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  1. Home
  2. ·
  3. Regulations
  4. ·
  5. New Hampshire
  6. ·
  7. Durham

Durham

Prohibited
New HampshireUpdated Mar 30, 2026
Gold-standard verification1% sourced

Cross-referenced against 0 official sources — municipal codes, planning-department pages, and government registries.

Verified Feb 8, 2026Sources 0

Summary

Plain-english overview

Short-term rentals in Durham are restricted to owner-occupied primary residences where the host must remain on-site overnight during all guest stays.

Restriction level

Severity 100
Classification
Prohibited
100
Severity

Why this classification

  • Primary residence required
  • Owner-occupied required
  • Host presence required (hosted-only)
  • Limited to 1 property per owner
  • Tenants cannot host
  • Permit required
  • Reporting required
  • No night cap

In plain English

What this means for you

You can only operate a short-term rental in Durham if the property is your primary home and you are physically present overnight while guests are there. You must obtain a permit from the town and pass a safety inspection; if your home is in a residential zone, you will likely need a 'Special Exception' from the Zoning Board of Adjustment first.

At a glance

Key numbers
Permit requiredYes
Night limitNone
Primary residenceRequired
Total tax rate0.1%
Permit fee$25
Processing time4-8 weeks

5 things hosts often miss

Common compliance gaps
  1. 1Owner MUST stay on the premises overnight while guests are present.
  2. 2Unhosted/Whole-home rentals where the owner is absent are effectively prohibited in residential zones.
  3. 3Maximum of 3 sleeping rooms can be rented out.
  4. 4RVs, campers, and tents are strictly prohibited for guest use.
  5. 5Signage is restricted to one non-illuminated sign of 2 square feet or less.

Regulation details

Sourced from official code
Eligibility10 rules
  • Durham: Unhosted/Whole-home rentals where the owner is absent are effectively prohibited in residential zones.
  • Durham: The permit holder must personally manage the listing - third-party property managers may not be allowed.
  • Durham allows STRs in the following property types: Single Family Residence.
  • Durham limits hosts to a maximum of 1 STR properties per owner.
Requirements11 rules
  • Durham STR warning: Unhosted/Whole-home rentals where the owner is absent are effectively prohibited in residential zones.
  • Durham STR warning: Signage is restricted to one non-illuminated sign of 2 square feet or less.
  • Durham does not require liability insurance for STR hosts, but it is strongly recommended.
  • Durham STR warning: RVs, campers, and tents are strictly prohibited for guest use.
Application process8 rules
  • Durham STR permit - Step 4: Submit Short-Term Rental Permit Application. Submit the final application to the Zoning Administrator with proof of primary residence and safety compliance. Required documents: ZBA Approval letter, Inspection report, NH Rooms tax ID. Time: 1 week.
Fees & costs2 rules
  • Durham: Signage is restricted to one non-illuminated sign of 2 square feet or less.
  • Durham charges a registration fee of $25 (one_time). Extended/additional fee: $325 (Zoning Board Special Exception fee (~$100) plus legal notice (~$225) and abutter notifications (~$9/each) may be required for residential zones.).
Taxes1 rule
  • New Hampshire has a state sales tax of 0.085% that applies to STR rentals.
Limits & restrictions7 rules
  • Durham: Maximum of 3 sleeping rooms can be rented out.
  • Durham enforces quiet hours: 10:00 PM - 7:00 AM.
  • Durham: Each person can only register ONE property for short-term rental. You cannot legally operate multiple STRs.
  • Durham: Owner MUST stay on the premises overnight while guests are present.
  • Durham limits stays to a maximum of 29 nights.
Safety requirements1 rule
  • Durham requires the following safety measures for STRs: smoke detectors, CO detectors, fire extinguisher, fire inspection, posted maximum occupancy, posted emergency contact, Periodic safety inspections, Building and Life Safety Code compliance, Evacuation plan posted.
Penalties3 rules
  • Durham: Repeated violations can result in permanent permit revocation. You would lose the ability to operate any STR.
  • Durham: Serious or repeated STR violations can result in criminal charges, not just fines.
Exemptions2 rules
  • Durham: Rentals of 30+ days are generally NOT considered short-term rentals and may be exempt from STR regulations (but may have other requirements).
  • Durham exempts the following from STR regulations: long-term rentals (30+ days), Traditional Bed and Breakfast, Hotels, Inns.

How to get permitted

Step-by-step guide for Durham

0/4
steps completed
Step 1

Register for NH Meals and Rentals Tax

Obtain a Meals and Rentals Tax License from the New Hampshire Department of Revenue Administration (NH DRA).

1-2 weeksFree
Documents needed
  • Business Information
  • Owner ID
Official resource
Step 2

Apply for Special Exception (If Required)

If the property is in a residential zone (R, RA, RB, RC), apply to the Zoning Board of Adjustment (ZBA) for a Special Exception to operate a short-term rental.

4-6 weeks$325
Documents needed
  • Site plan
  • Narrative of use
  • List of abutters within 300 feet
Official resource
Step 3

Schedule Fire and Life Safety Inspection

Contact the Durham Fire Department and Code Enforcement to schedule a mandatory inspection of the sleeping rooms and common areas.

1-2 weeks$25
Documents needed
  • Floor plan indicating egress
Official resource
Step 4

Submit Short-Term Rental Permit Application

Submit the final application to the Zoning Administrator with proof of primary residence and safety compliance.

1 weekFree
Documents needed
  • ZBA Approval letter
  • Inspection report
  • NH Rooms tax ID
Official resource

Frequently asked questions

1 answered

Disclaimer

Regulatory information is AI-researched from public city/county codes for educational purposes. Details may be outdated or incomplete. Always verify requirements directly with your city/county planning department before operating a short-term rental.

Researched & verified by Learn STR at GoStudioM

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