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
| High impact data center | Microgrid district | |
|---|---|---|
| Who qualifies | 90 MW or more of critical IT load, in service on or after July 1, 2025 | An area up to 2,250 acres |
| Decision | The Secretary “shall” certify | The Secretary “may” certify |
| What is judged | Only whether the project meets the definition | Economic impact, and need to attract at least two businesses |
| Deadline | 14 days after notification | None stated |
| Limit | None | Two 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.”
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.
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.
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.
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.
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.
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.
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.
| County | Unzoned | Zoned | Protected |
|---|---|---|---|
| West Virginia | 80.6% | 9.0% | 10.4% |
| Berkeley | 89.5% | 1.8% | 8.6% |
| Jefferson | 4.8% | 90.5% | 4.7% |
| Morgan | 90.3% | 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.
Before and after HB 2014: the two local projects One went through county review. One never will.
| Kearneysville | Bedington | |
|---|---|---|
| Approved by | Berkeley County Planning Commission | WV Secretary of Commerce |
| When | March 2025, before HB 2014 | February 2026, after HB 2014 |
| County land use map | Growth area with industrial designation | Conservation and rural uses, no industrial designation |
| County review | Yes | None |
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.
2025
-
March
Berkeley County approves the Kearneysville concept plan
Berkeley County Planning Commission
-
April 9
-
April 12
-
July 11
HB 2014 takes effect
County authority over certified projects ends
-
November 10
Commerce files the certification rule as an emergency rule
Takes effect within weeks, without the inordinate burden language
-
November
Bedington Owner LLC is formed in Delaware
Placeholder: one line tying the entity to the project
-
December 10
Comment period on the rule closes, with about 935 comments
Department of Commerce
2026
-
January 29
Rule refiled with the inordinate burden provision
After objections from the Legislative Rule-Making Review Committee
-
February 17
-
Nov 2025 – Feb 2026
No public notice, hearing, or comment found on Bedington
The certification law does not require any
-
February 26
Bedington becomes the state’s first certified data center
548 acres, certified under the emergency rule
-
March 27
-
Late June
No recorded sale of the Bedington parcels
Berkeley County land records, as of our check
-
September 8
Final draft County Comprehensive Plan omits the project
No mention of HB 2014, Bedington, or its developer
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.
| Decision | Public notice | Comment period |
|---|---|---|
| Data center or microgrid certification | None | None |
| State air permit | One newspaper legal ad | 30 days; a public meeting can be requested |
| Army Corps individual permit | Posted online by the district | 15 to 30 days |
| Army Corps nationwide permit | Often none for the specific project | Often none |
| Utility special contract | Public Service Commission docket | Through 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
- WV Department of Environmental Protection: air, stormwater, and water discharge permits.
- Army Corps, Baltimore District: stream and wetland permits in the Potomac watershed. You can sign up for notice emails.
- Public Service Commission: utility contracts and rate cases.
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.