Fence laws in Apex, North Carolina
What the Apex municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Apex sets no rule of its own, the North Carolina rule is shown in its place and marked as such.
Fence laws in Apex, North Carolina, question by question
The short version
- Who pays on the line
- All fencing in Apex has to be finished on the side facing a public right-of-way or adjacent properties, so the rule covers both the street and the neighbor rather than one or the other, and the answer turns on what the fence faces and whether it is residential. The figure is 4 feet, for setback from a public right-of-way.
- How tall
- No freestanding fence or wall in Apex may exceed seven feet, and the ordinance closes the usual gap in the same sentence by counting piers, posts and finials in that figure, and the answer turns on the yard, the use, and whether the Planning Director approves more. The figure is 7 feet, for freestanding fence or wall.
- Permits
- Every way past the seven foot limit in Apex runs through one office, and the answer turns on whether the Planning Director approves the extra height. The figure is 20 percent, for surface that may be damaged or peeling.
- Pool barriers
- The North Carolina pool safety statute is for public pools, and its scope section leaves out a private pool at a single family home used only by the people living there and their guests.
- Spite fences
- Apex has no spite fence statute. The chapters that were read are listed below. Cities and counties decide this one.
- Measured from what
- Apex handles the decorative cap question twice and reaches two different answers depending on the yard, and the answer turns on which limit the fence is being measured against. The figure is 6 inches, for post above a front yard fence.
- Corner lots
- Apex leaves corner clearance to city and county governing boards under Chapter 160D of the General Statutes.
- Retaining walls
- Apex leaves retaining walls to the North Carolina Residential Code, a volume of the North Carolina State Building Code adopted by the Residential Code Council.
- Materials
- A fence or wall in Apex has to be wood, stone, brick, decorative concrete block, wrought iron, a product made to resemble one of those, or a combination, and the answer turns on the district and what the fence encloses.
- Livestock
- North Carolina puts the duty on the livestock owner everywhere in the state.
Who owns the fence between two properties in Apex?
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Apex answers this, but the answer changes depending on what the fence faces and whether it is residential.
All fencing in Apex has to be finished on the side facing a public right-of-way or adjacent properties, so the rule covers both the street and the neighbor rather than one or the other. One place is carved out: in the Downtown Festival District the side facing an alley may be left unfinished. Where a non-residential fence or wall abuts a public right-of-way it has to sit at least four feet back from it, with at least three small evergreen shrubs every twenty feet planted on the side facing the right-of-way, walk, park or trail, and the planting may not go in the right-of-way itself. That fence also has to provide visual interest through different materials or decorative posts and finials. A residential fence abutting a major or minor thoroughfare owes the same visual interest, achieved through changes in setback or material, decorative posts with finials, or plants every twenty feet on the road side.
All fencing shall be finished on the side facing a public right-of-way or adjacent properties, except within the Downtown Festival District where the side facing an alley may be unfinished.
The answer turns on what the fence faces and whether it is residential.
- any fence
- Finished toward the street and toward the neighbors.
- a non-residential fence on a right-of-way
- Four feet back, with shrubs every twenty feet. 4 ft
- a residential fence on a thoroughfare
- Visual interest through setbacks, materials or planting.
Also on fences on the property line in Apex
- no rule, documents checkedNorth Carolina had a boundary fence law and threw it out. Chapter 68 still prints the heading Article 2, Division Fences, and the only thing under it says sections 68-6 through 68-14 were repealed by Session Laws 1971, chapter 741. Article 1, Lawful Fences, went at the same time. Nothing took their place, so the state has no rule at all on splitting the cost of a fence on the line. N.C.G.S. ch. 68North Carolina · Statute
How tall can a fence be in Apex?
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Apex answers this, but the answer changes depending on the yard, the use, and whether the Planning Director approves more.
