Zoning, building permits and septic rules in Town of Durham, New Hampshire

Town of Durham’s own rules

• Building permitRequired

  Construction, alteration, remodeling, erection, demolition, or other building work inside Durham town limits.

  • The permit must be secured from the Code Enforcement Officer or Zoning Board of Adjustment before work starts.
  • The Town lists specific permit exemptions, including specified small accessory structures, tents under 400 square feet, fences under six feet, and specified minor work.

  “No work shall be started on the proposed site and no building shall be erected, altered, remodeled or demolished until the owner or his agent shall first secure a building permit from the Code Enforcement Officer or from the Zoning Board of Adjustment as hereinafter provided.”

• Building code adoptedAdopted (with conditions)

  Detached one- and two-family dwellings, qualifying townhouses, and their qualifying accessory structures inside Durham town limits.

  • The cited IRC applicability is limited to detached one- and two-family dwellings and townhouses not more than three stories above grade plane with a separate means of egress, and accessory structures not more than three stories above grade plane.

  “International Residential Code (IRC): Applies”

• Certificate of occupancyRequired

  Occupancy or use of structures and improvements inside Durham town limits.

  • A final inspection and Certificate of Occupancy or Certificate of Approval are required before occupancy or use.

  “shall not be occupied or otherwise utilized”

• Local zoningPresent (with conditions)

  Land inside Durham town limits, Strafford County, New Hampshire.

  • Uses and dimensional controls vary by zoning district.

  “Zoning Ordinance November 2, 2026 with Table of Contents”

• Zoning districtsPublished (with conditions)

  Zoning districts inside Durham town limits.

  • The table identifies allowed uses by district; permitted uses are P, special-exception uses are SE, conditional-use-permit uses are CU, and X means not permitted.

  “The following Table of Uses identifies allowed uses of land, buildings, or structures in all zoning districts. There is a definition in 175-7 for each of the uses listed in the table. Permitted Uses are indicated by a “P” in the appropriate column. Uses permitted only by Special Exception are indicated by a “SE.” Uses permitted only with the issuance of a Conditional Use permit are indicated by a “CU.” Uses not permitted in that district are marked with an “X.””

• SetbacksDistrict specific (with conditions)

  Buildings and structures inside Durham town limits.

  • Requirements vary by zoning district and street classification.
  • For the Route 108 exception, the minimum front setback is 100 feet plus two feet for each foot of building height over 25 feet.

  “The minimum front yard setback from Route 108 shall be 100 feet plus 2 feet for each foot of building height in excess of 25 feet.”

• Building heightDistrict specific (with conditions)

  Buildings inside Durham town limits.

  • Maximum height varies by zoning district.
  • Four residential zones allow a higher height by special exception; other zones may allow it by conditional use.
  • CB-1 has the stated 50-foot and limited-area 60-foot rule.

  maximum permitted building height in Residence A district: <= 30 feet (May be 35 feet by special exception in the residential zones) · maximum permitted building height in Rural district: <= 30 feet (May be 35 feet by special exception in the residential zones)

  “Maximum Permitted Building Height in Feet”

• Who permits septicMixed (with conditions)

  New, replacement, or enlarged on-site sewage/septic systems inside Durham town limits.

  • Durham Code Enforcement Officer approval is required under the town code.
  • State approval for construction is also required before a building permit is granted.

  “State approval for construction is required”

• Septic permitRequired

  Any new septic system or replacement or enlargement of an existing septic system inside Durham town limits.

  • State approval for construction is required before the building permit is granted.
  • The local permit is obtained from Durham's Code Enforcement Officer.

  “Permits must be obtained from the Code Enforcement Officer for any new system or for the replacement or enlargement of any existing system. New systems and replacement systems, or improved or modified systems, shall be inspected in accordance with the schedule set forth below.”

• Septic inspectionRequired

  New, replacement, improved, or modified septic systems inside Durham town limits.

  • The town code directs that inspections occur according to its stated inspection schedule.

  “Permits must be obtained from the Code Enforcement Officer for any new system or for the replacement or enlargement of any existing system. New systems and replacement systems, or improved or modified systems, shall be inspected in accordance with the schedule set forth below.”

• Subdividing landRegulated (with conditions)

  Residential porkchop subdivisions of two or three lots in Durham's RC and Rural districts on existing town roads.

