Most land in West Virginia is unzoned, and a 2025 law took data center approval away from counties entirely.

This page explains what the law actually requires, what it does not require, and what happened in each case so far. Where the law is ambiguous, we say so rather than choosing a reading.

The laws

Three laws shape how a data center gets sited in West Virginia. HB 2014 is the one that matters most. It lets the state certify a project in 14 days and removes county authority over it.

HB 2014: the Power Generation and Consumption Act

Passed April 12, 2025. In effect since July 11, 2025.

How a project gets certified Two tracks, both decided by the Secretary of Commerce
The two certification tracks
High impact data centerMicrogrid district
Who qualifies90 MW or more of critical IT load, in service on or after July 1, 2025An area up to 2,250 acres
DecisionThe Secretary “shall” certifyThe Secretary “may” certify
What is judgedOnly whether the project meets the definitionEconomic impact, and need to attract at least two businesses
Deadline14 days after notificationNone stated
LimitNoneTwo districts, unless over 70% of power goes to data centers
Code section§5B-2-21a, §11-6N-2§5B-2-21

Power companies inside a microgrid district are exempt from Public Service Commission oversight of rates, certificates, and complaints. The statute says the Secretary’s decision on a district “is final.”

Source: HB 2014, enrolled

What counties can no longer do §5B-2-21b preempts local authority over certified projects

The Legislature states its intent “to occupy the whole field.” Counties and towns may not enact, adopt, implement, or enforce any rule that limits a certified project “in any way.” Certified projects are exempt from:

  • Zoning, noise, lighting, viewshed, development, and land use ordinances
  • County building permits, inspections, and code enforcement
  • County licensing
  • County or municipal legal jurisdiction, except as the article provides

What still applies: local property tax rates, utility rates and fees, the State Building Code (enforced by the state), and state and federal environmental permits. Those permits ask whether an emission or discharge meets a standard. None of them asks whether the site is an appropriate place for the facility.

Source: W. Va. Code §5B-2-21b

What stays secret Public records exemptions

Anything a data center labels as confidential business information is exempt from FOIA, and the data center decides what to label. A microgrid applicant’s letter of intent is confidential in full.

The state keeps a list of certified data centers for the Governor and Legislature, with identifying details removed. The law does not require the list to be public.

Still public: environmental permit records, utility contracts filed with the Public Service Commission, and county deed and tax records.

Source: W. Va. Code §5B-2-21a(e), §5B-2-21(h)

Questions no court has answered Where the statute’s reach is unsettled
  • Resolutions and plans. The ban covers “enacting” and “adopting,” not just enforcing. Whether that reaches a council resolution like the one passed in Davis, or a comprehensive plan calling a site incompatible, is untested. A plan states goals and binds no property owner, which argues it falls outside the ban.
  • Floodplain ordinances. Whether these count as “development” ordinances is unclear.
  • Easements. The statute preempts government authority and is silent on private and conservation easements.
  • The 14-day clock. The statute starts it at notification. The Department’s materials start it at a completeness determination, which the statute does not mention.

Source: W. Va. Code §5B-2-21b(c), (d)

Roll call: final passage of HB 2014 See which officials voted for the bill

The full roll call for final passage, member by member. Choose a chamber to see who voted for it. Please note that this was voted on in 2025, meaning if you district is not there - the official resigned or moved on.

Don't know your district or official? Click here.

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HB 4983 and the certification rule

Passed 2026. Authorizes the rule, 145 CSR 20, that sets what an application must contain.

The inordinate burden provision Disclosure is required. Acting on it is not.

Applicants must identify any physical or geological condition that could place an inordinate burden on a parcel within one mile, and say what, if anything, they would do to offset it. The Legislature added loss of access to water to that definition. The Secretary must consider proximity to schools, churches, homes, businesses, and historic sites.

The rule does not require the Secretary to deny certification over a burden, and offsetting one is optional. Petitions are confidential, so residents cannot read what was disclosed.

Source: 145 CSR 20, §2.4; HB 4983

Water: no permit, no advance disclosure What DEP told legislators

DEP officials testified that the state has no permitting program for large water withdrawals and cannot control where a developer draws from. Amendments to require advance reporting were rejected in committee and on the House floor.

Large users must register their use after the fact (§22-26-6). Nothing requires disclosure before withdrawals begin, though state law declares the waters a public resource held for citizens (§22-26-3(a)).

Source: W. Va. Code §22-26-3, §22-26-6; Charleston Gazette-Mail, March 2026

Public comment on the bill 39 comments, all opposed

All 39 public comments we reviewed on HB 4983 opposed it. The House passed it 78 to 16.

Source: HB 4983 bill history; [public comment record]

HB 2002: One-Stop-Shop Permitting

Passed April 9, 2025. In effect from passage.

What it changes Faster permits for applicants; nothing new for the public
  • An online Permitting Dashboard for state permits, due by January 1, 2027.
  • Applicants can pay extra to fast-track a permit.
  • Agencies that miss processing deadlines must refund fees, starting 2027.
  • The dashboard becomes the only way to apply after July 1, 2027.

