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 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.
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.
North Carolina adopted IRC Appendix Q in the State Building Code, providing uniform standards for tiny dwellings under 400 square feet statewide.
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.
Wake County brush burning is governed by three layered rules. First, the NC Department of Environmental Quality open-burning rule (15A NCAC 02D .1903) permits residents to burn leaves, tree branches, or yard trimmings ONLY if the material originated on the premises, is burned on the premises (or at a designated public-pickup site), is burned between 8:00 a.m. and 6:00 p.m. (no overnight smoldering), is at least 500 feet from an occupied dwelling other than the burner's, does not create a nuisance, and no public collection of yard waste is available. Second, NC Forest Service rules require a burn permit (free, available at ncforestservice.gov) for any open burning of woods, brush, or vegetative material conducted within 500 feet of forested or wild land. Third, the Wake County Fire Marshal's Office (919-856-6340) coordinates with the State Forester to issue local burn bans during high-fire-risk conditions, which suspend all burn permits and recreational fires countywide. The City of Raleigh and many incorporated Wake municipalities also ban residential leaf burning entirely because curbside yard-waste pickup is available — under .1903 that automatically disqualifies the exemption.
North Carolina vests statewide wildfire response and burn ban authority in the Commissioner of Agriculture and the State Forester, whose declared bans override local burn permits.
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 itself imposes essentially no numerical or zoning limits on backyard chickens or livestock in unincorporated areas. Wake County Code Chapter 91 (Animals) regulates welfare, at-large, nuisance, and dangerous-animal conduct — it does not cap poultry or restrict species. Under N.C. Gen. Stat. § 153A-340, county zoning may not regulate property used for bona fide farm purposes. The 17 incorporated municipalities inside Wake County (Raleigh, Cary, Apex, Wake Forest, Garner, Knightdale, etc.) each set their own much stricter rules, so a property's rules depend on whether it is inside or outside city limits.
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 regulates wildlife feeding through Wildlife Resources Commission rules, with statewide bear feeding restrictions and prohibitions on baiting that apply uniformly across all counties.
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.
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.
Abandoned vehicles in unincorporated Wake County are governed by two statewide statutes: NCGS Section 20-137.7 (state definitions of 'abandoned' and 'derelict' motor vehicles) and NCGS Section 153A-132 (county authority to remove abandoned, nuisance, or junked vehicles). The Wake County Sheriff's Office (919-856-6900) and Wake County Code Enforcement (919-856-2613) are the lead agencies. On private property, removal generally requires the property owner's written consent unless a county official declares the vehicle a health or safety hazard; owners are entitled to notice and a hearing before final disposition.
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.
The Wake County Unified Development Ordinance does NOT regulate residential fence materials, opacity, or finished-side orientation in unincorporated Wake County. There is no county-wide rule requiring a "good side" facing the neighbor, no prohibition on barbed wire on a typical residential lot, and no list of approved or banned materials. The single county-level material/design rule that affects fences is the UDO sight-distance triangle: at any driveway entrance or street intersection, no fence (or hedge, sign, or other obstruction) may extend more than 30 inches above the adjacent roadway grade inside the visibility triangle. Inside municipalities (Raleigh, Cary, Apex, etc.) local UDO/LDO material rules apply instead.
North Carolina enforces residential pool barrier rules through the state building code, applying uniformly across all jurisdictions.
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 is a regulated MS4 under the federal Clean Water Act NPDES Phase II program. The Wake County Watershed Management Division reviews development projects in unincorporated Wake County and issues permits to help prevent flooding, excessive erosion, and water pollution, applying the standards in the Wake County Stormwater Design Manual to new development and expansions. NPDES permits in North Carolina — including the MS4 General Permit, the Construction General Permit (NCG010000), and individual industrial stormwater permits — are issued by the NC Department of Environmental Quality (NCDEQ), Division of Energy, Mineral and Land Resources (DEMLR), under authority delegated from EPA.
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.
The North Carolina Sedimentation Pollution Control Act, codified at N.C.G.S. 113A-50 through 113A-66, requires erosion and sediment control plans for land-disturbing activities exceeding one acre and applies statewide to public and private projects.
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.
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.
North Carolina delegates setback rules to local governments but enforces minimum septic and floodplain setbacks statewide.
North Carolina sets statewide building height standards through the uniform building code with local zoning overlays.
North Carolina has not enacted a medical or recreational marijuana program, so dispensaries are prohibited under N.C.G.S. 90-95. No local government may license or zone for marijuana retail sales, regardless of zoning ordinance language.
North Carolina General Statute 90-95 classifies marijuana as a Schedule VI controlled substance and prohibits all cultivation, manufacture, and possession for non-medical purposes statewide, fully preempting any local attempt to authorize home growing.
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.
North Carolina General Statute 15A-300.1 and Chapter 63 Article 10 set statewide rules for unmanned aircraft, including a knowledge test, no-surveillance protections, and limits that preempt cities from imposing inconsistent recreational drone ordinances.
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 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 preempts local governments from regulating firearms, ammunition, and concealed handgun permitting beyond what state law expressly allows under NCGS 14-409.40.
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 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 sets uniform statewide eviction procedures under Chapter 42, with no just-cause requirement, preempting most local tenant protection ordinances.
North Carolina law prohibits any city or county from enacting rent control ordinances on private residential property, preempting all local rent regulation.
North Carolina restricts cities from requiring residential rental registration, permits, or fees absent a specific qualifying public safety problem.
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's solar access statute N.C.G.S. 22B-20 voids most HOA covenants and deed restrictions that prohibit installation of solar collectors on detached single-family residences statewide.
North Carolina requires building and electrical permits for solar panel installations under the State Building Code, with uniform statewide technical standards and licensed contractor requirements.
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.
Under North Carolina law, local heritage or champion tree protection ordinances are generally preempted unless backed by specific legislative authorization for that municipality.
North Carolina law generally prohibits cities and counties from regulating tree removal on private property unless specifically authorized by a local act of the General Assembly.
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.