  • The cited optional subdivision process applies only to two- or three-lot RC and Rural district subdivisions on town roads existing when the chapter was enacted, which are not conservation subdivisions.
  • At least two lots must use a common driveway, with deed-guaranteed maintenance.
  • A common driveway serves no more than three lots and cannot be shared with adjacent porkchop subdivisions.

  minimum area per porkchop subdivision lot: >= 80000 square feet · minimum average area of all lots: >= 120000 square feet

  “Developers of residential subdivisions of 2 or 3 lots in the RC and R Districts on existing town roads as of the date this chapter is enacted that are not conservation subdivisions, may elect to follow the requirements for porkchop subdivisions in Table 4-1, provided that at least 2 of the lots are entered from a common driveway whose maintenance is guaranteed in the deeds to the lots concerned.”

• Driveway accessRequired

  Building-permit applications involving driveways inside Durham town limits.

  • An appropriate driveway permit must be from the state or Town.
  • A final occupancy permit cannot issue until the Public Works Director or designee has inspected and approved the driveway.

  “Driveway permit. Applications shall include an appropriate driveway permit from the state or town.”

• Short-term rentalsLimited

  Short-term rentals inside Durham town limits.

  • A Zoning Administrator permit is required before establishment.
  • In special-exception districts, the special exception must be obtained first; abutters within 300 feet receive notification and the ZBA may add conditions.
  • The property must be the owner's primary residence and the owner or a family member must stay overnight while rented.
  • No recreational vehicle, travel trailer, tent, or other temporary shelter may be used by renters.

  “A short-term rental may not be established until a permit to operate a short-term rental has been issued by the Zoning Administrator. The property owner shall submit an application to operate a short-term rental to the Zoning Administrator. The proposal shall be reviewed for compliance with all Building, Fire, and Life Safety Codes. Site plan review is not required for a short-term rental.”

• Permit feesPublished (with conditions)

  Town construction permits inside Durham town limits.

  • Building permit fees are established by the Town Council and paid before issuance and before plan review begins.
  • Work performed without a permit has the stated enhanced fee.

  fee for nonpermitted work: 2 normal-rate multiplier (or $100 minimum, whichever is greater) · minimum fee for nonpermitted work: >= 100 USD (whichever is greater than twice the normal rate)

  “Building permit fees shall be established by the Town Council, and the schedule of fees shall be included in the Town-wide Master Fee Schedule.”

• Permit processPublished (with conditions)

  Building-permit applications inside Durham town limits.

  • Application is on a Town Administrator-approved form.
  • The application must provide owner/agent identification, certification that the property is not in an unapproved subdivision, proposed-work information, and required drawings and plot-plan information.

  “Applications shall be filed with the Code Enforcement Officer on a form approved by the Town Administrator. The application shall contain the full name of the owner and/or his agent. It shall contain a certification that the property is not located in an unapproved subdivision.”

Rules another office applies inside Town of Durham

Town of Durham does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Minimum lot sizeSpecified

  Single-family residences not part of a conservation subdivision in Durham's Rural (R) district.

  • Existing single-family lots in the R and RC Districts as of July 1, 2003 have the stated 120,000-square-foot exception.

  minimum lot size: >= 150000 square feet (Single-family residence not part of a conservation subdivision)

  “Any single-family lot in the R and RC Districts existing as of July 1, 2003, including lots in approved subdivisions, shall only be required to have a minimum lot area of 120,000 square feet and shall not be subject to the minimum usable area per dwelling unit requirement.”

• Manufactured homesAllowed (with conditions)

  Manufactured housing in Durham's Rural (R) zoning district.

  • The unit must meet all eight construction and siting standards in §175-109(I), in addition to state requirements, including post-June 15, 1975 HUD certification, at least 20-foot width, permanent foundation approval, and removal of hitch and tongue.

  “Manufactured Housing. A manufactured housing unit shall conform to the following construction and siting standards in addition to any state requirements:”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Town of Durham or Strafford County directly.

• Owner-builder exemption — Owner-built residential construction inside Durham town limits.
• Minimum dwelling size — Principal residential dwellings inside Durham town limits.
• Living in an RV — RV occupancy on private land inside Durham town limits.
• Camping on your land — Temporary camping on private land inside Durham town limits.
• Tiny homes — Tiny-home occupancy inside Durham town limits.

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.