Thinking about buying or selling land in Clarke County and keep hearing about DURs? You are not alone. Dwelling Unit Rights can feel abstract until they change your lot yield, your timeline, or your bottom line. In this guide, you will learn what DURs mean in Clarke County’s rural districts, how they impact contracts and closings, and the concrete steps to verify them before you move forward. Let’s dive in.
What a Dwelling Unit Right means in Clarke County
A Dwelling Unit Right is an entitlement that represents permission for one dwelling unit under local zoning and subdivision rules. In Clarke County, DURs are the tool used to manage rural residential density, especially in the agricultural and forested districts often referenced locally as AOC and FOC.
The County’s goal is to preserve agricultural and open space values while directing where homes belong in rural areas. For you, DURs translate into how many homes may be approved across a property, how lots can be created, and when those rights become fixed on a plat.
DURs are not the same as a building permit. A DUR signals potential for a dwelling unit, while final lot creation still requires subdivision approval and recording steps. Keeping this distinction clear will protect your timeline and expectations.
Why DURs matter for your purchase or sale
DURs influence the economics and logistics of rural property in the Berryville area.
- Lot yield and value: The number of DURs can cap your maximum lot count, which drives land valuation and per‑unit returns.
- Timing: DURs may be allocated or banked only at certain plat stages. This affects how soon you can convert potential units into saleable lots.
- Title and closing: DUR allocations are recorded on plats or in related documents. Prior transfers, easements, or restrictions can change what you actually receive at closing.
- Financing: Lenders often require clear evidence that DURs exist or are recorded. Requirements can vary by lender, so plan for verification early.
How Clarke County allocates and records DURs
Where the rules live
Clarke County’s approach to DURs is set across several sources:
- Zoning Ordinance: Establishes density limits by district and provides the framework for DUR math in rural areas.
- Subdivision Ordinance: Covers how lots are created, how DURs are assigned to specific lots, and how allocations are recorded on plats.
- Comprehensive Plan: Lays out the policy direction for rural density and patterns like clustering or conservation design.
These rules can change. Always confirm current text and staff practice with the County.
Allocation mechanics to confirm
Because DUR programs are technical and locality‑specific, treat the checklist below as your verification roadmap rather than a shortcut:
- Base allocation formula: Counties often divide acreage by a factor to determine DURs. Confirm Clarke County’s current formula for AOC/FOC and whether net developable acreage is used.
- Minimum lot size vs. DUR count: Lot size rules and DUR allocations are not always the same thing. A property may physically fit more lots than the DUR count allows.
- Rounding rules: Ask how partial acres are handled and whether rounding up or down applies when calculating DURs.
- Transferability: Determine whether DURs can be reassigned between parcels. If any transfers are permitted, there is usually a formal recording process.
- Timing of allocation: Find out when DURs become fixed. Many programs establish or reserve DURs at specific plat stages.
- Banking or reserving: Some programs allow you to hold DURs for later use. Confirm whether Clarke County allows this and any limits or expirations.
- Conservation and clustering: Ask whether clustering or conservation easements affect DUR math or create incentives.
- Easements and excluded areas: Understand how floodplain, steep slopes, stream buffers, or road rights‑of‑way affect the acreage used for DUR calculations.
How DURs are shown in the record
DURs are often documented on recorded plats, in covenants or easements, or by county certificates. Ask when these rights are considered to run with the land, and what specific documents a title company expects to see for insurability.
A practical path to verify DURs on a Berryville parcel
Quick‑start checklist
Use this simple list to reduce surprises:
- Identify the parcel’s zoning district and any overlays in the County’s GIS.
- Ask the County for the current DUR formula that applies to the parcel’s district.
- Pull recorded plats and deeds for any prior allocations, transfers, or conservation easements.
- Request a written zoning determination or staff confirmation of the parcel’s DUR count.
- If you plan to subdivide, get a preliminary yield study from an engineer based on current rules.
- Align lender documentation needs with how the County evidences DURs.
Step‑by‑step example flow
Confirm zoning. Check if the property is in AOC or FOC. Note any overlays such as floodplain or steep slopes.
Understand the allocation method. Ask Planning and Zoning for the exact formula, how rounding works, and whether any land area is excluded in the calculation.
Review the record. Have your title company or attorney search for recorded plats, DUR allocations, any transfers to or from the parcel, and any easements that restrict development.