No freestanding fence or wall in Apex may exceed seven feet, and the ordinance closes the usual gap in the same sentence by counting piers, posts and finials in that figure. In a front yard the limit falls to forty-eight inches. Two routes go higher and both run through the Planning Director. A non-residential fence or wall may be taller for security or screening, with the Director weighing topography, unique site conditions and the owner safety, security and screening needs. And vinyl coated chain link around a single-family recreational accessory use that normally needs height, a tennis court or a basketball court for instance, may be approved up to ten feet, with the Director weighing topography, existing and proposed screening, setbacks and the nature of the use. Fences are not allowed around detention and retention basins at all.
No freestanding fence or wall shall exceed seven feet in height including piers, posts, and finials.
The answer turns on the yard, the use, and whether the Planning Director approves more.
- a freestanding fence anywhere
- Seven feet, finials included. 7 ft
- a front yard
- Forty-eight inches. 48 in
- a tennis or basketball court fence
- Up to ten feet with the Planning Director. 10 ft
- a detention or retention basin
- No fence at all.
Also on fence height in Apex
- no rule, documents checkedNorth Carolina sets no statewide limit on how tall a fence at a house can be. The fence chapter that once held fence standards was repealed, and what is left is about livestock. The building permit statute draws its line at a dollar amount and names no height at all. The city or county development rules set the limit. N.C.G.S. ch. 68North Carolina · Statute
Do I need a permit for a fence in Apex?
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Apex answers this, but the answer changes depending on whether the Planning Director approves the extra height.
Every way past the seven foot limit in Apex runs through one office. A non-residential fence or wall may be higher for security or screening purposes with the approval of the Planning Director, who takes account of topography, unique site conditions and the unique safety, security and screening requirements of the property owner. The same official may approve vinyl coated chain link up to ten feet round a single-family recreational accessory use. There is no board, no hearing and no hardship test in either route, which makes the Director the whole of the appeal process for height in this section. Maintenance is the property owner obligation, or that of whoever the approved site plan names, and it carries a measurable test: no fence or wall may have more than twenty percent of its surface disfigured, cracked, ripped or with peeling paint, and none may stand with bent or broken supports or loose or missing appendages.
Non-residential fences or walls may be higher for security and/or screening purposes with approval by the Planning Director, after taking into account topography, unique site conditions, and unique safety, security, and screening requirements of the property owner (see Sec. 8.2.8 Screening).
The answer turns on whether the Planning Director approves the extra height.
- a non-residential fence over seven feet
- The Planning Director decides.
- a court or playground fence
- Up to ten feet, same office.
- the condition of a fence
- No more than a fifth of the surface damaged. 20%
Also on permits in Apex
- set in state lawNorth Carolina decides its home permit rule by price, not by height. Work on a single family home that costs forty thousand dollars or less and is done to the current State Building Code needs no permit. A short list of exceptions is left out of that, such as work on load bearing structures or changes to plumbing, heating or electrical systems. An ordinary yard fence costs far less than forty thousand dollars and hits none of those exceptions. N.C.G.S. 160D-1110(c)North Carolina · Statute
Pool fence requirements in Apex
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North Carolina answers this in its own law. The words that do it are quoted below.
The North Carolina pool safety statute is for public pools, and its scope section leaves out a private pool at a single family home used only by the people living there and their guests. It goes further than most states. The pool stays outside the statute even when guests book it through a rental app or pay a fee. One condition comes with that. Where money changes hands for access, the pool has to be kept in good and safe working order. The fence rule for a pool at a house comes from the North Carolina State Building Code instead.
This one is North Carolina law, not Apex law. All North Carolina findings
A private pool serving a single family dwelling and used only by the residents of the dwelling and their guests, regardless of whether their guests gain use of the private pool through a sharing economy platform or pay a fee for its use.
Spite fence laws in Apex
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Apex law has no rule about this. The chapters that were read are listed below. Cities and counties decide it instead.
