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Zoning Guide

Durham, NH Zoning Regulations & Building Permits

Data-only stub — facts unverified locally. Confirm with the planning department before relying on details.
Last updated: Verified:

What we have on file vs. what to verify locally

We don't have editor-verified zoning prose for Durhamyet. Here's the structured data we do have, and the highest-leverage steps to confirm specifics for your parcel.

What we have on file

Population:
16,877
County:
Strafford County
State building code:
NH State Building Code (based on 2018 IBC)(statewide default)
State ADU law:
Yes — New Hampshire RSA 674:71-73 (enacted by SB 146, signed March 2016) requires municipalities that adopt zoning to allow at least one accessory dwelling unit as a matter of right or by conditional use permit/special exception in all zoning districts that permit single-family dwellings. HB 1291 (2024), which would have expanded this to two ADUs by right, passed the House but was killed in the Senate.
FEMA flood map:
Search flood zones
Planning department:
Durham Planning Department

Verify these locally

  • Call the Durham Planning Department: (603) 868-8064
  • Check FEMA flood zone for your parcel — flood-zone status changes setbacks, foundation requirements, and insurance.
  • Check your HOA CC&Rs and recorded deed restrictions — they are common in Durham and frequently restrict ADUs, fences, and exterior changes beyond what zoning allows.

Key Zoning Facts

Planning Department
Durham Planning Department(603) 868-8064
Building Code Edition
NH State Building Code (IBC/IRC based)
ADUs Allowed
Yes

Durham Zoning Overview

Durham is a town in Strafford County, New Hampshire, with a population of approximately 16,877 (2020 Census). Durham is home to the University of New Hampshire (UNH), which significantly influences the town's character and development patterns. As a New Hampshire town, Durham operates under a town council form of government. Land use and development are regulated through the town's zoning ordinance, administered by the Durham Planning Department.

Durham's zoning ordinance divides the town into several districts, including three residential zones with varying lot size requirements. The Residence (R) district requires a minimum of 1 acre, the Residence A (RA) district requires 2 acres, and the Residence B (RB) district requires 40,000 square feet. The town also includes a Central Business (C) district, the Church Hill (CI) district, and an Office Research (OR) district.

Key Zoning Districts

Durham's primary residential zoning districts include:

  • R (Residence) — Minimum 1-acre lots with 35 ft front, 20 ft side, and 25 ft rear setbacks. Maximum height of 35 ft.
  • RA (Residence A) — Minimum 2-acre lots for lower-density residential development. Maximum height of 35 ft.
  • RB (Residence B) — Minimum 40,000 sq ft lots providing a medium-density residential option. Maximum height of 35 ft.

Non-residential districts include:

  • C (Central Business) — Downtown commercial and mixed-use district
  • CI (Church Hill) — Special district preserving the character of the Church Hill neighborhood
  • OR (Office Research) — Office, research, and technology-oriented uses

ADU Regulations (Accessory Dwelling Units)

New Hampshire state law (RSA 674:72-73) requires all municipalities to allow ADUs (Accessory Dwelling Units) as a matter of right on any property with a single-family dwelling. This is a state mandate that Durham must comply with. Key points:

  • One ADU is permitted per single-family lot
  • The ADU may be attached to or detached from the primary dwelling (subject to local standards)
  • Municipalities cannot prohibit ADUs but may adopt reasonable regulations regarding size, parking, and other dimensional standards
  • Contact the Durham Planning Department for the town's specific ADU application requirements and any local dimensional standards

Building Code

Durham follows the NH State Building Code (RSA 155-A), which is based on the International Building Code (IBC) and International Residential Code (IRC). All construction must comply with the state building code.

Development Process

Development in Durham generally requires obtaining the appropriate permits from the town's planning and building departments. The process typically involves:

  1. Zoning Verification — Confirm that your proposed use is permitted in the applicable zoning district
  2. Planning Board Review — For subdivisions, site plans, and certain other projects, submit an application to the Durham Planning Board
  3. Building Permit — Apply for a building permit with construction documents
  4. Inspections — Schedule required inspections during construction
  5. Certificate of Occupancy — Obtain final approval before occupying the structure

For projects that do not conform to existing zoning, property owners may need to seek a variance or special exception from the Durham Zoning Board of Adjustment (ZBA).

Key Considerations

Before starting any development project in Durham, property owners should:

  • Verify the zoning classification of their property
  • Review setback, height, and lot coverage requirements for the applicable district
  • Check for any overlay districts or special regulations
  • Be aware that the University of New Hampshire campus and surrounding areas may have special development considerations
  • Determine if the property is in a flood zone using FEMA's flood map service
  • Confirm whether HOA covenants or deed restrictions apply
  • Contact the Durham Planning Department at (603) 868-8064 for pre-application guidance

Disclaimer: This guide provides general information about zoning in Durham, NH and should not be relied upon as legal advice. Zoning codes are subject to change. Always verify current regulations with the Durham Planning Department before making development decisions.

Regulatory Layers That Apply in Durham

Your property is subject to ALL of these regulatory layers. Each one can impose additional requirements beyond the others.

Federal

State — New Hampshire

  • Building Code: NH State Building Code (RSA 155-A)
  • State ADU Override: Yes (NH RSA 674:72-73 requires municipalities to allow ADUs)
View New Hampshire zoning overview

County — Strafford County

    City / Municipal

    The city's zoning ordinance, building codes, and local permits form the primary layer of land-use regulation for your property.

    Overlay Districts

    No overlay districts identified.

    Private Restrictions

    • HOA / CC&Rs common: Yes
    • Check HOA CC&Rs and deed restrictions for additional requirements.

    Statewide Context (New Hampshire)

    Local data for Durham is limited. The following state-level facts apply across New Hampshire and are inherited by this page until city-specific details are verified.

    State Building Code
    NH State Building Code (based on 2018 IBC)
    State ADU Preemption
    Yes — state law overrides local rules
    Coastal Zone
    Yes
    Wildfire Zones
    No

    ADU Rules in Durham

    ADUs:Allowed(statewide context — not city-specific)

    State law (statewide context, not city-specific):

    New Hampshire RSA 674:71-73 (enacted by SB 146, signed March 2016) requires municipalities that adopt zoning to allow at least one accessory dwelling unit as a matter of right or by conditional use permit/special exception in all zoning districts that permit single-family dwellings. HB 1291 (2024), which would have expanded this to two ADUs by right, passed the House but was killed in the Senate.

    Source (New Hampshire)

    For local size, setback, and parking specifics, contact the Durham Planning Department.

    Permit Costs & Timelines

    Permit Costs & Timelines

    Specific permit fee schedules for Durham are available from the local planning department. Fees vary based on project type, scope, and valuation.

    Check Durham permit fees →

    Official Sources

    City-specific

    Town of Durhamci.durham.nh.usOfficial source