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Durham, NC Landscaping Rules: Rainwater Harvesting (2026)

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

Key Facts

Bonus district
Downtown Design District (DD), Core & Support 1
Height bonus
15 additional feet
Cistern size
captures first 1 inch of roof rainfall
Required reuse
toilet flushing or irrigation only
Not available
Support 2 sub-district
Governing section
UDO § 16.3.3(C)(1)
Violation penalty
$500 civil penalty per violation

Summary

Durham does not mandate rainwater harvesting citywide, but its Unified Development Ordinance rewards it downtown. A Downtown Design District project that installs rooftop cisterns sized to capture the first inch of rainfall off impervious roof area, reused on-site for toilet flushing or irrigation, earns 15 additional feet of building height in the Core and Support 1 sub-districts under UDO § 16.3.3(C)(1).

Provide cistern(s) to collect stormwater from on-site rooftop impervious surfaces with a minimum volume to accommodate the first one inch of rainfall. To receive this credit the runoff must be captured and used on site for the purposes of flushing toilets or irrigation.

Source: NC DEQ - Rainwater HarvestingView official code

Full Breakdown

3, Height, sets the base and bonus height limits for the DD (Downtown Design) District's three sub-districts: Core, Support 1, and Support 2. 1 then lists optional 'provisions' a developer can build into a project to unlock additional height. One of those provisions, Stormwater Capture and Reuse, requires the applicant to 'provide cistern(s) to collect stormwater from on-site rooftop impervious surfaces with a minimum volume to accommodate the first one inch of rainfall,' and the captured water 'must be captured and used on site for the purposes of flushing toilets or irrigation' to receive the credit.

Qualifying projects gain 15 feet of additional height in both the Core and Support 1 sub-districts; the table lists no bonus (', ') for Support 2, so the cistern option is unavailable there. The same bonus table pairs the cistern provision with five others, green roofs, mechanical water reclamation, historic-structure adaptive reuse, affordable housing set-asides, and enhanced façade materials, subject to the rule that 'the additional height allowed is subject to the upper story step-back requirements' and applies to overall building height, not podium height.

Provisions 'required elsewhere in this Ordinance or in the City Code' cannot double as bonus amenities. Durham City-County Planning administers the review through the project's site plan or building permit application; because the DD District sits within downtown Durham, this bonus applies inside city limits, not the unincorporated county.

Violations & Fines

There's no standalone penalty for skipping a rooftop cistern: it's an optional bonus, not a mandate. But a project that claims the extra 15 feet without installing and maintaining the qualifying cistern is building over its base height limit, a UDO violation under Sec. 15.4, Penalties. The Planning Director or designee can issue a citation carrying a $500 civil penalty per violation, with 15 days from notice to pay before the City or County pursues collection as a civil debt.

Frequently Asked Questions

Does Durham require new buildings to harvest rainwater?
No. Durham has no citywide rainwater-harvesting mandate. The Unified Development Ordinance instead offers a voluntary incentive: downtown developments in the Design District's Core and Support 1 sub-districts can earn 15 feet of extra building height by installing a rooftop cistern under UDO § 16.3.3(C)(1).
How big does the cistern have to be?
Large enough to capture the first one inch of rainfall falling on the building's rooftop impervious surface area, per the UDO's Stormwater Capture and Reuse provision. The captured water must then be used on site for flushing toilets or for irrigation to count toward the height bonus.
Can any Durham project use this height bonus?
No: it's limited to the Downtown Design District's Core and Support 1 sub-districts under UDO § 16.3.3(C)(1). The Support 2 sub-district is not eligible, and the table shows a dash instead of a height allowance for that provision there.
What if a project doesn't maintain the cistern after getting the bonus?
Building above the base height limit without maintaining the qualifying provision is a UDO violation. The Planning Director can issue a citation and impose a $500 civil penalty per violation under Sec. 15.4, Penalties, with 15 days to pay before civil collection follows.

Sources & Official References

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