Fence laws in Jacksonville, North Carolina
What the Jacksonville municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Jacksonville sets no rule of its own, the North Carolina rule is shown in its place and marked as such.
Fence laws in Jacksonville, North Carolina, question by question
The short version
- Who pays on the line
- The location list settles the boundary in three words: fences are permitted on property lines, and the answer turns on what the fence would occupy or divert. The figure is 30 days, for time damage may go unrepaired.
- How tall
- Jacksonville draws its residential line at the front wall of the principal building rather than at a setback, and the answer turns on whether the fence is in front of or behind the front wall of the house. The figure is 4 feet, for fence in front of the house.
- Permits
- Two exemptions run through the City Manager, and the answer turns on whether the applicant files a security plan or claims impracticality.
- 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
- Jacksonville has no spite fence statute. The chapters that were read are listed below. Cities and counties decide this one.
- Measured from what
- Jacksonville leaves the measuring rule to a zoning regulation adopted by a local government.
- Corner lots
- Jacksonville states the visibility rule as a standard rather than a triangle and sends the dimensions to the engineering document, and the answer turns on the standards in the Manual of Specifications, Standards and Design.
- Retaining walls
- Jacksonville 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
- The customary materials are treated wood posts and planks, rot-resistant wood such as cypress or redwood, wrought iron, decorative metal, chain link, brick, stone, masonry, products designed to resemble those, or anything else the City Manager accepts, in any combination, and the answer turns on the material and whether a security plan or farm use applies.
- Livestock
- North Carolina puts the duty on the livestock owner everywhere in the state.
Who owns the fence between two properties in Jacksonville?
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Jacksonville answers this, but the answer changes depending on what the fence would occupy or divert.
The location list settles the boundary in three words: fences are permitted on property lines. No consent from the adjoining owner is required, no setback is set and nothing is said about which way the finished side faces or who pays. What the same list does bar is a fence inside any easement or right-of-way, and a front or side street yard fence placed so that it blocks a sidewalk. Alongside those, a separate requirement protects the water: no fence may be installed so as to block or divert a natural drainage flow onto or off any other land, which is written about the effect on the neighbor land rather than about the position of the fence. Maintenance carries its own clock, with no fence allowed to have more than twenty percent of its surface disfigured, cracked, missing or with peeling paint for more than thirty successive days.
No fence shall be installed so as to block or divert a natural drainage flow on to or off of any other land.
The answer turns on what the fence would occupy or divert.
- a shared property line
- A fence is permitted on it.
- an easement or right-of-way
- No fence in it.
- a damaged fence
- A fifth of the surface, for thirty days at most. 30 days
Also on fences on the property line in Jacksonville
- 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 Jacksonville?
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Jacksonville answers this, but the answer changes depending on whether the fence is in front of or behind the front wall of the house.
Jacksonville draws its residential line at the front wall of the principal building rather than at a setback. A fence or wall in front of that wall may not be greater than four feet. Behind it the limit is six. Nonresidential properties are allowed eight feet. Two exemptions lift the heights entirely. Customary fencing forming part of a permitted tennis court, athletic field or other recreational facility is exempt from the height restrictions altogether. And major utilities, wireless communication towers, government facilities and other public safety uses may go to eight feet in front, side and rear yards, or higher through an approved security plan. Those same uses may also use barbed or concertina wire and above ground electrified fencing without any security plan at all.
Fences and walls located in front of the front wall of the principal building shall not be greater than 4 feet in height.
The answer turns on whether the fence is in front of or behind the front wall of the house.
- in front of the front wall
- Four feet. 4 ft
- behind the front wall
- Six feet. 6 ft
- a nonresidential property
- Eight feet. 8 ft
- a tennis court or athletic field
- Exempt from the height restrictions.
Also on fence height in Jacksonville
- 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 Jacksonville?
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Jacksonville answers this, but the answer changes depending on whether the applicant files a security plan or claims impracticality.