Evaluate constraints. Use an engineer or surveyor to map features that may reduce net developable acreage.
Request County confirmation. Obtain a written staff determination of DURs and any conditions that apply to the parcel. If you are moving toward subdivision, understand what will be required at preliminary and final plat.
Coordinate with your lender. Share the County’s documentation so underwriting can confirm what will be acceptable for financing.
Price and plan accordingly. Model best‑case, expected, and conservative lot yields based on DURs and site constraints before you finalize terms.
Contracts, closings, and pro formas
Smart contract contingencies
Protect yourself with clear, time‑bound terms:
- DUR verification contingency: Tie feasibility and pricing to the County’s current ordinance and staff interpretation.
- Seller document delivery: Require recorded plats, DUR allocations, and any transfer or easement documents.
- Responsibility and timing: Assign who will order the title search, surveys, and County letters, and set deadlines.
- Transfer contingencies: If you need DUR transfers to meet your lot yield, make closing contingent on obtaining and recording them.
Build a realistic timeline and budget
Be conservative with timing and cost assumptions:
- Timing: Account for preliminary and final plat steps, County review periods, and the window when DURs become fixed.
- Soft costs: Include County application fees, surveying and engineering, legal and title work, and any fees related to DUR transfers if applicable.
- Contingency reserve: Add a buffer for potential changes in DUR math or delays in approvals.
Closing and recording readiness
Before you close, align your file with County and title requirements:
- Confirm recorded status of any DUR allocation or transfer documents.
- Obtain County confirmation that the allocation is accepted and properly shown on the plat.
- Ensure title insurance reflects any covenants or easements tied to DURs and addresses exceptions.
When to call in specialists
Complex rural deals benefit from the right team. Consider involving:
- County planner: For written DUR counts and clarification of current practice.
- Land use attorney or planning consultant: For complex transfers, conservation easements, or disputed entitlement math.
- Title company: To confirm recorded transfers or encumbrances and advise on insurability.
- Engineer or surveyor: For net developable acreage, yield studies, and platting requirements.
If you want introductions to trusted local pros, ask early so you can streamline due diligence and keep your timeline on track.
Common pitfalls to avoid
- Assuming DURs equal buildable lots. A DUR is an entitlement, not a final approval. You still need plat approvals and recording.
- Overlooking prior transfers. A seller may have conveyed DURs away or reserved them, which reduces what you receive.
- Ignoring constraints. Floodplain, slopes, or easements can reduce acreage used in DUR math.
- Misreading lender requirements. Many lenders want recorded evidence, not just preliminary allocations.
- Skipping written County confirmation. Staff letters help align expectations across buyer, seller, lender, and title.
Next steps for Clarke County buyers and sellers
If you are weighing a rural purchase or planning to sell acreage near Berryville, treat DURs as a core part of your strategy. Start with zoning and recorded documents, verify the County’s current formula and timing, and price your deal against best‑case and conservative yields. A clear path through DURs will save you time, protect value, and reduce surprises at closing.
Looking for a calm, step‑by‑step approach tailored to acreage and lifestyle properties in Northern Virginia? Let’s talk through your goals, map the DUR path, and coordinate the right team for a smooth process. Connect with Unknown Company to Book an Appointment.
FAQs
What are Dwelling Unit Rights in Clarke County?
- DURs are entitlements that represent permission for one dwelling unit under local zoning and subdivision rules, used to manage rural density in districts like AOC and FOC.
How do I find how many DURs my parcel has?
- Confirm the zoning, apply the County’s current formula, check for prior transfers on recorded plats and deeds, and request written confirmation from Planning and Zoning.
Are DURs transferable between parcels in Clarke County?
- Transferability depends on County rules and procedures; verify with the ordinance and staff, and ensure any permitted transfer is documented and recorded.
Do DURs guarantee lot approvals or building permits?
- No. A DUR is an entitlement, while final lots and permits require subdivision approvals, recording, and compliance with other standards.
Can DURs expire or be banked for later use?
- Some programs allow banking or set time limits; confirm Clarke County’s current rules on any banking or expiration conditions.
Will my lender accept a DUR shown only on a preliminary plat?
- Many lenders require recorded evidence or County certificates; check your lender’s requirements early and coordinate with County and title.
