Good Jobs First calculated that Georgia, Virginia and Texas each lose more than $1 billion a year in data centre sales-and-use tax abatements, with ten further states losing more than $100 million a year apiece. 1 Loudoun County, Virginia, the world's densest data centre cluster and one of the $1 billion-a-year states, rejected its own moratorium in March 2025 and now requires every new application to clear a "special exception" hearing rather than the prior by-right route. 2 On 12 February 2026 the Loudoun Planning Commission voted 7-1-1 to recommend a 268,700 sq ft industrial rezoning for data centre use.
Loudoun County sits west of Washington DC in the Northern Virginia data centre corridor, the cluster that handles roughly 70% of the world's internet traffic by some estimates. "Special exception" is a Virginia planning-code term: a discretionary permit that requires a public hearing and a Planning Commission recommendation before a Board of Supervisors vote, replacing the by-right zoning that previously let qualifying data centre projects skip the hearing stage entirely. The 7-1-1 vote (seven in favour, one against, one abstention) is a comfortable margin for a contentious land-use item.
The Phase 2 standards process the county adopted alongside the moratorium rejection is scheduled to land draft text amendments at the Board of Supervisors in May, with potential adoption in December 2026. Until then, the special exception process is the binding consent test, and February's vote shows it is still functioning as approval rather than refusal. The tax-abatement arithmetic compounds the picture. Every megawatt of incentive-funded build is sales-and-use revenue the state will not collect, despite the headline jobs and capex figures cited in operator press releases.
Loudoun is the strongest counter-evidence to the consent-constraint thesis. State legislatures are drafting freezes; county planning commissions in the same states are still approving rezonings. The two tracks are not yet in collision because the moratorium bills, where they pass, exempt projects already in the application pipeline. The collision arrives when a 2026 Maine-style freeze is drafted with no grandfather clause.
