Durham, NC Right to Farm: Agricultural Zoning Protection (2026)

Sec. 5.3.1 of the Durham UDO governs agricultural use inside the City, and in the County where State statute has not exempted the land from zoning. Agricultural uses are permitted in accordance with the use table in Sec. 5.1, then subject to five standards.

The definition is broad. It covers land used as pasture or in the commercial production of crops, forestry, horticultural products, fish hatcheries or aquaculture, and the keeping of livestock for commercial or noncommercial purposes. Agricultural accessory buildings and sales of farm products grown or produced on the premises are included. Domesticated chickens (allowed under Sec. 5.4, Accessory Uses and Structures), the commercial slaughtering of animals for marketing, and farm tenant dwellings are carved out of the definition.

Standard 1 sorts the Residential Suburban districts into two tiers. In RS-20, all agricultural uses are allowed. In every other RS district, only apiculture (the maintenance of honey bee colonies), commercial crop production, and forestry are allowed, so livestock and fish operations are off the table there.

Standard 2 removes a cost for roadside sellers. Where on-site sales are an accessory use under paragraph 5.2.2, no parking spaces are required for the retail sales as long as no permanent structures are proposed for selling.

Standard 3 bans aquaponics and aquaculture everywhere except the RR and RS-20 districts.

Standard 4 is a runoff rule. Sites must be designed and maintained so that fertilizer, compost, soils and any other materials do not spill or drain onto adjacent property, streams, or public or private stormwater collection systems.

Standard 5 is short: the sale of compost is prohibited.

Subsection B adds a City-only forestry rule. Forestry activities in the City must follow a Forest Management Plan that uses the current best management practices in the "Forest Practice Guidelines Related to Water Quality" adopted by the North Carolina Department of Environmental Quality. The UDO defines forestry as growing trees, harvesting timber or replanting trees under a management plan endorsed by the NC Division of Forest Resources.