Written by Abigail Blake, Fair Shake Legal Intern, Summer 2026
As data centers become more and more widespread, local communities are looking for tools to regulate their development. Among the available tools, zoning ordinances and subdivision and land development ordinances (aka SALDO) are two of the most powerful. Check out the Data Center Decision Tree for more legal, policy, and organizing strategies to try and stop or mitigate harm from data centers.
What are Zoning and SALDO Ordinances?
Zoning ordinances regulate how land can be used and say what can be built where. For example, zoning ordinances determine how intensely a plot of land can be used. A plot of land may be limited to a residential use and, therefore, industrial operations would not be allowed. Zoning ordinances can also regulate things like building dimensions, lot sizes, and setback requirements. Click here to learn more about zoning and how to read and use zoning for data center advocacy.
Subdivision and land development ordinances regulate how plots of land can be split and how land may be developed. For example, these ordinances can regulate the layout and dimensions of public roads and sidewalks. These ordinances can also set out specific requirements for dividing one plot of land into multiple plots, utility requirements, or environmental protections.
Zoning ordinances and subdivision and land development ordinances serve separate purposes, but work together to reach a similar goal. Communities use both to ensure that their land is used in a way that meets their community’s goals and priorities. The two types of ordinances have separate but sometimes overlapping contents. Generally, all of the requirements of a zoning ordinance will apply to the individual lots created in a subdivision. That means that the SALDO will often either reference the zoning ordinance or restate the setbacks and other zoning requirements.
For example, West Virginia has specified the required and possible contents of both zoning ordinances and SALDOs in statutes. Zoning ordinances in West Virginia may establish design standards, such as setbacks and lot sizes, divide land into different zone classifications, regulate architectural features of buildings, or prohibit specific land uses. Subdivision and land development ordinances in West Virginia must also include standards for setback requirements, and lot sizes, but will also include requirements for streets, sidewalks, parking, utilities, and other infrastructure. They may include requirements for green spaces, playgrounds, and other common areas. In Ohio and Pennsylvania, similar distinctions are made.
How are Zoning and SALDO passed?
Both zoning ordinances and subdivision and land use ordinances can be passed on a county or municipal level. In counties where there is a county-wide ordinance, that ordinance applies in all areas of the county where there is not an existing municipal ordinance. Municipal ordinances override county ordinances within the bounds of the municipality. Areas of the county that do not fall under the jurisdiction of a regulated municipality will be subject to the county ordinance. Municipal ordinances only apply in the municipality’s jurisdiction.
The process for passing these ordinances varies by state, but all have similar elements. Typically, passing a zoning ordinance is a slightly harder, more involved process than passing a subdivision and land development ordinance. This is partially because of the procedural requirements associated with enacting an ordinance. West Virginia, Ohio, and Pennsylvania all require public hearings on the proposed ordinance, sufficient public notice about those hearings, and required timelines. Pennsylvania’s process is more complicated and requires a preparation process and multiple publication requirements. Zoning ordinances can also be harder to pass because they typically come with more community involvement or pushback.
The process for passing subdivision and land development ordinances also varies by state, but is typically easier than passing a zoning ordinance. In Ohio, Pennsylvania, and West Virginia, adopting a subdivision and land development ordinance can include public hearings, notice requirements, and strict timelines. In Ohio, the process varies depending on whether the ordinance is being adopted by a municipality or a county. These meeting, publication, and time requirements are often less intense than the same type of requirements for zoning ordinances. Generally, zoning ordinances require more public meetings and require the proposed ordinance to be readily available to the public.
In West Virginia, the governing body of a municipality can choose whether to enact a zoning ordinance directly or to put the proposed ordinance up for a vote. Subdivision and land development ordinances are enacted by governing bodies, like city councils or county commissions. Similarly, local governing bodies in Pennsylvania municipalities enact both zoning and subdivision and land development ordinances. In Ohio, municipal governing bodies enact zoning ordinances, while subdivision and land development ordinances may be enacted by planning commissions or local governing bodies. Regulations governing plats and subdivisions are adopted by planning commissions where they exist.
How to advocate for new Zoning and/or SALDO:
Become part of your local government - The groups that often influence local zoning code include your body of elected officials (City Council, Trustees, Commissioners, etc.), along the volunteer bodies of the Planning Committee/Commission, and Zoning Hearing Board/Board of Zoning Appeals.
Advocate to your local government - Organize, show up, meet 1:1 with electeds, provide examples or templates, make comments, and ask your elected officials to change the zoning code.
Rezoning Request (process and legality vary based on state laws and city charters) - for permanent zoning changes to the zoning map and/or zoning text of requirements, standards, and decision processes:
Submit a rezoning request. Complete a rezoning application requesting the zoning classification change, including why you want the change, along with data about the area, zoning impacts, etc. If you can get the support of neighboring property owners, it will help your case.
Review. The governing authority will review your application and possibly request additional information.
Public hearing. The local planning commission will discuss the proposed changes, ask questions, and get community input on the plan review.
Decision. If the planning commission approves your proposed changes, it will recommend them to the locality’s legislative body. There will likely be another round of public hearings to consider the plan before the governing body votes on it.
Create a ballot referendum (process and legality vary based on state laws and city charters)- this process puts specific zoning questions into a local ballot so that the broader community can vote on the question. Wilmington Residents for Responsible Development introduced a ballot initiative proposing data center zoning that “addresses a wide range of documented impacts associated with large-scale data center development, including noise from cooling systems and backup generators, air quality impacts from emergency diesel generators, water consumption and watershed protection, lighting and visual impacts, construction traffic, decommissioning obligations, and ongoing public reporting and transparency requirements.”
How Can Zoning and SALDO Help Data Center Advocacy?
Data centers are facilities that store equipment that stores data. These facilities are typically large, require lots of energy to operate, use water to cool equipment, and often make constant noise. Data centers may require their own energy infrastructure, and the construction associated with that infrastructure and the center itself comes with another set of issues.
Communities in West Virginia, Ohio, and Pennsylvania can all regulate data centers through some common methods. Each state may use their zoning ordinance to regulate where a data center may be developed. They may restrict data centers to heavier use districts and protect lighter use districts by doing so. Communities in each state may also regulate building dimensions, setback requirements, decommissioning requirements, and landscaping requirements. Further, communities can set standards for noise, energy consumption, and water use. Municipalities may also approve conditional use permits for data centers, which allows their development but places specific standards on them. Finally, communities can create overlay districts, which place another specific set of requirements on an already zoned area.
Communities can use subdivision and land development ordinances to regulate the process of data center development and may require a variety of permitting and approvals in order for development to occur. Beyond that, these ordinances can be used to regulate site layout, public infrastructure integration, and stormwater management requirements.
Note: It is important to note that West Virginia has recently passed House Bill 2014, which significantly restricts local control over data centers. Municipalities in West Virginia may not subject data centers that have a critical IT load of 90 megawatts or higher to any local zoning, subdivision, development, or other land use standards. Learn more about WV data center advocacy options in the WV Data Center Decision Tree.
SALDO and Zoning is confusing! Still have questions? Reach out to us at: info@fairshake-els.org.
