Legal Challenge Sidetracks Durham UDO Plans

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The Durham Planning Commission had been set to hold a formal public hearing on the draft of the new Unified Development Ordinance on Tuesday, Jan. 24.

That hearing was scuttled today. In a statement, Durham officials blame the cancellation on property owners who threatened litigation during the past week.

"Given the legal challenges raised just days before the hearing, the adoption process for the (UDO) has been paused to allow time to evaluate these issues and determine the best path forward," the statement reads.

Since 2023, Durham officials have worked on a rewrite of development rules to make them align with the adopted comprehensive plan as required by state law. But the General Assembly in December 2024 threw a wrench in the works by adding a provision to a disaster-relief bill that would ban local governments like Durham from "down-zoning" without consent from all affected property owners.

"These restrictions make it extremely difficult for communities across North Carolina to update their development regulations," the statement reads. "At the same time, other state laws require zoning regulations to be consistent with an adopted comprehensive plan. This creates a direct conflict in state policy: local governments are required to update zoning but are effectively prevented from doing so, resulting in uncertainty and challenges for sound governance statewide."

The new UDO draft included a carve-out meant to avoid the conflict, indicating that any property that would be "down-zoned" would be grandfathered under the previous code. That carve-out approach faced the threat of litigation, prompting the change of plan.

Planning staff still plan to attend the Planning Commission meeting at 5:30 p.m. on Tuesday to answer questions and provide information to anyone who attends.

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