Pop. 174,721 · Wake County
Cary regulates amplified music under the general noise ordinance. Sound permits available for events. N.C.G.S. §14-288.4 applies to unreasonable disturbances.
Cary's noise ordinance covers barking dogs under the general prohibition on disturbing noises. Persistently barking dogs that disturb neighbors may result in animal control complaints and citations.
Cary Code of Ordinances Chapter 22, Division 2 prohibits unreasonably loud, disturbing noises that annoy, disturb, or endanger citizens. The ordinance restricts amplified sound and other disturbances, particularly during nighttime hours.
Cary regulates construction noise through its general noise ordinance (Chapter 22). Construction activity near residential areas should be confined to reasonable daytime hours to avoid disturbing neighbors.
Wake County Code §92.04(A)(2) exempts lawn care equipment and agricultural activities from the noise pollution ordinance during DAYTIME HOURS (7 a.m. - 11 p.m.). There is no gas-leaf-blower ban in unincorporated Wake County, and no decibel cap — only the daytime-only restriction and the general "unreasonable noise" standard.
Wake County Code §92.05(H), (I), and (L) target industrial and commercial noise: construction over 1,000 ft from residences, loading/unloading noise at night, and garage/filling stations causing noise in residential districts. The UDO Article 7 site performance standards govern operating non-residential uses.
Wake County Code §92.05(B), (C), (F) prohibits vehicle exhaust noise from out-of-repair or modified vehicles, gong/siren on non-emergency vehicles, and any internal combustion exhaust without effective muffler. NCGS §20-128 also requires muffler compliance statewide.
North Carolina prohibits local governments from regulating aircraft noise except through airport zoning compatible with federal law.
Cary requires property owners to maintain trees so they don't obstruct sidewalks, streets, or sight lines. The town has an active urban forestry program and protects significant trees.
Cary implements water conservation measures through its utility system. Outdoor watering restrictions vary by drought stage, with odd/even day watering schedules and time-of-day limits.
Cary requires property owners to maintain grass and vegetation below 12 inches. Overgrown vegetation is a code violation subject to enforcement through the town's property maintenance standards.
Cary protects trees through its Land Development Ordinance. Tree removal permits may be required for significant trees, especially during development. The town values its tree canopy.
Wake County, North Carolina enforces overgrown-lot and weed-nuisance complaints in unincorporated Wake County through the public-health nuisance abatement authority granted to North Carolina counties by N.C. Gen. Stat. §153A-140, which states that "A county shall have authority by ordinance to require that conditions detrimental to the public health be corrected, and to provide that, upon the failure of the owner of real property to correct such conditions, the county may cause such corrections to be made." Wake County Planning, Development & Inspections (919-856-6310; wake.planning@wake.gov; 336 Fayetteville Street, Raleigh, NC 27602) is the entry point for complaints concerning unincorporated parcels. Wake County does not publish a single numeric grass-height threshold; enforcement applies a nuisance / health-and-safety standard, asking whether vegetation harbors vermin, creates a fire hazard, attracts illegal dumping, or impedes sight distance at intersections. County rules apply only in unincorporated Wake County — Raleigh, Cary, Apex, Holly Springs, Fuquay-Varina, Garner, Knightdale, Wake Forest, Morrisville, Rolesville, Wendell, and Zebulon each enforce their own city tall-grass and overgrowth codes.
North Carolina encourages rainwater harvesting and prohibits state agencies and local governments from imposing unreasonable barriers on residential collection systems.
Cary has not adopted a short-term rental ordinance and does not impose an STR-specific occupancy cap. Overnight occupancy is governed instead by the North Carolina State Building Code minimum room sizes and any HOA covenant, with N.C. Gen. Stat. 160D-1207(c) limiting how far the Town can go in regulating residential rentals.
Cary does not require short-term rental operators to carry a Town-mandated liability insurance policy, because the Town has not adopted an STR registration or permit program. Hosts should still carry adequate liability and short-term rental coverage; standard homeowner policies typically exclude commercial rental activity.
Cary does not currently require a permit or zoning approval to operate a short-term rental. Hosts should check their HOA covenants, as many Cary communities restrict or prohibit STRs.
STR guests in Cary must comply with the town's general noise ordinance (Chapter 22). Unreasonably loud disturbances, particularly at night, can result in citations.
STR hosts in Cary must collect and remit North Carolina occupancy taxes. Wake County levies a 6% occupancy tax on short-term lodging. Some platforms remit taxes on behalf of hosts.
Cary has no STR-specific parking rules. Guests must follow general street parking regulations and HOA parking restrictions that may apply in their neighborhood.