The law lists transparency as a purpose, but the features it describes are for applicants. It does not say whether the public can see pending applications, and it does not change any comment period.

Source: HB 2002, enrolled, §5A-13-1 to §5A-13-6

Zoning in West Virginia

About 81 percent of the state is unzoned. In the Eastern Panhandle, Jefferson County is almost entirely zoned. Berkeley and Morgan are almost entirely not.

Land use management by county
County Unzoned Zoned Protected
West Virginia80.6%9.0%10.4%
Berkeley89.5%1.8%8.6%
Jefferson4.8%90.5%4.7%
Morgan90.3%0.0%9.7%

Percent of county land area; rows may not total 100 because of rounding. Protected means protected public land. Source: National Zoning Atlas, West Virginia.

How a county adopts zoning Optional, and subject to a voter petition

Zoning is opt-in. A county must first adopt a comprehensive plan, form a planning commission, and hold hearings. The county commission can then enact a zoning ordinance or put it to a vote.

If it enacts the ordinance without a vote, residents have 90 days to gather signatures from 10 percent of eligible voters. If they do, the ordinance only takes effect if a majority approves it.

Since July 2025, none of this applies to a certified project, whether the zoning already existed or is adopted later.

Source: W. Va. Code §8A-7-7; §8A-7-8a

Before and after HB 2014: the two local projects One went through county review. One never will.
Local review of the Eastern Panhandle projects
KearneysvilleBedington
Approved byBerkeley County Planning CommissionWV Secretary of Commerce
WhenMarch 2025, before HB 2014February 2026, after HB 2014
County land use mapGrowth area with industrial designationConservation and rural uses, no industrial designation
County reviewYesNone

Source: [Planning Commission minutes, March 2025]; [Berkeley County Comprehensive Plan, Future Land Use Map]

What happened, and when

The laws, the rule, and the two Eastern Panhandle projects in order.

Show

2025

  1. March

    Berkeley County approves the Kearneysville concept plan

    Berkeley County Planning Commission

    [Planning Commission minutes]

  2. April 9

    HB 2002 passes and takes effect

    Legislature

    HB 2002, enrolled

  3. April 12

    HB 2014 passes

    Legislature

    HB 2014, enrolled

  4. July 11

    HB 2014 takes effect

    County authority over certified projects ends

  5. November 10

    Commerce files the certification rule as an emergency rule

    Takes effect within weeks, without the inordinate burden language

    State Register

  6. November

    Bedington Owner LLC is formed in Delaware

    Placeholder: one line tying the entity to the project

    [Delaware Division of Corporations]

  7. December 10

    Comment period on the rule closes, with about 935 comments

    Department of Commerce

    [news report or response-to-comments document]

2026

  1. January 29

    Rule refiled with the inordinate burden provision

    After objections from the Legislative Rule-Making Review Committee

    HB 4983

  2. February 17

    House passes HB 4983, 78 to 16

    Water reporting amendments rejected

    Bill history

  3. Nov 2025 – Feb 2026

    No public notice, hearing, or comment found on Bedington

    The certification law does not require any

  4. February 26

    Bedington becomes the state’s first certified data center

    548 acres, certified under the emergency rule

    [Department of Commerce announcement]

  5. March 27

    Governor approves HB 4983; the rule becomes final

    Governor

    Bill history

  6. Late June

    No recorded sale of the Bedington parcels

    Berkeley County land records, as of our check

    [County Clerk land records]

  7. September 8

    Final draft County Comprehensive Plan omits the project

    No mention of HB 2014, Bedington, or its developer

    [Comprehensive Plan, final draft]

Notice and comment

Legal notice and effective notice are different things. A requirement can be satisfied in full while almost no affected resident learns of it.

What notice the law requires
DecisionPublic noticeComment period
Data center or microgrid certificationNoneNone
State air permitOne newspaper legal ad30 days; a public meeting can be requested
Army Corps individual permitPosted online by the district15 to 30 days
Army Corps nationwide permitOften none for the specific projectOften none
Utility special contractPublic Service Commission docketThrough the case

Source: 45 CSR 13; 33 CFR 325.2

What notice was actually given Bedington, and two cases elsewhere in the state

Bedington: no notice was required for certification, and we have not found a state or federal permit notice for the site yet.

Mason County: residents were told comments on a stormwater permit were open through March 25, 2026. DEP issued the permit March 16.

Putnam County: the Army Corps notice for Google’s project ran June 10 to July 10, 2026. The first news coverage we found ran on July 10, the day comments closed.

Source: WVDEP permit record (Mason); USACE notice LRH-2025-00056-KAN (Putnam)

How to comment on a pending permit Where residents can still enter the record

A comment should be in writing, arrive before the deadline, name the permit or case number, include your name and address, and address what the agency is deciding. To request a hearing, say so directly.

See open comment periods on Take Action