Annual Town Meeting

In April of 2023, the Zoning Map was revised to expand the Resource Protection District (RP) to follow Comprehensive Plan Recommendations for using State natural resources data as a basis for establishing the boundaries of the RP District. Based on public concerns over the accuracy of the State Data, the Maine Department of Inland Fisheries & Wildlife did a customized analysis of Durham that greatly reduced the amount of land meeting thresholds for Resource Protection. The proposed amendments will revise the boundaries of the RP District to match the updated, more accurate data.

The amendments will also establish a one hundred (100 ft) foot development buffer around existing buildings that are in the Resource Protection District to allow expansions without going before the Board of Appeals or Planning Board. For the more sensitive natural resource areas of stream buffers and buffers for waterfowl and wading bird habitats, building expansions will be allowed without Board review as long as they go no closer to the protected resource than the existing building footprint.

PROPOSED LAND USE ORDINANCE AMENDMENTS FOR THE APRIL 5, 2025 TOWN MEETING

PART 2 – DRAFT AMENDMENTS TO THE LAND USE ORDINANCE TO APPLY CONTRACT ZONING TO LARGE BATTERY ENERGY STORAGE OR SOLAR ENERGY SYSTEMS & ENACT BESS STANDARDS

Battery energy storage systems (BESS) are a developing technology and land use that has faced increasing scrutiny across the country out of concerns for safety and potential environmental impacts. Durham’s land use regulations are currently silent on this issue, and the Planning Board lacks regulatory authority and the growth management tools needed to effectively process any applications that could be submitted for this intensive land activity.

As recommended by the Town Attorney, the proposed amendments to the Land Use Ordinance incorporate contract zoning provisions for large Battery Energy Storage Systems (BESS) and Solar Energy Systems. Contract zoning provides a flexible framework for allowing specific developments while ensuring they align with the Town’s Comprehensive Plan and meet specific safety and environmental standards. This mechanism allows Town voters to review and approve proposals on a case-by-case basis, ensuring projects are consistent with Durham’s rural character, public safety, and environmental goals. The amendments emphasize public involvement and oversight to address safety risks associated with high-voltage energy systems and to identify acceptable locations for such developments.

Under the proposed changes, large-scale solar farms with a panel surface area exceeding 400,000 square feet of solar panel surface area (approximately 20 acres of development area) and BESS projects with capacities over 1 MWh (approximately 1 shipping container sized unit) will require contract zoning approval at Town Meeting. The approval process includes detailed application requirements, public hearings, and a joint review by the Planning Board and Board of Selectmen before being presented for a Town Meeting vote. This process ensures transparency and allows for the evaluation of potential impacts on the community, including safety, noise, and visual effects along with review of potential tax and other benefits that would be generated for the community.

Contract zoning agreements would include conditions and performance standards specific to each project, such as design requirements, contributions to municipal services, and environmental safeguards. By adopting contract zoning for large renewable energy projects, Durham aims to support renewable energy development and provide opportunities to increase the tax base while protecting its scenic and natural resources, ensuring that each project benefits the community as a whole.

As an extension of work done to equip the Town to respond to applications for solar farms, the Planning Board with assistance from the Town Planner and Fire Chief has developed draft amendments that incorporate the latest safety features being recommended for installation, operation, monitoring, and suppression of fires within facilities, which has been one of the major concerns.

Although large BESS projects would be an intensive land use by Durham standards, they provide one of the limited opportunities for economic development that could help the Town’s tax base to support needed services. The proposed BESS standards, in conjunction with the proposed contract zoning requirements will position Durham to consider such opportunities while protecting the Town from negative impacts on the environment and rural character of the community.

PROPOSED LAND USE ORDINANCE AMENDMENTS FOR THE APRIL 5, 2025 TOWN MEETING

PART 3 – DRAFT AMENDMENTS TO THE LAND USE ORDINANCE TO BRING DURHAM’S HISTORIC PRESERVATION REGULATIONS INTO COMPLIANCE WITH FEDERAL AND STATE REQUIREMENTS

The proposed amendments streamline and modernize Durham’s historic preservation processes. These amendments aim to align local regulations with federal and state guidelines, ensuring compliance while simplifying procedures for property owners. The focus has shifted from historic districts, which are lacking in Durham, to the individual properties listed or eligible for the National Register of Historic Places. Under the new framework, the Historic Commission will provide advisory reviews, while the Code Officer and Planning Board will handle final permit decisions, maintaining due process for applicants.

The proposed changes include a comprehensive update to Section 5.14 on historic resources and a full replacement of Article 12, which governs historic districts. Key updates outline clear standards for exterior modifications to historic properties, ensuring visual compatibility and preservation of architectural character. New guidelines emphasize minimal alteration of historic materials, maintenance of unique features, and compatibility with surrounding structures. Additionally, the amendments introduce standards for demolition, requiring structural evaluations and efforts to explore preservation alternatives before approval.

The creation of a restructured Historic Commission is central to these amendments. The commission will consist of appointed members tasked with advisory roles, community education, and maintaining Durham’s historical records. Administrative procedures now include detailed submission requirements, public notification protocols, and strict timelines to enhance transparency and efficiency. These changes aim to balance historic preservation with property owner rights, fostering a fair and practical approach to managing Durham’s cultural heritage.

(Back to top)

2024 Annual Report

Cover of 2024 Annual Report

Link to the Annual Report

Annual Town Meeting