Every operator of a short-term rental in Wake County — including Airbnb and VRBO hosts — must complete a Gross Receipts Tax Application with Wake County Tax Administration to establish an account number before the first booking, then file a monthly Room Occupancy Tax return even when no tax is owed (zero return). The requirement traces to N.C. Session Law 1991-594 as adopted by the Board of Commissioners on December 16, 1991.
Cary regulates carports as accessory structures under Land Development Ordinance Section 5.3.4 and Table 6.3-1. Detached carports must sit at least 5 feet from rear and side lot lines and outside required roadway (front) setbacks. Carports that are roofed and open on three or more sides are exempt from accessory-structure floor area limits when located outside the principal-structure setback.
Cary allows long-term ADU rentals without a town license. Short-term rentals (under 30 days) operate under Cary's general use regulations because the town has no STR-specific permit program. The NC Court of Appeals decision in Schroeder v. City of Wilmington (2019) bars local governments from outright banning short-term rentals. Wake County collects a 6% room occupancy tax; NC sales taxes also apply to short stays.
Cary's Land Development Ordinance (LDO) Chapter 4 regulates accessory dwelling units as a permitted accessory use in most residential zoning districts, subject to size and setback standards. Permits are issued by the Cary Inspections and Permits Department. Under NC General Statute 160D-1110, building, electrical, plumbing, and mechanical permits are issued separately. Cary also requires zoning compliance review.
Cary does not charge a general residential impact fee on ADUs. North Carolina law (NCGS Ch. 162A) authorizes water and sewer system development fees (SDFs). NCGS 162A-205 exempts ADUs under 1,500 sq ft from sewer SDF when sharing a connection with the principal dwelling. Costs are limited to building, electrical, plumbing, and mechanical permit fees plus any new utility tap and capacity fees.
Cary's Land Development Ordinance has historically tied accessory dwelling and accessory apartment use to the principal residence on the same lot, with owner-occupancy expectations consistent with typical NC accessory-use practice. North Carolina has no statewide ADU statute preempting local owner-occupancy rules. HOA covenants frequently impose their own owner-occupancy requirements that operate independently of town zoning.
Cary allows sheds and accessory structures. Small sheds under certain size thresholds may not require building permits but must comply with zoning setbacks and lot coverage limits.
Garage conversions in Cary require building permits and must meet habitable space standards. The conversion must comply with parking requirements for the property unless converting to an ADU.
Cary has adopted ADU regulations as part of its Housing Plan. ADUs are permitted as accessory dwelling units on residential lots subject to size, setback, and design standards in the LDO.
Wake County permits 'tiny homes' as primary dwellings only if they comply with NC Residential Code Appendix Q (tiny houses), connect to approved water and septic/sewer, and meet UDO minimum dwelling-unit standards. Tiny homes on wheels (THOW) are classified as RVs under NCGS §20-4.01.
Cary permits home occupations in residential zones under LDO §5.3 standards. The business must be secondary to residential use and conducted primarily by household members.
Cary prohibits business signs at home occupations in residential zones. No external evidence of a business may be visible from outside the dwelling.
Cary limits customer traffic to home occupations to maintain residential neighborhood character. No retail sales to on-premises customers are allowed.
North Carolina exempts certain low-risk home-produced foods from inspection under N.C.G.S. 106-130 and Department of Agriculture rules, while still requiring labeling, ingredient compliance, and limits on what may be sold from a residential kitchen.
North Carolina General Statute 110-86 and Chapter 110 Article 7 require state licensure for any home caring for three or more unrelated children, preempting most local attempts to ban regulated family child care homes from residential zones.
Cary allows portable outdoor fireplaces without a permit. Recreational fires must be at least 25 feet from structures. Portable fireplaces at one- and two-family homes are exempt from the 15-foot commercial setback.
North Carolina law permits certain consumer fireworks (sparklers, fountains, snakes) but bans aerial fireworks, firecrackers, and roman candles. Cary follows state law on fireworks.
Cary regulates outdoor burning through Chapter 16 of its Code of Ordinances and NC Fire Code. Open burning of yard waste is restricted; recreational fires are allowed with conditions.
Backyard recreational fires in Wake County are governed by NC Fire Prevention Code §307.4.2 (adopted by Wake County Code Ch. 72): pile size capped at 3 ft diameter x 2 ft height, fuel limited to seasoned wood (not yard debris or trash), and the fire must be at least 25 feet from any combustible structure. No permit is required, but the Fire Code Official can order it extinguished for objectionable smoke or hazardous conditions (NCFC §307.3).
Smoke alarms in Wake County dwellings follow the NC Residential Code §R314 and the NC Fire Code §907. Homes built or substantially renovated on or after June 30, 1999 must have a smoke alarm in each bedroom, one within 10 feet of every sleeping area, and at least one on each story including basements. NCGS §42-42(a)(5) makes operable smoke alarms a landlord obligation in rental units.
