a data center project?
Legal guidance is valuable during early planning stages such as site selection, land acquisition, and development agreements, as well as during construction and operations.

Planning or developing a data center project in Virginia?

The attorneys at Gentry Locke help clients navigate the legal and business challenges surrounding digital infrastructure projects across the Commonwealth. Whether you are planning a new facility, expanding an existing project, or addressing regulatory issues, our team is ready to help.