North Carolina has no spite fence law. What is left of the fence chapter covers livestock running loose, penning up stray animals, and the ponies on the Outer Banks. It names no height and says nothing about why a fence went up. The building permit statute does not cover it either. A claim about a fence built to annoy a neighbor rests on nuisance law made by judges, and on city and county zoning.
This one is North Carolina law, not Apex law. All North Carolina findings
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 Apex
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Apex answers this, but the answer changes depending on which limit the fence is being measured against.
Apex handles the decorative cap question twice and reaches two different answers depending on the yard. Against the seven foot general limit, piers, posts and finials are counted in the height, so nothing is free. Against the forty-eight inch front yard limit, piers or posts and finials may extend up to six inches higher than the finished fence or wall height, so a front yard fence at the limit may carry a post cap reaching fifty-four inches. A berm is measured differently again and by slope rather than height: the slope of a berm may not exceed a three to one run to rise ratio, it has to be built to blend into the overall landscape and undulate to imitate the surrounding topography, and it has to drain well with at least the top foot of good quality topsoil.
Fences and walls in front yards shall not exceed 48 inches in height. Piers or posts and finials may extend up to 6 inches higher than the finished fence or wall height.
The answer turns on which limit the fence is being measured against.
- the seven foot general limit
- Piers, posts and finials are counted in it.
- the front yard limit
- Posts and finials get six inches over the fence. 6 in
- a berm
- A slope no steeper than three to one.
Also on how height is measured in Apex
- left to the townNorth Carolina never says where a fence height is measured from. What is left of Chapter 68 is about stock law fences and penned animals, and it carries no measuring rule. G.S. 160D-702 lets a local government set the height of buildings and other structures. The same section blocks a local government from controlling some design details of a house, and then puts height back outside that block, so height stays a local power. The point the measuring starts from goes with it. G.S. 160D-702(a)North Carolina · Zoning code
Fence rules for corner lots in Apex
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Apex does not set this. It leaves it to city and county governing boards under Chapter 160D of the General Statutes.
North Carolina has no clear view triangle in state law. Chapter 160D gathers local development power in one place and lets a local government set the height of structures and the size of yards and open spaces, so a corner rule comes from there. Chapter 136, the highways chapter, covers something else. It talks about seeing past a sign only for political signs put in the right of way, and it sets sight distance standards for driveway permits. Neither one is a rule about a fence on private land.
This one is North Carolina law, not Apex law. All North Carolina findings
a zoning regulation may regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of lots that may be occupied; the size of yards, courts, and other open spaces; the density of population; the location and use of buildings, structures, and land.
The code hands this to city and county governing boards under Chapter 160D of the General Statutes, which is not published in the code itself.
Retaining wall rules in Apex
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Apex does not set this. It leaves it to the North Carolina Residential Code, a volume of the North Carolina State Building Code adopted by the Residential Code Council.
North Carolina prints no retaining wall rule in its General Statutes. The Building Code Council and the Residential Code Council write and adopt the North Carolina State Building Code, and one of its volumes is the North Carolina Residential Code. Whether a wall that holds back earth needs a permit, and how it has to be built, both sit in that volume and not in the statute.
This one is North Carolina law, not Apex law. All North Carolina findings
The Building Code Council and Residential Code Council may prepare and adopt, in accordance with the provisions of this Article, a North Carolina State Building Code.
The code hands this to the North Carolina Residential Code, a volume of the North Carolina State Building Code adopted by the Residential Code Council, which is not published in the code itself.
Fence materials allowed in Apex
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Apex answers this, but the answer changes depending on the district and what the fence encloses.
A fence or wall in Apex has to be wood, stone, brick, decorative concrete block, wrought iron, a product made to resemble one of those, or a combination. Plywood, particleboard, sheet metal, concrete slabs and concrete barriers may not be used, and the list is expressly not exhaustive. Chain link is allowed but conditioned. In a non-residential district it has to be coated in black, brown or dark green vinyl, except on industrial land or for public utility purposes where no coating is required. In a residential district it is allowed only in side and rear yards of individual lots, may not be used by a subdivision developer for buffering or screening, and where it encloses a recreational accessory use such as a pool, tennis court or basketball court it has to be vinyl coated in one of the three colors. Barbed wire and similar materials may be used only with a permitted agricultural use or the permitted keeping of horses or livestock, or on top of another fence for safety in industrial and utility uses.
