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Planning board reviews codification of land-use ordinances, flags floodplain and definition updates
Summary
Durham planning staff presented a draft codification of the town's land-use ordinances on March 4, 2026, noting editorial consolidations, recommended strikeouts with explanatory notes, and updates required by FEMA/state floodplain guidance; the board scheduled further public hearings and a select-board review before town meeting.
At its March 4 meeting, the Durham Planning Board reviewed a draft codification that consolidates the town's land-use ordinances, cleans up legacy provisions and aligns floodplain language with state and FEMA guidance.
Planning staff described the draft as largely editorial in nature but said some deletions and restructuring are substantive. Staff offered three options for how deleted text could be presented in the public draft: show deleted text with strikethroughs, include a brief explanatory note where text is removed, or both. Staff recommended at minimum an explanatory note to help the public understand what has been removed and why.
On floodplain management, staff said the update pairs the town's language with state guidance and noted areas that now address features not previously covered, such as RV parks. The consultant/staff emphasized that floodplain changes are intended to preserve the town's eligibility for the National Flood Insurance Program and to conform to state-mandated wording.
A board member raised the definitions section and questioned whether a fence would be treated as a structure; another member and staff pointed to the draft definition (drawn from state DEP language) and agreed that a fence is not a structure under that wording. "A fence in all of this is not a structure," one committee member said, noting that fences would not trigger structure setbacks or building permits under the proposed definition.
Staff walked the board through a proposed public-engagement schedule: a first public hearing on the codification and minor policy changes on March 18, select-board consideration and a potential vote on April 14, final warrant language incorporated into the town meeting report, and the legally required public hearing on May 20 ahead of town meeting. Staff also explained that once the warrant goes to the town meeting report, no further changes to ordinance language are permitted at town meeting.
Board members identified a few areas for future review, including the table of uses (to consider additions such as doggy day care or battery energy systems), floodplain zone labeling, and whether consolidated penalty and severability language properly captures prior provisions. Staff said they would insert strikeouts and explanatory notes as directed and follow up with the board before the next public hearing.
Next steps: staff will prepare the March 18 public hearing materials and post the draft with proposed deletions/explanations. The select board is expected to vote on the draft in April, and the codified ordinances will appear on the town meeting warrant as scheduled.