Wake County is in a moderate-risk NC wildfire zone — primarily during spring (March-May) and fall (October-November) dry seasons. The Wake County Fire Marshal can issue immediate countywide burn bans when conditions warrant; violation is a Class 3 misdemeanor.
Wake County does not impose a wildfire-zone defensible-space rule like California does. Instead, brush, weed, and refuse abatement is handled at the municipal level (e.g., Raleigh Code §7-2005 on pre-collection practices: "No person shall burn leaves, shrubs, tree limbs, and the like on the streets or sidewalks or on private property except upon special permission from the Fire Code Official") and under the NC Fire Code §304 (combustible-vegetation accumulations creating a fire hazard).
Wake County adopted the NC Fire Prevention Code (NCFC) under Code Ch. 72. Residential propane storage follows NCFC Chapter 61 and NFPA 58 — typical residential 100 lb LP tank requires 5 ft setback from openings; 500-gallon ASME tanks require 10 ft from buildings/property line. Permits required above 125 gallons.
Cary requires dogs to be on leash or under owner control when off private property. All dogs must be registered and vaccinated against rabies per NC state law and Cary animal control ordinances.
Cary does not impose breed-specific legislation. North Carolina state law addresses dangerous dogs regardless of breed. Individual dogs may be designated as dangerous or potentially dangerous based on behavior.
Cary permits beekeeping in residential areas with conditions. The NC Department of Agriculture regulates beekeeping statewide, and Cary's zoning allows apiaries as an accessory use in most zones.
North Carolina allows some exotic pets but requires permits for certain species. Cary follows state regulations under NC Wildlife Resources Commission rules. Venomous reptiles require permits.
Wake County does not have a county-wide ordinance banning the feeding of wildlife, but feeding that creates a nuisance violates §91.08. North Carolina Wildlife Resources Commission rules (15A NCAC 10B .0106) prohibit feeding of bears, and the WRC discourages feeding deer and coyotes. Bird feeders and squirrels are not restricted.
Wake County does not mandate microchipping. However, Wake County Code §91.32 and NCGS §130A-185 require every dog, cat, and ferret over 4 months old to be vaccinated against rabies and to wear a current rabies tag at all times.
Wake County does NOT impose a numeric limit on pets in unincorporated areas. Cities vary: Raleigh allows up to 4 dogs/cats over 4 months per dwelling under §12-3056; Cary §10-3 has similar limits. Excessive numbers may trigger §91.08 nuisance or kennel zoning rules.
Wake County treats cats the same as dogs under Ch. 91 — owners must vaccinate against rabies at 4 months and keep current tag displayed at all times per §91.32 and NCGS §130A-185. Unlike dogs, cats are NOT subject to a leash law and may roam at large.
Wake County does NOT regulate keeping of farm animals in the unincorporated areas — even in subdivisions. Each Wake municipality has its own rules: Raleigh allows 10 hens (no roosters), Cary allows 4 hens (no roosters), Apex allows 6 hens. Roosters generally prohibited in cities.
North Carolina criminalizes animal cruelty under N.C.G.S. Chapter 14, Article 47, applying uniform statewide standards that prosecute neglect, hoarding, and inadequate care of animals.
North Carolina requires pool barriers of at least 48 inches (4 feet) high for pools with more than 18 inches of water. Gates must be self-closing, self-latching, and open outward.
Above-ground pools in Cary with more than 18 inches of water must meet the same barrier requirements as in-ground pools. Building permits may be required depending on pool size.
Cary enforces NC building code pool safety requirements including barriers, drain covers, and equipment maintenance. A building permit and final inspection are required for all new pools.
Pool permitting in Wake County splits cleanly between two tracks. PUBLIC pools — including pools at apartments, condominiums, hotels, motels, HOAs, country clubs, schools, swim clubs, fitness facilities, water parks, and similar facilities serving more than a single family and their private guests — require (1) plan review and written plan approval by the Director of the Wake County Department of Environmental Services BEFORE construction or alteration, (2) construction and operation in compliance with both the Wake County Regulations Governing Swimming Pools (adopted 7/23/2020) and the NC Rules Governing Public Swimming Pools at 15A NCAC 18A .2500, (3) inspection by the Director when construction is complete, and (4) a Wake County Swimming Pool Operations Permit valid for not more than 12 months, with an annual fee of $300 per pool (plus $75 re-inspection fee if a permit inspection fails). Wake County Environmental Health & Safety (919-856-5700; healthandsafety@wake.gov; wcpools@wake.gov) administers more than 1,400 public pools countywide. RESIDENTIAL pools at single-family homes and duplexes are EXPRESSLY EXCLUDED from the public pool regulations (Wake Co. Pool Regs. Sec. 2(e) and Sec. 1) and require instead a Wake County BUILDING permit, an electrical permit (and a gas permit if a gas heater is used), a site plan, a Residential Swimming Pool Installation and Inspection Affidavit, and an enclosing barrier meeting Appendix V of the NC Residential Code. Wake County Planning, Development and Inspections (Permit Portal at wake.gov) issues residential pool permits.