Materials such as, but not limited to, plywood, particleboard, sheet metal, concrete slabs, concrete barriers shall not be used for fencing or for walls.
The answer turns on the district and what the fence encloses.
- a residential lot
- Chain link in side and rear yards only, vinyl coated.
- a non-residential lot
- Chain link coated black, brown or dark green.
- barbed wire
- Only with farming, livestock, or on top of an industrial fence.
Also on materials in Apex
- set in state lawNorth Carolina sets one standard for a battery charged security fence and takes the question away from cities. The fence ties into a monitored alarm, sits on land not set aside for homes, and runs off a battery of no more than 12 volts. Its charger has to meet the International Electrotechnical Commission standard. It stands inside a fence or wall that carries no current and is at least 5 feet tall, reaches 10 feet, and carries WARNING-ELECTRIC FENCE signs no more than 30 feet apart. A city may not ban one on land that is not zoned for homes only. N.C.G.S. 160A-194.1North Carolina · Statute
Livestock and boundary fence law in Apex
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North Carolina answers this in its own law. The words that do it are quoted below.
North Carolina puts the duty on the livestock owner everywhere in the state. Letting livestock run loose is a Class 3 misdemeanor. Livestock here means horses and other animals like them, cattle, sheep, goats, llamas and swine. Anyone may catch and pen an animal found running loose and get back the cost of keeping it plus any damage, and none of that depends on whether the land was fenced.
This one is North Carolina law, not Apex law. All North Carolina findings
If any person shall allow his livestock to run at large, he shall be guilty of a Class 3 misdemeanor.
Also on agricultural fencing in Apex
- no rule, documents checkedNorth Carolina no longer says what a lawful fence is anywhere in state law. Chapter 68 is called Fences and Stock Law, and sections 68-1 through 68-14, where the old fence specification sat, were repealed in 1969 and 1971. What is left is the livestock law, the process for penning and selling a stray animal, and the Outer Banks sections. None of them set a height, a wire count, a board count or a post spacing. Money owed under the chapter does not depend on the land being fenced, so there is nothing left for a fence standard to hang on. N.C.G.S. ch. 68North Carolina · Statute
Documents behind this page
8 documents, of which 1 was published by Apex itself. Each was read on the date shown.
- 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
- Town of ApexApex Unified Development Ordinance, Article 8, Section 8.2.7, Fences, Walls, and Berms
- North Carolina General AssemblyNorth Carolina General Statutes, Chapter 130A, Article 8, Part 10, Public Swimming Pools
- North Carolina General AssemblyNorth Carolina General Statutes, Chapter 160D, Local Planning and Development Regulation
- North Carolina General AssemblyNorth Carolina General Statutes, Chapter 143, Article 9, Section 143-138, North Carolina State Building Code
- North Carolina General AssemblyNorth Carolina General Statutes, Chapter 160A, Section 160A-194.1, Regulation of battery-charged security fences
- North Carolina General AssemblyNorth Carolina General Statutes, Chapter 68, Fences and Stock Law, Article 3, Livestock Law
What this page does not cover
A city ordinance is not the only rule that reaches a fence. The zoning district a parcel sits in can change the height allowed on it, and so can an overlay district, a recorded easement, a fire hazard severity zone or a coastal zone. A homeowner association can be stricter than the city and nothing in the municipal code will say so. None of those appear here.
The rules above are the ones Apex publishes, plus the North Carolina rules that apply where the city sets none. Fence laws in North Carolina has the state layer in full.
This is general information drawn from published government documents. It is not legal advice, ordinances are amended, and the date beside each finding is the date the document was read. How findings are made · What the terms mean