You keep seeing “1 DUR” or “2 DURs” on rural listings near Berryville and wonder what it really means. If you plan to build, split land, or market acreage, understanding Dwelling Unit Rights can make or break your timeline and budget. In this guide, you’ll learn what DURs are, where they apply, how they are assigned, and the steps to confirm them before you buy or sell. Let’s dive in.
What a DUR is in Clarke County
A Dwelling Unit Right is the county’s way of limiting how many homes can be built on a rural parcel. DURs are defined and managed in Clarke County’s Zoning and Subdivision Ordinances, known as Chapter 200. They function as the county’s authorization to place a dwelling on a tract in certain rural districts.
DURs matter most in the Agricultural-Open Space-Conservation (AOC) and Forestal-Open Space-Conservation (FOC) districts. They set the number of principal dwellings you can pursue on a property under county rules. To see the governing rules, review Chapter 200, which applies to the unincorporated county outside town limits. You can start with the county’s page for the Zoning and Subdivision Ordinances (Chapter 200).
Where DURs apply around Berryville
If the property sits inside the Town of Berryville, town codes and processes apply, not the county’s Chapter 200. If the property is outside town limits in unincorporated Clarke County, DURs govern how many houses may be built. When in doubt, verify boundaries and zoning with county resources such as the maps and general planning documents.
How DURs are assigned
Clarke County uses a sliding-scale allocation in AOC and FOC. An acreage-based chart translates lot size into DURs. The county’s 2021 rewrite kept these rules in place. For exact counts, rely on the ordinance text and the county’s Guidance Manual. For background on the ordinance update and where to find current materials, see the county’s ordinance update project page.
DURs are tied to the land and county process. You generally cannot create an extra DUR outside formal steps like subdivision, rezoning, or other approvals set out in Chapter 200.
Buying or selling with DURs
If a listing says it has a certain number of DURs, that affects development potential and value, but it is not a building permit. You still need to show septic and well feasibility, meet setbacks and access requirements, and satisfy all building code and health approvals. The county’s forms and Guidance Manual explain testing and submission needs, which you can locate in the county documents and Guidance Manual folder.
Sellers should be ready to document DURs with a county verification or recorded plat notes. Buyers should plan their contingencies around septic, well, and title review even when a DUR exists.
Mergers, splits, and extra DURs
Clarke County has clarified how DURs are handled when lots are merged or split. A merger of lots cannot produce more DURs than were legally assigned before the merger. This closes a prior loophole and means you cannot gain DURs by combining parcels. Local coverage summarized these changes and related application handling updates in the Winchester Star’s reporting.
Due diligence checklist
Use this quick checklist before you make an offer or go live with a rural listing:
- Confirm the zoning district (AOC, FOC, RR, etc.) with county mapping or staff. Start with the county’s maps and planning resources.
- Request written confirmation of the parcel’s DUR count from the Clarke County Planning and Zoning Department. Ask for a zoning verification or staff comment.
- Review recorded plats, deeds, and any conservation easements. Easements can limit house sites and affect how DURs can be used. The county’s documents and forms folder is a helpful starting point.
- Verify septic and well feasibility with the Health Department. Even with a DUR, site conditions can limit approvals. The county’s Guidance Manual in the documents folder outlines testing steps.
- Check title, recorded restrictions, and lender liens. Certain application steps may require lienholder consent. Local reporting on county policy updates offers context on consent and application handling in the Winchester Star article.
How to confirm DURs step by step
- Identify the jurisdiction. First, confirm whether the parcel is inside the Town of Berryville or in unincorporated Clarke County.
- Contact Planning and Zoning. Request a written zoning verification for the parcel’s DUR count and any conditions from the county’s Planning and Zoning Department.
- Cross-check the rules. Review the allocation chart and procedures in Chapter 200 and the Guidance Manual found in the county’s documents folder.
- Add contingencies. Build in septic, well, title, and survey review to your contract timeline.
Risks and pitfalls to avoid
- Relying on marketing statements without documentation. Always ask for county verification and recorded documents.
- Mixing up town and county rules. If the land is inside Berryville, town code applies instead of Chapter 200.
- Assuming a DUR equals a permit. Health, access, and building standards still apply and can affect timing and cost.
If you want a grounded plan to buy or sell land with DURs near Berryville, you do not have to go it alone. Reach out to Gwak Homes for a clear strategy, coordinated vendor support, and hands-on guidance from offer to close.
FAQs
What is a dwelling unit right in Clarke County?
- A DUR is the county’s zoning allocation that sets how many principal dwellings may be built on a rural parcel under Chapter 200.
Do DURs apply inside the Town of Berryville?
- No, town properties follow the Town of Berryville’s ordinances; Chapter 200 applies to unincorporated Clarke County outside town limits.
How are DURs allocated on acreage in AOC or FOC?
- Clarke County uses a sliding-scale chart in Chapter 200; check the ordinance and request parcel-specific confirmation from Planning and Zoning.
Can I gain DURs by merging two lots near Berryville?
- No, recent county clarifications prevent mergers from creating new DURs beyond those already assigned at the time of filing.
Does having a DUR mean I can get a building permit?
- Not automatically; permits still require septic and well feasibility, access, setbacks, and compliance with health and building codes.
Who can confirm my property’s current DUR count?
- Clarke County’s Planning and Zoning Department can issue a written verification stating the parcel’s DURs and any conditions.