Wake County requires building AND electrical permits for hot tubs and spas that can hold more than 24 inches of water. Hot tubs with locking, secured covers may meet the barrier requirement without a separate fence under NC Residential Code Appendix V.
Cary regulates on-street parking through its traffic ordinances. Vehicles must comply with posted signs, time limits, and restrictions. Abandoned vehicles are subject to towing after 48 hours.
Cary's Land Development Ordinance restricts parking of RVs, boats, and trailers in residential areas. These vehicles typically must be stored in rear or side yards and screened from public view.
Cary requires driveways to meet town engineering standards. Vehicles must not block sidewalks when parked in driveways. Driveway construction or modifications require permits.
Cary restricts parking of commercial vehicles in residential zones. Large commercial vehicles, semi-trucks, and heavy equipment may not be stored in residential neighborhoods.
Installing a home Level 2 EV charging station in unincorporated Wake County requires a standard electrical permit from Wake County Permits & Inspections under the NC State Electrical Code (NEC Article 625). Public/commercial EV chargers also need a building/electrical permit and must follow the NC Accessibility Code for accessible spaces.
Wake County does not impose a general overnight parking ban. NCDOT roads in the unincorporated county follow NCGS §20-161 (no parking on the traveled portion of the highway), but there is no county-wide overnight street-parking prohibition. Municipal rules vary: Raleigh, Cary, and Wake Forest each restrict overnight parking only in specific zones marked by signs or in permit-parking districts.
Wake County's authority to remove abandoned and junked motor vehicles comes from NCGS §153A-132. The statute defines an abandoned vehicle as one left on public grounds in violation of a parking law, left more than 24 hours on county property, left more than 2 hours on private property without consent, or left more than 7 days on public grounds.
Cary limits fences to 4 feet in front yards and up to 6–7 feet in side and rear yards per LDO §7.2.7. Fences within 15 feet of a road have a 6-foot maximum; other areas allow up to 7 feet.
Most residential fences in Cary do not require a building permit. Permits are required only for fences on collector streets or thoroughfares, or fences that exceed standard height limits.
North Carolina does not have a statutory requirement for neighbors to share fence costs. Cary follows common law principles — the builder pays unless both parties agree to share costs.
Wake County UDO does not specify residential fence material requirements in unincorporated areas. Common materials (wood, vinyl, aluminum, chain-link) are all allowed. The UDO requires the 'finished side' of any fence to face the abutting street or neighbor. Barbed wire is restricted in residential zones.
Residential pool barriers in unincorporated Wake County are governed by the NC Residential Code Appendix V (formerly AG), which requires a barrier at least 48 inches above grade around any in-ground or above-ground pool holding more than 24 inches of water. Public and semi-public pools follow 15A NCAC 18A .2528 (NC Public Swimming Pool Rules).
Neither the Wake County Unified Development Ordinance nor the NC Residential Code restricts standard fencing materials (wood, vinyl, aluminum, wrought iron, chain link, composite) in the unincorporated county. Barbed wire and electric fencing are permitted only in agricultural or non-residential settings under the UDO, and the UDO does not require a "finished side out" treatment.
North Carolina building code requires permits and engineering review for retaining walls over four feet in height.
Cary has no zoning, building, or sign-code rule specifically targeting residential inflatable holiday displays. The LDO does not treat temporary seasonal decorations as regulated signs. Practical limits come from HOA covenants, Cary Code Chapter 22 (noise) for blower-motor sound, LDO sight-triangle setbacks at intersections, and NC HB 488 (2023) which modernized rules for certain small accessory structures but does not regulate temporary inflatables.
Cary has no town ordinance restricting when residents may install or must remove holiday lights at single-family homes. The Cary LDO sign provisions do not apply to seasonal decorations. Practical limits arise from HOA covenants - widespread in Cary's deed-restricted communities - and from Cary's noise ordinance (Chapter 22) if amplified music is paired with a light show.
Cary has no town ordinance regulating year-round lawn ornaments, statuary, or religious displays at single-family properties. The LDO sign provisions do not apply to non-commercial decorations. Restrictions come from HOA architectural-review covenants - widespread in Cary's deed-restricted subdivisions. Right-of-way installations require encroachment authorization. NCGS 47F-3-121 protects HOA flag displays; First Amendment protections apply to religious and political expression.
