Fence laws in North Carolina
What North Carolina statutes and statewide codes say about fences, one topic at a time, with the section number and a link to the document behind every line.
North Carolina fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Silent | no figure | N.C.G.S. ch. 68 |
| Fence height | Silent | no figure | N.C.G.S. ch. 68 |
| Permits | Stated | no figure | N.C.G.S. 160D-1110(c) |
| Pool barriers | Stated | no figure | N.C.G.S. 130A-280 |
| Spite fences | Silent | no figure | N.C.G.S. ch. 68 |
| How height is measured | Not researched yet | no figure | none |
| Corner visibility | Not researched yet | no figure | none |
| Retaining walls | Not researched yet | no figure | none |
| Materials | Not researched yet | no figure | none |
| Agricultural fencing | Not researched yet | no figure | none |
Fence laws in North Carolina, question by question
Who owns the fence between two properties in North Carolina?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
North Carolina used to have a division fence law and repealed it. Chapter 68 still carries the heading Article 2, Division Fences, and under it the entry reads that sections 68-6 through 68-14 were repealed by Session Laws 1971, chapter 741. Article 1, Lawful Fences, was repealed in the same period. Nothing replaced them, so there is no statewide rule on splitting the cost of a boundary fence.
Documents read before writing that:
- N.C.G.S. ch. 68North Carolina General Assembly
- N.C.G.S. 160D-1110North Carolina General Assembly
How tall can a fence be in North Carolina?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
North Carolina sets no statewide limit on residential fence height. The fence chapter that once held fence standards was repealed and the surviving sections are about livestock. The building permit statute draws its line at a dollar figure and names no height at all. Height is set by city and county development ordinances.
Documents read before writing that:
- N.C.G.S. ch. 68North Carolina General Assembly
- N.C.G.S. 160D-1110North Carolina General Assembly
Do I need a permit for a fence in North Carolina?
StatedThe code gives a plain answer, and the line it appears on is quoted.
North Carolina sets its residential permit exemption by dollar value rather than by height, which makes it unusual. Work on a single family residence costing forty thousand dollars or less and done to the current State Building Code needs no permit, unless it falls into one of the listed exceptions such as load bearing structures or changes to plumbing, heating or electrical systems. A typical yard fence sits well under that figure and touches none of the exceptions.
No permit issued under Article 9 of Chapter 143 of the General Statutes is required for any construction, installation, repair, replacement, or alteration costing forty thousand dollars ($40,000) or less and performed in accordance with the current edition of the North Carolina State Building Code in any single-family residence, farm building, or commercial building
Pool fence requirements in North Carolina
StatedThe code gives a plain answer, and the line it appears on is quoted.
North Carolina's pool safety statute is written for public pools and says in its scope section that it does not apply to a private pool serving a single family dwelling used only by the residents and their guests. One string is attached. Where a fee is charged for access to such a pool, the statute requires it to be kept in good and safe working order. Barrier rules for a home pool come from the North Carolina State Building Code instead.
A private pool serving a single family dwelling and used only by the residents of the dwelling and their guests.
Spite fence laws in North Carolina
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
North Carolina has no spite fence statute. What is left of the fence chapter is about livestock running at large, impounding animals, and ponies on the Outer Banks, with no height trigger and nothing about intent. The building permit statute is silent on it too. A claim over a fence built to annoy a neighbor rests on common law and on local zoning.
Documents read before writing that:
- N.C.G.S. ch. 68North Carolina General Assembly
- N.C.G.S. 160D-1110North Carolina General Assembly
How fence height is measured in North Carolina
Not researched yet for North Carolina. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in North Carolina
Not researched yet for North Carolina. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in North Carolina
Not researched yet for North Carolina. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in North Carolina
Not researched yet for North Carolina. Nothing on this page states what the rule is, because nothing has been read that says.
Livestock and boundary fence law in North Carolina
Not researched yet for North Carolina. Nothing on this page states what the rule is, because nothing has been read that says.
Documents behind this page
3 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- North Carolina General AssemblyNorth Carolina General Statutes, Chapter 68, Fences and Stock Law
- North Carolina General AssemblyNorth Carolina General Statutes, Chapter 160D, Article 11, Building Permits
- North Carolina General AssemblyNorth Carolina General Statutes, Chapter 130A, Article 8, Part 10, Public Swimming Pools
What this page does not cover
Everything above is state law. Fence height, setback, corner visibility and materials are set by city and county ordinance in almost every state, and a local rule can be far stricter than the statewide default. A parcel can also carry an easement, an overlay district, a fire hazard zone or a recorded HOA restriction, none of which appear in a statute.
This is general information drawn from published government documents. It is not legal advice, statutes are amended, and the date beside each finding is the date the document was read. How findings are made · What the terms mean