Overview: Are Short-Term Rentals Allowed in Durham, Maine?

Short-term rentals are permitted in Durham, Maine, but there are no specific municipal STR regulations currently in place. Durham operates under its general Land Use Ordinance (adopted April 6, 2024), which does not contain dedicated short-term rental provisions. This means STRs fall under existing residential use categories and must comply with general zoning requirements, but they are not subject to the specialized licensing, registration, or operational restrictions found in other Maine municipalities like Portland, Bar Harbor, or Cape Elizabeth.

Key Points for STR Investors:

• STRs are treated as standard residential uses under Durham's zoning framework
• No annual registration fees or municipal STR licenses currently required
• Properties must comply with standard residential zoning requirements
• No caps on STR unit numbers or owner-occupancy requirements
• Basic performance standards apply (noise, parking, etc.)

How to Start a Short-Term Rental Business in Durham

Step 1: Zoning Compliance Verification

1. Determine your property's zoning district using Durham's Official Zoning Map
2. Verify STR use is permitted under Table 3.1 of the Land Use Ordinance
3. Confirm dimensional compliance (setbacks, height limits, lot coverage)

Step 2: Residential Use Requirements

Since STRs operate as residential dwelling units, ensure your property meets:

• Single-family dwelling standards (most common STR configuration)
• Accessory apartment requirements (if applicable)
• Home-based business limitations (if operating as such)

Step 3: Development Review Process

• Code Enforcement Review (CER) for permitted uses without additional permits
• Conditional Use Permit required for specific uses (see Table 3.1)
• Site Plan Review may be required for certain development activities

Step 4: Standard Compliance

• Building code compliance
• Plumbing and electrical standards
• Fire safety requirements
• Waste management systems
• Driveway and access management standards

Required Documents, Permits, Licenses, and Guidelines

Municipal Requirements (Current)

As of 2024, Durham does not require specific STR documentation:

• No annual STR registration
• No municipal STR license
• No STR-specific fees
• No host notification requirements

Standard Permits That May Apply:

1. Building Permit (for any structural modifications)
2. Electrical Permit (for new electrical work)
3. Plumbing Permit (for plumbing modifications)
4. Driveway Permit (if creating new access)
5. Conditional Use Permit (if required by specific use classification)

State-Level Compliance Requirements:

• Maine Revenue Services - Sales and use tax registration for lodging
• Maine Department of Health and Human Services - Food service licenses (if providing meals)
• Maine State Fire Marshal's Office - Life safety inspections for commercial lodging

Specific Regulations: Durham, County, and State Level

Durham Municipal Regulations (Limited STR-Specific Provisions)

Zoning Districts Where STRs Are Permitted:

• Rural Residential & Agricultural District (RRA): Most STRs will operate here
• Resource Protection District (RP): Very limited residential uses permitted
• Shoreland Overlay Districts: Additional restrictions apply

Dimensional Requirements (RRA District):

• Minimum Lot Size: 90,000 sq. ft. per dwelling unit
• Minimum Road Frontage: 300 feet
• Setbacks: 50' front, 20' sides, 20' rear for residential
• Maximum Height: 35 feet
• Maximum Impervious Coverage: 25%

Performance Standards Applicable to STRs:

• Noise Limits: 55 dB(A) 7am-7pm, 45 dB(A) 7pm-7am
• Parking Requirements: Adequate off-street parking for anticipated usage
• Waste Management: Proper trash collection and disposal
• Access Management: Driveway standards and sight distance requirements

County-Level Regulations (Androscoggin County)

No county-specific STR regulations identified. County regulations typically focus on broader development issues rather than specific lodging operations.

State-Level Maine Regulations

Municipal STR Framework Examples (Other Maine Towns):

From the provided state document, Maine municipalities have implemented various STR approaches:

Portland (most restrictive example):

• Annual registration required ($100-$4,000 based on occupancy type)
• Building limits based on total units in structure
• Owner-occupancy requirements being considered
• 500-foot notification requirements to neighbors

Bar Harbor:

• Annual registration with $250 fee
• Primary residence requirement for VR-1 classification
• Non-primary residence limits for VR-2 classification

Cape Elizabeth:

• $500 annual permit fee
• Primary residence requirements with occupancy limits
• Seven-acre exemption for non-primary residences

General State Requirements:

• 30-A M.R.S.A. §3001: Municipal ordinance authority
• Sales Tax: 9% on lodging charges
• Local Option Tax: Additional 1% (varies by municipality)
• Rooms Tax: 3% on lodging charges over $50

State Shoreland Zoning Requirements

Critical for Durham properties near water:

• 250-foot setback from great ponds and rivers
• 250-foot setback from large wetlands (10+ acres)
• 100-foot setback from perennial streams
• Resource Protection and Limited Residential sub-districts apply

Contact Information

Durham Municipal Contacts

Code Enforcement Officer

• Phone: (207) 353-2561
• Email: townclerk@durhammaine.gov
• Address: Town Office, 630 Hallowell Road, Durham, ME 04222
• Responsible for: Building permits, zoning compliance, code enforcement

Planning Board

• Phone: (207) 353-2561
• Contact: Through Town Clerk
• Responsible for: Conditional use permits, site plan review, subdivision approval

Board of Selectmen

• Phone: (207) 353-2561
• Email: townclerk@durhammaine.gov
• Responsible for: Policy decisions, municipal licensing (if implemented)

Town Clerk

• Phone: (207) 353-2561
• Email: townclerk@durhammaine.gov
• Responsible for: General municipal information, licensing records

State-Level Contacts

Maine Revenue Services

• Phone: (207) 626-8475
• Website: revenue.maine.gov
• Responsible for: Sales tax registration, lodging tax collection

Maine Department of Health and Human Services

• Phone: (207) 287-3707
• Website: maine.gov/dhhs
• Responsible for: Food service licensing, health regulations

Maine Department of Economic and Community Development

• Phone: (207) 624-9800
• Website: maine.gov/decd
• Responsible for: Tourism and lodging industry guidance

Links to Source Pages

Primary Durham Documents

1. Durham Land Use Ordinance (2024) - durhammaine.gov/uploads/attended_land_use_ordinance_2024.pdf
2. Durham Official Zoning Map - Contact Town Clerk for current map

State-Level STR Information

1. Maine STR Commission Report - legislature.maine.gov/doc/8864
2. Maine Revenue Services - Lodging Tax - www.maine.gov/revenue/for-businesses/sales-use-tax/lodging-tax
3. Maine STR Guidance Documents - Various state agency websites

Other Municipal Examples

• Portland STR Regulations - Contact Portland Planning Department
• Bar Harbor STR Registration - Contact Bar Harbor Code Enforcement
• Cape Elizabeth STR Ordinance - Contact Cape Elizabeth Planning Department

Important Note for STR Investors: While Durham currently has no specific STR regulations, this situation may change as municipalities statewide continue to develop STR frameworks. Investors should monitor Durham municipal meetings and consider the possibility of future STR-specific ordinances that might include registration requirements, fees, or operational restrictions similar to other Maine communities.