Cary has no ordinance specifically targeting backyard smokers, pellet grills, or wood-fired ovens at single- or two-family homes. General nuisance provisions in Cary Code Chapter 22 (Noise) and Wake County health nuisance authority apply if sustained smoke disturbs neighbors. NC air-quality rules under 15A NCAC 02D treat backyard cooking devices differently from open burning. At multi-family buildings, NCFC 308 setbacks apply to charcoal-fueled smokers.
Cary enforces the 2018 North Carolina Fire Prevention Code (NCFC) Section 308, which prohibits charcoal burners and open-flame cooking devices on combustible balconies or within 10 ft of combustible construction at multi-family buildings. LP-gas cylinders over 2.5 lb water capacity are prohibited within 10 ft of combustible construction. One- and two-family dwellings and fully sprinklered buildings are exempt. The Cary Fire Department enforces.
Built-in outdoor kitchens in Cary require permits when they involve gas lines, electrical wiring, plumbing, or a roofed structure. Under NC General Statute 160D-1110, building, electrical, plumbing, and mechanical permits are issued separately by Cary Inspections and Permits. Gas piping must be installed by an NC-licensed plumbing or mechanical contractor. Accessory structures must meet LDO Chapter 7 setback rules.
Cary regulates development in FEMA flood zones through its flood damage prevention ordinance. Properties in Special Flood Hazard Areas must comply with elevation requirements and obtain flood insurance.
Wake County enforces the Neuse Stormwater Rules (15A NCAC 02B .0235) county-wide and the Falls Lake Nutrient Strategy (15A NCAC 02B .0277) in the northern watershed. New development must control peak flow, nitrogen loading, and 50-ft riparian buffers per Wake UDO Article 9.
Wake County is delegated by the State of NC to enforce the Sedimentation Pollution Control Act (NCGS Ch. 113A Art. 4). Wake County UDO Article 10 requires an Erosion & Sedimentation Control Plan and permit for any land-disturbing activity of 12,000 sq ft or more, or any single-family lot 20,000 sq ft or more.
Wake County UDO Article 9 (Stormwater) and Article 10 (Erosion) regulate grading, drainage, and post-construction stormwater. The Neuse Stormwater Rules (15A NCAC 02B .0235) apply county-wide, requiring control of nitrogen, peak flow, and 50-ft riparian buffers.
The Coastal Area Management Act, N.C.G.S. 113A-100 through 113A-134.3, requires CAMA permits for development in 20 coastal counties and Areas of Environmental Concern, preempting local rules that conflict with state coastal protection standards.
Wake County's Solid Waste Management Division operates the County's disposal and recycling infrastructure — including South Wake Landfill, multi-material recycling facilities, and a network of Convenience Centers (with a residential trash pass program) — and accepts yard waste at its drop-off facilities. Curbside yard-waste collection in Wake County is run by the individual municipalities (Raleigh, Cary, Apex, Garner, Holly Springs, Wake Forest, Fuquay-Varina, Knightdale, Wendell, Zebulon, Morrisville, Rolesville) under each city/town's own ordinance and hauler contract; residents in unincorporated Wake County either self-haul to a County Convenience Center or contract privately. The County does not provide curbside pickup itself.
Wake County Code §50.04 requires every property owner, occupant, or tenant to remove solid waste at least once per week. Wake County does not run curbside pickup itself; service in unincorporated areas is provided by private haulers licensed under §50.05.
Illegal dumping in Wake County is a state-law violation under NCGS §14-399 — a Class 3 misdemeanor for the first offense (under 15 lbs), escalating to Class 1 misdemeanor for larger amounts. Wake County's Solid Waste Ordinance Ch. 50 enables civil enforcement and cleanup cost recovery.
Wake County Code §50.04 requires garbage to be stored only in durable, rust-resistant, nonabsorbent, watertight containers with close-fitting, fly-tight covers. Each city sets its own placement rules; the county does not regulate placement on private lots beyond the storage standard.
Wake County operates 11 Multi-Material Recycling Facilities (Convenience Centers) where unincorporated residents bring bulk items, white goods (appliances), tires, electronics, and household hazardous waste at no cost. Curbside bulk pickup is offered by individual cities (Raleigh, Cary, Apex, etc.), not by the county.
North Carolina prohibits disposal of specific recyclable materials in landfills statewide under G.S. 130A-309.10, applying uniformly to all residents, businesses, and waste haulers.
There is no legal adult-use or medical cannabis dispensary anywhere in Wake County or anywhere in North Carolina in 2026. The state has not enacted the Compassionate Care Act or any retail-cannabis statute, so there is no license type for the Wake County UDO to zone. Dispensing or selling marijuana remains a felony under NCGS §90-95.
