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Durham, NC Building Setbacks & Zoning: Lot Coverage Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Low Density Option range
6% (M/LR-A) to 24% (F/J-B, E-B, E-A)
High Density Option range
24% to 70% (F/J-B, E-B highest)
Governing section
UDO Sec. 8.7.2, Impervious Surface Limits
Adoption
Joint City of Durham / Durham County ordinance
Civil penalty
$500 per violation, UDO Sec. 15.4.4
Relief valve
Impervious surface credit transfer between parcels

Summary

Durham has no citywide lot-coverage cap, but land inside the city's six Watershed Protection Overlays -- a regime jointly adopted with Durham County -- is capped at 6% to 70% impervious surface. UDO Sec. 8.7.2 sets the exact limit by overlay district and by whether a project uses the Low Density or High Density Option.

Impervious Surface Limits Any development in a Watershed Protection Overlay shall be subject to limits on the amount of impervious surfaces permitted in accordance with the following table. Overlay | Low Density Option Impervious Surface Limit | High Density Option Impervious Surface Limit M/LR-A | 6% | Not permitted M/LR-B | Rural Tier: 6%; Rural Village: 12% | Rural Tier: Not permitted; Rural Village: 24% F/J-A | Within one-half mile of the normal pool: six percent; Between one-half and one mile from the normal pool: nine percent | Not permitted in the Rural Tier. 40%, for all areas not in the Rural Tier...intensities greater than 25% shall require a Major Special Use Permit pursuant to Sec. 3.9, Special Use Permit. F/J-B, E-B | 24% | 70% E-A; E-A(2) | 24% | Not permitted

Source: City of Durham Code of OrdinancesView official code

Full Breakdown

The Unified Development Ordinance's watershed protection standards apply only within the six overlay districts established under UDO Sec. 11 -- M/LR-A, M/LR-B, F/J-A, F/J-B, E-A and E-A(2) -- which ring Lake Michie, the Little River Reservoir, and the Falls/Jordan and Eno River watersheds. Outside those overlays the UDO does not cap impervious surface citywide. Sec. 2 sets Low Density Option limits from 6% (M/LR-A and the M/LR-B and F/J-A Rural Tier) up to 24% (F/J-B, E-B and E-A/E-A(2)); High Density Option limits run from 24% (M/LR-B Rural Village) to 70% (F/J-B, E-B), with the High Density Option barred entirely in some overlays and Rural Tier areas.

S. Chapter 160D, and applies within the overlay boundary regardless of city/county line -- so a city-limits parcel in, say, the F/J-A overlay is bound by the same 6%-to-9% Low Density figures as a county parcel in the same overlay. Developers who need more impervious area than a parcel's Low Density Option allows can use an impervious surface credit transfer from a non-contiguous "donor parcel" in the same watershed, provided the donor land is permanently protected by a conservation easement in favor of the City or County.

Projects exceeding the Low Density Option maximum within a Critical Area (A) are also kicked out of administrative site plan review and into Major Site Plan review requiring Governing Body approval under UDO Sec. 3(B). Where the High Density Option is used, engineered stormwater controls sized to treat the first inch of rainfall are mandatory, and no building permit may issue until the City Public Works Director or County Engineer has approved the stormwater plans and an Operation and Maintenance Agreement is signed.

Violations & Fines

The Planning Director or designee enforces the impervious limits under UDO Article 15 and may issue a citation with a civil penalty of $500 per violation (Sec. 15.4.4). Notice must state the penalty amount and a 15-day payment deadline; unpaid penalties can be collected as a civil debt action. A violation that continues uncorrected after an initial citation can draw a second citation carrying a daily, cumulative civil penalty (Sec. 15.4.6), and payment of a penalty does not bar the City or County from also seeking injunctive relief or an abatement order for impervious surface built beyond the overlay's limit.

Frequently Asked Questions

Does Durham cap lot coverage citywide?
No. The UDO sets no general impervious-surface or lot-coverage limit outside the six Watershed Protection Overlays. Inside those overlays, UDO Sec. 8.7.2 caps impervious surface from 6% up to 70% depending on the specific overlay district and whether the project uses the Low or High Density Option.
What overlays does the impervious cap apply to?
M/LR-A, M/LR-B, F/J-A, F/J-B, E-A and E-A(2), the six Watershed Protection Overlays around Lake Michie, the Little River Reservoir, and the Falls/Jordan and Eno River water supplies, established under UDO Sec. 4.11 and jointly regulated by the City of Durham and Durham County.
Can a project get more impervious area than the cap allows?
Yes, through an impervious surface credit transfer from a non-contiguous donor parcel in the same watershed, reviewed through the final plat or site plan process, provided the donor parcel is permanently protected by a conservation easement favoring the City or County.
What happens if a project exceeds the limit?
Exceeding the Low Density Option limit inside a Critical Area (A) forces the project into Major Site Plan review requiring Governing Body approval instead of administrative approval, and the Planning Director can cite the violation under UDO Article 15 with a $500 civil penalty that can escalate to a daily penalty if uncorrected.

Sources & Official References

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