Durham put the adoption of its new Land Development Code (LDC) on indefinite hold after threats of potential lawsuits.
“The project is on indefinite hold. We don’t know at this time when it will resume,” said Sara Young, director of the Planning Department of the durham city, during a briefing on Tuesday, February 25.
Although the formal public hearing was canceled, city officials held the meeting to assist residents who came after receiving notifications by mail.
Residents attended Durham City Hall seeking answers regarding the development plan/Claudia Rivera Cotto, ELNC 
Residents attended Durham City Hall seeking answers regarding the development plan/Claudia Rivera Cotto, ELNC 
Residents attended Durham City Hall seeking answers to the new Land Development Code/Claudia Rivera Cotto, ELNC
Confusion among residents
Hundreds of residents arrived at the Durham City Council On Tuesday, they sought more information about this change. These citizens were among the 150,000 residents who received letters notifying them about the public hearing.
“On Friday, the City Council and Board of Commissioners announced that the hearing was canceled. But we had already sent out more than 150,000 letters, so a lot of people didn’t see the notice and came anyway,” Robin Schultze, the city’s senior planner and arborist, told Enlace Latino NC .
Schultze clarified that the project is not linked to a specific construction project.
“This is not associated with any specific construction or development project, as is the case with most rezoning. It is a translation of the zoning districts based on the 2023 Comprehensive Plan that has already been approved.”
Schultze explained.
Even so, some residents expressed uncertainty.
Diogenes Robles, who has lived in Durham for more than 20 years, said he received a letter inviting him to a meeting about changes near his living place.
“I’m here with my son trying to find out what’s going on, what information they’re giving us, why they canceled it,” he told Enlace Latino NC .
Oseas Dominguez, a resident of 26 years, also came after receiving a notification. “They sent us a letter saying we had to be here for a meeting, but it seems a little out of control. I’m not exactly sure what it’s about, what kind of changes they want to make in our area,” he told Enlace Latino NC .
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What does the Code propose?
The reform sought to align urban planning regulations with the Comprehensive Plan adopted in 2023 and adapt the regulations to a rapidly growing city, according to documents provided by the city.
Among the main proposed changes were:
- Reorganization of residential districts
The new Code reorganizes residential areas into four main categories:
- RA: Rural, with large lots and low density.
- RB: Suburban, with traditional single-family homes.
- RC: Manufactured housing communities.
- RD: Neighborhood residential, more compact and flexible.
The most important change is RD, which allows different types of housing (such as duplexes or smaller units) and greater density under certain conditions, including incentives for affordable housing.
- Zoning map update
The reform not only changes the written rules of the Code, but also the official zoning map.
That map determines what type of development is permitted on each specific property. In other words, it defines whether the land where your property is located is considered rural, suburban, mixed-use, industrial, etc.
- Housing diversity
The proposal also expands mixed-use zoning, allowing residential and commercial uses to be combined in more areas.
The new “Residential Mixed Use” and “Commercial Mixed Use” districts would support development near public transportation corridors, the city center, and neighborhood centers. Districts with higher numbers would allow for taller buildings and more intensive development, especially in urban centers and the city center.
- Incentives for affordable housing
Incentives are being expanded for developers who include affordable units in their projects, such as density bonuses and greater regulatory flexibility.
- “Complete streets” and connectivity requirements
New developments must integrate pedestrian and cycling infrastructure and better connections between neighborhoods, promoting a more accessible city that is less dependent on cars.
- Stricter environmental regulations
Sustainability and tree preservation standards are being strengthened, incorporating greater environmental requirements in new projects.
The legal risk that halted the process
The brake is linked to state law SB 382, approved in 2024 by the North Carolina General Assembly.
The law requires municipalities to obtain written consent from all affected property owners before reducing permitted density or limiting authorized uses on their land — a process known as downzoning.
Durham's proposal changes many districts and reassigns properties to new categories. If in any case the new map :
- Reduce the permitted height
- Decreases density
- Removes certain permitted uses
That could be considered downzoning.
SB 382 requires written consent from all affected property owners before making that type of reduction.
It also requires approval from Owners when new regulations convert existing properties into “non-conforming uses”.
According to Young, city staff believed the proposal complied with state law. However, he now faces questions about how he attempted to align it with that legislation.
“We believed we were complying with state law… and now they are questioning the legality of the way we tried to comply,” he said.
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What can you do now?
Although the new Land Development Code has been put on indefinite hold, the city continues to receive feedback from residents.
If you have any questions or comments, you can contact us in English or Spanish at the following email address: NewUDO@Durhamnc.gov
You can also check the comprehensive plan at this link Or if you wish to check the rezoning proposal in a specific area, please visit the website. nexperience.arcgis.com
“If it is resumed, the public will be notified and invited to participate in public engagement meetings,” said Luis Salazar Gonzalez, a planning specialist with the City of Durham Planning Department. Enlace Latino NC .
Note: This article was updated to correct the contact email address.
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