Home cultivation of marijuana is illegal in Wake County and statewide. Under NCGS §90-95(a)(1) it is unlawful to manufacture (which includes cultivation) any controlled substance, and marijuana is a Schedule VI substance. Cultivating less than 10 pounds is a Class I felony under §90-95(b)(2); 10 pounds to less than 50 lbs is a Class H felony; and 50 lbs to less than 2,000 lbs is a Class G felony.
Wake County does not run a county-wide minimum-housing code in residential neighborhoods within municipalities. NCGS §160D-1203 gives counties authority over abandoned, blighted, or unsafe structures in unincorporated areas. Each Wake municipality has its own minimum-housing program (Raleigh §10-6121, Cary Ch. 30, Apex Ch. 11, Wake Forest Ch. 8).
Wake County does not regulate where residents store trash bins on their own property in unincorporated areas. Inside Raleigh, Cary, Apex, Wake Forest and other towns, municipal codes typically require bins to be stored behind the front building line of the home and out only on collection day.
Wake County does not enforce vacant-lot grass or maintenance rules in unincorporated areas. Inside Raleigh, Cary, Apex, Wake Forest and other cities, municipal codes require vacant lot owners to keep grass below the city's threshold and to abate accumulations of debris, junk vehicles, and hazardous conditions.
Wake County UDO Article 18 permits temporary garage/yard sale signs in unincorporated areas. NCDOT regulations prohibit signs in state-road ROW that are over 6 sq ft. Each Wake municipality sets its own size limit (commonly 4-6 sq ft) and time limit (signs removed within 24 hours of sale).
Wake County UDO Article 18 governs political signs in unincorporated areas. Signs may be erected starting 30 days before early voting begins and must be removed within 10 calendar days after the election. Right-of-way signs are capped at 6 square feet and 42 inches high.
Wake County UDO Article 7-72 sets outdoor-lighting performance standards: fixtures must be full-cutoff or shielded so that no light is emitted above the horizontal plane, lumens-per-acre caps apply by district, and pole heights are capped by zoning category.
Wake County UDO §7-72 limits light trespass onto adjacent residential properties — typically 0.3 footcandles at the residential property line. Persistent trespass into a neighbor's bedroom window can also be addressed as a private nuisance under NC common law.
Wake County does NOT require a permit for residential garage, yard, or porch sales in unincorporated areas. Most Wake municipalities also do not require permits — Holly Springs allows up to 2 sales per year, 3 days each, with no permit.
Wake County does not impose a frequency cap on residential garage sales. Holly Springs caps at 2 per year, 3 days each. Other Wake cities (Raleigh, Cary, Apex) have no formal frequency limit — but ongoing regular sales become a 'home business' requiring zoning compliance.
Recreational drone operation in Wake County is governed by federal FAA Part 107/recreational exception plus NC state law (NCGS §15A-300.1). Wake County does not prohibit drone flight in airspace but bans takeoff and landing in county parks without a special-use permit.
FAA Class B airspace surrounds Raleigh-Durham International Airport (RDU). Recreational drone flight within 5 nautical miles of RDU requires LAANC authorization via the FAA's B4UFLY or DroneZone app. Flight in Class B airspace without ATC permission is a federal violation.
North Carolina General Statute 63-95 requires commercial unmanned aircraft operators to obtain a state UAS Commercial Operator Permit from the NC Department of Transportation, in addition to FAA Part 107 certification, before flying for hire.
Wake County does NOT require a permit to remove trees on residential property in unincorporated areas, except within Neuse Riparian Buffers (50 ft from streams) where most cutting requires NCDEQ buffer authorization. Inside cities, separate tree ordinances apply.
Wake County does not formally designate 'heritage' or 'specimen' trees in unincorporated areas. Inside Raleigh, the Significant Tree Survey lists protected specimens. NC Champion Trees (recognized by NC Forest Service) have honorary but not regulatory status.
North Carolina preempts mandatory tree replacement ordinances on private property except where local governments hold specific legislative authorization or apply rules to public rights-of-way.
Wake County UDO §5-21 caps principal residential building heights at 35 ft (R-30, R-40, R-80) or 45 ft for some specific districts. Accessory structures are typically capped at 25 ft or the height of the principal structure, whichever is less. Steeples, antennas, and chimneys are exempt.
Wake County UDO §5-21 caps impervious surface coverage in residential districts: R-30 (¾-acre) typically 30% max, R-40 (1-acre) 25% max, R-80 (2-acre) 15% max. Falls Lake and Neuse buffers further restrict. Driveways, patios, and roofs all count.
