Fence laws in Wilmington, North Carolina
What the Wilmington municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Wilmington sets no rule of its own, the North Carolina rule is shown in its place and marked as such.
Fence laws in Wilmington, North Carolina, question by question
The short version
- Who pays on the line
- A fence, wall or screen in Wilmington has to be installed with the finished side facing adjoining properties and rights-of-way, so the rule reaches every boundary of a lot at once rather than only the one facing the street.
- How tall
- In a Wilmington residential district a fence in any side or rear yard may reach eight feet, which is generous, and a fence in a front yard is held to four, and the answer turns on the district and which yard the fence stands in. The figure is 8 feet, for residential side or rear fence.
- Permits
- The four foot front yard limit can be lifted to six feet, but only through the board of adjustment and only where the front yard faces a thoroughfare as the city Technical Standards and Specifications Manual defines one, and the answer turns on whether the front yard faces a thoroughfare and what the board requires. The figure is 6 feet, for front yard fence allowed by variance.
- 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
- Wilmington has no spite fence statute. The chapters that were read are listed below. Cities and counties decide this one.
- Measured from what
- Wilmington gives the datum its own subsection and puts it on the neighbor land: the height of a fence, wall or screen is measured from the average undisturbed grade of the adjacent property.
- Corner lots
- Wilmington writes its vision clearance rule as a band rather than as a single ceiling, and the answer turns on the height band and which manual sets the triangle. The figure is 30 inches, for bottom of the clear band in the triangle.
- Retaining walls
- Wilmington 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
- Wilmington handles dangerous wire with a height rather than a ban, and the answer turns on the material, the yard and how high on the fence it sits. The figure is 6 feet, for height below which injuring wire is barred.
- Livestock
- North Carolina puts the duty on the livestock owner everywhere in the state.
Who owns the fence between two properties in Wilmington?
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Wilmington answers this in its own law. The words that do it are quoted below.
A fence, wall or screen in Wilmington has to be installed with the finished side facing adjoining properties and rights-of-way, so the rule reaches every boundary of a lot at once rather than only the one facing the street. The code allows a fence for privacy or security in any required yard, and asks for no consent from the adjoining owner, no setback from the boundary and no allocation of cost. Two other obligations sit near the line. A fence may not impede access by emergency services to the subject property or to the properties around it. And a separate section of the land development code deals with encroachment by a building, fence or wall into a street right-of-way, which is where a fence that crosses onto public land is handled.
A fence, wall, or screen shall be installed with the finished side facing adjoining properties and rights-of-way.
Also on fences on the property line in Wilmington
- 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 Wilmington?
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Wilmington answers this, but the answer changes depending on the district and which yard the fence stands in.
In a Wilmington residential district a fence in any side or rear yard may reach eight feet, which is generous, and a fence in a front yard is held to four. The eight foot figure does not apply in a locally designated historic district or historic overlay, which are carved out of the whole subsection. Two kinds of fence are outside the height limits entirely: those around electric and gas substations, water and sewer treatment plants, municipal water storage, waste treatment and government facilities, and chain link fences surrounding tennis courts or ball field backstops, though a private tennis court fence still has to sit within the accessory use setbacks for its district. In nonresidential districts the rule is stricter at the street than in housing, holding any visual obstruction to three feet in a yard adjacent to a street.
Within any side or rear yard, the maximum height for any fence shall be eight (8) feet;
The answer turns on the district and which yard the fence stands in.
- a residential side or rear yard
- Eight feet. 8 ft
- a residential front yard
- Four feet. 4 ft
- a nonresidential yard on a street
- Three feet. 3 ft
- a substation, treatment plant or ball field backstop
- No height limit.
Also on fence height in Wilmington
- 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 Wilmington?
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Wilmington answers this, but the answer changes depending on whether the front yard faces a thoroughfare and what the board requires.
The four foot front yard limit can be lifted to six feet, but only through the board of adjustment and only where the front yard faces a thoroughfare as the city Technical Standards and Specifications Manual defines one. The variance application has to address the factors the section sets out, and the board weighs all technical evaluations, all relevant factors and the manual before deciding. Two conditions are written into the section rather than left to the board. The fence has to be set back at least half the required front yard setback for the district or fifteen feet, whichever is greater. And at least half the area above four feet has to be open along the entire length, so clear vision is possible from one side to the other. The board may add further conditions to maintain safe access, ingress and egress to the subject property and the ones around it.
