Durham County amends development rules to allow longer moratoria; commissioners vote unanimously

The Durham County Board of Commissioners unanimously adopted a text amendment to the county’s Unified Development Ordinance on June 22 that removes procedural restrictions and aligns local rules with state law so the county can impose longer development moratoria.

The amendment, presented by planning staff Robin Schultz, revises Article 3 of the UDO to eliminate redundant local standards and clarify the county’s authority to consider moratoria on development topics. Schultz said the change responds to recent questions about whether current local rules limit the county’s ability to pause permitting for particular types of development.

Supporters at the public hearing urged the board to pass the amendment so the county can study and, if needed, pause new data center construction. “When time comes, pass as strong of a data center moratorium as possible,” resident Afiyotu Jagun told commissioners. Charla Rios, citing county strategic goals on sustainable infrastructure, said the change would give officials “the time to look at and evaluate new changes.”

Vice Chair Alom thanked County Attorney Williamson and planning staff for bringing forward the change, saying the revision restores clarity about local authority in a state environment of restrictive preemption. Commissioner Valentine said she supports the amendment but asked staff to be thorough as the county considers next steps, including potential moratoria.

The board approved two motions: adoption of the ordinance amending the UDO and adoption of a consistency statement required by state law (North Carolina Gen. Stat. §160D-605). Both motions passed unanimously. Commissioners said that adopting the text amendment is a procedural step; specific moratoria—length, scope and enforcement—would be discussed separately.

What happens next: commissioners and staff said they expect follow-up discussions in coming weeks and months to consider the scope and duration of any moratoria and the criteria that would trigger them. Several public speakers urged a moratorium specifically on data centers to allow study of water use, air quality and tax impacts. County staff said they will return with policy options and a framework for how a moratorium could be applied in the future.