Wake County UDO Article 5 sets minimum setbacks by zoning district. R-30 (1-acre residential) requires 50 ft front, 20 ft side, 30 ft rear. R-40 (½-acre residential): 40/15/25. R-80: 60/30/40. Cluster subdivisions may reduce setbacks via cluster development standards.
Wake County does NOT require rental property registration in unincorporated areas. Raleigh's Probationary Rental Occupancy Permit (PROP) and Rental Registration program target problem properties under §10-6121. Cary, Apex, Wake Forest do not have routine rental registration but use complaint-driven inspection.
For nonpayment of rent, N.C. Gen. Stat. § 42-3 requires a 10-day demand for past-due rent before the lease term is forfeited. The landlord then files summary ejectment under Article 3; a magistrate hears the case, and only the sheriff may remove a tenant after judgment.
Under N.C. Gen. Stat. § 42-42, landlords must keep rental premises fit and habitable, comply with building codes, maintain plumbing, electrical, heating and other facilities, and provide working smoke and carbon monoxide alarms. Tenants enforce these duties by civil action, but cannot withhold rent until a court approves it.
North Carolina sets uniform statewide eviction procedures under Chapter 42, with no just-cause requirement, preempting most local tenant protection ordinances.
North Carolina has no statute setting notice requirements or limits for a landlord entering a rented dwelling. Entry rights are governed entirely by the lease. Tenants who need a guaranteed notice period before entry must negotiate that term into the written rental agreement.
N.C. Gen. Stat. § 42-46 caps residential late fees on monthly rent at $15 or 5% of the monthly rent, whichever is greater, and bars charging the fee until rent is at least five days late. The fee may be charged only once per late payment.
N.C. Gen. Stat. § 42-14 sets notice periods to end periodic tenancies: seven days for month-to-month, two days for week-to-week, and one month or more before the year ends for year-to-year tenancies. Manufactured-home space tenancies require at least 60 days' notice.
North Carolina law preempts local rent control. Under N.C. Gen. Stat. § 42-14.1, no county or city may enact, maintain, or enforce any ordinance that regulates the amount of rent charged for privately owned residential or commercial rental property. There is no statewide rent cap and no city in North Carolina has rent control, so increases are limited only by the lease and notice rules.
North Carolina has no statute limiting rent increases or requiring advance notice for rent hikes. For a fixed-term lease, rent cannot rise until the term ends. For month-to-month tenancies, the increase functions as a change of terms governed by the lease and the notice needed to alter or end the tenancy.
North Carolina caps a residential security deposit by tenancy length under N.C. Gen. Stat. § 42-51: two weeks' rent for week-to-week, one and one-half months' rent for month-to-month, and two months' rent for longer terms. The landlord must itemize any damages in writing and refund the balance within 30 days (up to 60 days if the claim isn't yet determined), or forfeit the right to keep any of it.
North Carolina recognizes adverse possession after 20 years of open, continuous possession under N.C. Gen. Stat. § 1-40, or after 7 years if the possessor holds under color of title per § 1-38. Possession must be under known and visible lines and boundaries and adverse to the true owner.
Wake County UDO restricts mobile food units to commercial-zoned parking lots and special events. Operation on residentially zoned vacant property is prohibited. Each municipality (Raleigh, Cary, Apex) sets its own additional zoning rules.
Wake County Environmental Health & Safety issues mobile food unit permits under NC Sanitation Rule 15A NCAC 18A .2600. An approved commissary is required as base of operations. Plan review takes ~10 business days. Food trucks may only operate in commercial zones unless part of a special event.
Under NC Solar Easement Act (NCGS §22B-20), HOAs in Wake County and statewide cannot prohibit solar PV collectors on single-family detached homes. HOAs may impose reasonable location and aesthetic conditions but cannot ban outright.
Wake County requires a building permit and electrical permit for rooftop solar PV installations. NC HB 589 streamlines the interconnection process with Duke Energy. NC Solar Easement Act (NCGS §22B-20) prohibits HOA bans on solar collectors.
Wake County does not regulate HOAs — they are private entities governed by recorded CCRs and NC Planned Community Act (NCGS Ch. 47F) and Condo Act (NCGS Ch. 47C). The county will not intervene in HOA disputes; disputes go to mediation, arbitration, or NC civil court.
Wake County HOAs frequently require architectural-review-committee (ARC) approval before exterior modifications — paint, fences, additions, solar panels, satellite dishes, swimming pools. NCGS §47F-3-121 protects flagpoles, American flags, and (with limits) political signs. Federal OTARD rules protect small satellite dishes.
Under the North Carolina Planned Community Act, G.S. 47F-3-116, any assessment unpaid for 30 days or longer becomes a lien on the lot. If unpaid for 90 days or more, the association may foreclose the claim of lien either by nonjudicial power of sale, like a deed of trust, or by judicial foreclosure.