Two exemptions run through the City Manager. A site security plan may be submitted by an owner, a tenant, or a representative of a public agency responsible for a public facility, proposing fences taller than the section allows or barbed or concertina wire on top of one. It is approved, or approved with conditions, on two findings: that the land or the materials on it are in significantly greater danger of theft or damage than surrounding land, and that the result will not significantly harm the security, functioning, appearance or value of adjacent land or the surrounding area. Separately, and more broadly, the City Manager may grant an exemption where extenuating circumstances such as topography make compliance impractical. That second route needs no danger, no plan and no findings, which makes it the widest discretion in the section.
The City Manager or their designee may grant exemption where extenuating circumstances, such as topography, make compliance impractical.
The answer turns on whether the applicant files a security plan or claims impracticality.
- a security plan
- Two findings, and it may allow wire and extra height.
- topography or another extenuating circumstance
- A straight exemption from the City Manager.
- a utility or government facility
- Eight feet and wire without any plan.
Also on permits in Jacksonville
- 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 Jacksonville
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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 Jacksonville 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 Jacksonville
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Jacksonville 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 Jacksonville 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 Jacksonville
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Jacksonville does not set this. It leaves it to a zoning regulation adopted by a local government.
North 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.
This one is North Carolina law, not Jacksonville 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 a zoning regulation adopted by a local government, which is not published in the code itself.
Fence rules for corner lots in Jacksonville
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Jacksonville answers this, but the answer changes depending on the standards in the Manual of Specifications, Standards and Design.
Jacksonville states the visibility rule as a standard rather than a triangle and sends the dimensions to the engineering document. No fence or wall may be located so that it substantially interferes with the view or vision necessary for motorists to proceed safely on public or private rights of way, as specified in the Manual of Specifications, Standards and Design. Two things are worth noting. The word substantially sets a threshold, so a fence that interferes slightly is not caught by the sentence itself. And private rights of way are named alongside public ones, so a fence beside a private drive in a subdivision falls under the same rule. The four foot limit in front of the house does the dimensional work on an ordinary lot.
No fence or wall may be located so that is substantially interferes with the view or vision necessary for motorists to proceed safely on public or private right of ways, as specified in the Manual of Specifications, Standards and Design (MSSD).
The answer turns on the standards in the Manual of Specifications, Standards and Design.
- a public or private right of way
- Nothing that substantially interferes with a driver view.
- the dimensions
- They are in the design manual, not the ordinance.
- a front yard fence
- Four feet, which does the dimensional work.
Also on corner visibility in Jacksonville
- left to the townNorth 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. G.S. 160D-702North Carolina · Zoning code
Retaining wall rules in Jacksonville
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Jacksonville 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 Jacksonville 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 Jacksonville
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Jacksonville answers this, but the answer changes depending on the material and whether a security plan or farm use applies.
The customary materials are treated wood posts and planks, rot-resistant wood such as cypress or redwood, wrought iron, decorative metal, chain link, brick, stone, masonry, products designed to resemble those, or anything else the City Manager accepts, in any combination. Where particular materials are specified for a screening or buffering fence, every other material is prohibited for that fence. Barbed wire, concertina wire and above ground electrified fences are prohibited in all zoning districts unless allowed through an approved security plan or a bona fide agricultural use, and underground electric fences for controlling domestic animals are expressly allowed. Fences of debris, junk, rolled plastic, sheet metal, plywood, tires or waste material are prohibited in all districts unless the material has been recycled and reprocessed for sale to the public as a building material that resembles new material.
Fences or walls made of debris, junk, rolled plastic, sheet metal, plywood, tires, or waste materials are prohibited in all zoning districts unless such materials have been recycled and reprocessed, for marketing to the general public, as building materials that resemble new building materials (e.g., picket fencing made from recycled plastic and fiber).
The answer turns on the material and whether a security plan or farm use applies.
- barbed or concertina wire
- Prohibited without a security plan or a farm use.
- an underground pet fence
- Allowed.
- reclaimed material
- Allowed once reprocessed to resemble new material.
Also on materials in Jacksonville
- 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 Jacksonville
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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 Jacksonville 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 Jacksonville
- 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 Jacksonville 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
- City of JacksonvilleJacksonville Unified Development Ordinance, Article 5, Section 5.4, Fences and Walls
- 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 Jacksonville 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