Durham pauses zoning rewrite after legal challenges

Officials in Durham have paused a sweeping rewrite of the city’s zoning rules after property owners threatened legal action, halting a process that would shape how housing and development evolve in one of North Carolina’s fastest-growing cities.

The Durham City Council and Durham County Board of Commissioners canceled a public hearing on the proposed Land Development Code (LDC), stopping the formal adoption process just before it was set to begin.

“The special meeting and public hearing of the Durham Planning Commission… has been canceled,” the city said in a public notice.

The LDC would replace Durham’s Unified Development Ordinance, adopted in 2006, and serve as the primary legal framework governing land use, housing, and development across the city.

“The UDO is a legally binding set of rules that regulates how land is used and developed throughout Durham,” the city said on its website. “Following the adoption of the City and County’s new Comprehensive Plan in October 2023, the Planning & Development Department shifted its focus to implementing the goals and actions outlined within the plan.”

A rewrite tied to growth and housing

Durham’s zoning overhaul is intended to implement its 2023 comprehensive plan, which outlines goals for accommodating population growth, improving housing affordability, and encouraging walkable development patterns.

Zoning rules determine what can be built and where — including whether neighborhoods can add housing, whether businesses can open, and how dense development can become. Those decisions directly influence housing supply and costs.

The proposed LDC reflects a broader effort by city planners to modernize those rules.

“Preparing the New UDO began in February of 2024 and involved publishing modules of draft content for public input at several stages of development,” the city said. The effort included outside consultants and a community engagement program aimed at increasing participation from historically underrepresented groups.

Among the most significant changes in the draft code are new zoning districts designed to allow a wider range of housing types. The proposal includes expanded residential flexibility, allowing options such as duplexes, townhomes, and small-lot housing in areas previously limited to single-family homes.

Planning advocates say such changes can increase housing supply incrementally, while opponents often raise concerns about neighborhood character and infrastructure impacts.

State law creates legal conflict

The zoning rewrite collided with a new legal constraint adopted by the North Carolina General Assembly in SB 382. 

“In December 2024, the General Assembly added a provision that prohibits local governments from making certain zoning changes — known as ‘down-zoning’ — without obtaining written consent from every affected property owner,” the city said on its Engage Durham website. “These restrictions make it extremely difficult for communities across North Carolina to update their development regulations.”

At the same time, state law requires municipalities to keep zoning ordinances consistent with adopted comprehensive plans. The result is a policy conflict: Cities are expected to update zoning but face limits on how they can do so.

Jenn Truman of City Builder said Durham’s proposed LDO underscores how zoning decisions shape everyday life.

“Most people never read a zoning code,” Truman said. “But everyone lives inside the decisions it makes. Zoning quietly determines whether a neighborhood can add new homes, whether a corner store can open, whether a church can build housing, or whether an apartment building is allowed,” she recently wrote. “As such, zoning directly shapes housing affordability, neighborhood change, and who is able to live in a growing city.” 

Unusual coalition halts process

To address the restriction, Durham proposed a “carve-out” in the draft code. Properties that would be down-zoned would remain under the existing ordinance rather than transition to the new LDC. That approach drew objections from an unlikely coalition of interests.

A gas station developer and a neighborhood advocacy group — often on opposite sides of development debates — raised similar legal concerns about potential down-zoning under the proposal. Their objections centered on whether the carve-out complied with state law.

“Unfortunately, property owners have challenged this carve-out approach and threatened litigation in mid-February 2026,” the city said. “Given the legal challenges… the adoption process for the LDC has been paused.”

The alignment highlights the complexity of zoning politics. Neighborhood groups that have historically opposed higher-density development raised concerns alongside commercial property owners seeking to protect development rights.

The timing of the objections — just days before public hearings were set to begin — effectively halted the process before formal public debate on the full proposal could occur.

Broader policy tensions

The pause reflects broader tensions in North Carolina over housing, growth, and property rights. Cities such as Durham, Raleigh, and Charlotte continue to see population growth and rising housing costs. Policymakers and advocacy groups increasingly debate whether zoning reforms should allow more density to expand housing supply.

The cancellation of the hearing halted what was expected to be a months-long public process involving residents, developers, and advocacy groups. Instead, legal questions about the down-zoning provision have taken precedence.

“Given the legal challenges raised just days before the start of the adoption process…there is currently no estimate for when it may resume,” the city said.

City staff remained available at the scheduled meeting time to answer questions, but no new hearings have been announced. Officials said they intend to continue engaging the public and refining the proposal once the legal issues are resolved.

“Durham pauses zoning rewrite after legal challenges” was originally published on www.carolinajournal.com.