North Carolina's Planned Community Act requires HOAs to hold at least one association meeting each year (G.S. 47F-3-108) with 10-60 days' advance notice stating the agenda, and to give owners a chance to speak at board meetings. G.S. 47F-3-118 makes financial and other records reasonably available to lot owners.
North Carolina's G.S. 47F-3-107.1 requires due process before an HOA can fine an owner. A hearing must be held before the executive board or an adjudicatory panel, with notice of the charge and an opportunity to be heard. A fine may not exceed $100, but it can recur for each day a continuing violation persists.
North Carolina law overrides certain HOA restrictions. G.S. 22B-20 voids covenants that prohibit residential solar collectors (with narrow visibility exceptions). G.S. 47F-3-121 protects the display of the U.S. and North Carolina flags (up to 4'x6') and political signs by members on their own lots, subject to limited timing and size rules.
Wake County does not require a county-wide permit for door-to-door solicitors in unincorporated areas, but each city has its own permit (Raleigh §12-3001, Cary §10-44, Apex §16, Wake Forest §10-7-2). Solicitors must respect 'No Solicitors' signs under most local rules.
Wake County does not maintain a 'No Knock' registry. Within municipalities, posting a 'No Solicitors' sign at the residence has the same effect under local ordinances. NC state law (NCGS §66-67.5) provides a Do Not Call list for phone solicitations but not door-to-door.
Wake County Parks regulations set park hours from sunrise to sunset unless extended by special permit. Entering a county park after closing constitutes trespass under NCGS §14-159.13. State parks within Wake (e.g., William B. Umstead, Falls Lake State Recreation Area) post their own hours.
Wake County does not have a county-wide juvenile curfew in unincorporated areas. Raleigh §12-1024 sets a curfew for minors under 18: 11 PM Sunday-Thursday and midnight Friday-Saturday. Wake Forest, Garner, and other towns have similar local curfews.
Wake County Code §130.05 (adopted 11-9-2022, effective 12-9-2022) prohibits firearm discharge within 300 yards of any dwelling, school, church, warehouse, playground, or park without written permission, and from 10 PM to 7 AM. Violations are a Class 3 misdemeanor with up to $500 fine + 30 days jail.
North Carolina issues concealed handgun permits through county sheriffs under NCGS 14-415.10 and recognizes reciprocity with many states; permitless carry is not authorized statewide.
North Carolina generally permits open carry of handguns and long guns without a permit, but local discharge ordinances and posted-property restrictions may apply under state law.
North Carolina permits transporting firearms in a vehicle, but a handgun carried concealed within reach generally requires a concealed handgun permit under NCGS 14-269 and 14-415.10.
North Carolina preempts local minimum wage ordinances under NCGS 95-25.1, requiring employers statewide to follow the state and federal minimum wage of $7.25 per hour.
North Carolina has no statewide paid sick leave mandate and preempts local governments from requiring paid leave or benefits from private employers under the state Wage and Hour Act.
North Carolina has no statewide predictive scheduling law and effectively preempts local fair workweek or predictive scheduling ordinances through its Wage and Hour Act framework.
North Carolina requires private employers with 25 or more employees and all government employers to use the federal E-Verify system to confirm work authorization under NCGS 64-26.
North Carolina prohibits sanctuary policies under NCGS 153A-145.5 and 160A-205.2, requiring local governments to cooperate with federal immigration enforcement and honor lawful immigration detainers.
North Carolina limits county zoning of bona fide farms under NCGS 160D-903, exempting most agricultural activities on qualifying farms from county zoning regulation.
North Carolina protects established agricultural and forestry operations from nuisance lawsuits under NCGS 106-701, the Right to Farm Act, with strict limits on plaintiff eligibility and damages.
North Carolina has no statewide plastic bag ban or fee, and a former Outer Banks plastic bag ban was repealed in 2017, leaving most local bag regulation preempted in practice.
North Carolina has no statewide ban on polystyrene foam food containers and does not authorize local governments to ban expanded polystyrene packaging or food service ware.
North Carolina has no statewide ban on plastic straws and does not authorize local governments to ban single-use plastic straws or other utensils.
North Carolina enforces a minimum age of 21 to purchase tobacco, vapor products, and e-cigarettes under NCGS 14-313, aligning with the federal Tobacco 21 law.
North Carolina has not enacted a statewide flavored tobacco or flavored vape ban, and NCGS 14-313 does not authorize local governments to ban flavored tobacco products.
North Carolina regulates retail sale of vapor products and e-cigarettes under NCGS 14-313, requiring age verification, licensure under NCGS 105-113, and compliance with federal Tobacco 21 standards.