At least fifty (50) percent of the area of the fence, wall, or screen above four (4) feet shall be open along the entire length such that clear vision is possible from one side to the other; and
The answer turns on whether the front yard faces a thoroughfare and what the board requires.
- a front yard on a thoroughfare
- Six feet by variance from the board of adjustment. 6 ft
- the setback for that fence
- Fifteen feet, or half the required front setback if greater. 15 ft
- the part above four feet
- Half open along the whole run. 50%
Also on permits in Wilmington
- 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 Wilmington
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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 Wilmington 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 Wilmington
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Wilmington 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 Wilmington 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 Wilmington
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Wilmington answers this in its own law. The words that do it are quoted below.
Wilmington gives the datum its own subsection and puts it on the neighbor land: the height of a fence, wall or screen is measured from the average undisturbed grade of the adjacent property. Three words are doing work there. Average smooths out a slope rather than reading the fence at its tallest point. Undisturbed means the ground as it was, so bringing in soil or building a berm underneath gains nothing. And adjacent property moves the reading off the builder own lot entirely, which is the opposite of the common rule and means a fence on the high side of a boundary is judged from the low side. The section sets no post depth, no footing and no spacing, dealing with the fence above ground only.
The height of a fence, wall, or screen shall be measured from the average undisturbed grade of the adjacent property.
Also on how height is measured in Wilmington
- 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 Wilmington
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Wilmington answers this, but the answer changes depending on the height band and which manual sets the triangle.
Wilmington writes its vision clearance rule as a band rather than as a single ceiling. Inside the triangular sight distance, nothing may occupy the space between thirty inches above ground level and ten feet above ground level, and the list of what is caught is long: parking spaces, fences, walls, posts, lights, shrubs, trees and any other obstruction not specifically exempted. Keeping the band open above thirty inches and below ten feet is what lets a tree with a high canopy stand in the triangle while a hedge cannot. The dimensions of the triangle itself are in the city Technical Standards and Specifications Manual, and for an intersection with a listed major thoroughfare the required sight distance follows the American Association of State Highway and Transportation Officials standards for a roadway of similar character instead. The fence section hooks into all of it by making compliance with Section 18-556 the first condition of putting a fence in any required yard.
no parking spaces, fences, walls, posts, lights, shrubs, trees or other type of obstructions not specifically exempted shall be permitted in the space between thirty (30) inches and above ground level and ten (10) feet above ground level within a triangular sight distance.
The answer turns on the height band and which manual sets the triangle.
- inside the sight triangle
- Nothing between thirty inches and ten feet. 30 in
- an intersection with a major thoroughfare
- The national highway sight distance standards apply.
- any fence in a required yard
- Section 18-556 has to be observed first.
Also on corner visibility in Wilmington
- 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 Wilmington
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Wilmington 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 Wilmington 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 Wilmington
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Wilmington answers this, but the answer changes depending on the material, the yard and how high on the fence it sits.
Wilmington handles dangerous wire with a height rather than a ban. No open wire fence of a type that could inflict injury from casual contact, barbed wire being the example the code gives, is permitted below six feet in any district, which puts it out of reach rather than out of use. Other open wire fencing such as hurricane and chain link may be erected in any yard. That general permission is then cut back at the street: in all zoning districts chain link, woven wire, electric and barbed wire fences are prohibited in front yards, except on bona fide farms, electric and gas substations and government facilities. Fences and walls of exposed concrete block, tires, junk or other discarded materials are prohibited outright. Maintenance is required as well, with the fence kept sturdy and upright, free of broken or missing parts, slats or boards, and its finish kept in good condition.
In all zoning districts, chain link, woven wire, and electric and barbed wire fences shall be prohibited in front yards, except on bona fide farms, electric and gas substations, and government facilities. Fences and walls of exposed concrete block, tires, junk or other discarded materials shall be prohibited.
The answer turns on the material, the yard and how high on the fence it sits.
- wire that could injure on contact
- Nothing below six feet, in any district. 6 ft
- chain link or woven wire at the front
- Prohibited outside farms and utility sites.
- concrete block, tires or junk
- Prohibited everywhere.
Also on materials in Wilmington
- 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 Wilmington
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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 Wilmington 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 Wilmington
- 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 Wilmington 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 WilmingtonWilmington Code of Ordinances, Chapter 18, Land Development Code, Article 11, Section 18-554, Fences, walls, and screens
- 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 Wilmington 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