Union County, NC Fence Regulations: Height Limits (2026)
Key Facts
- Fence height trigger
- Over 6 feet and opaque in a street yard
- Where the setback applies
- Street/front yard only
- Side/rear yard fences
- No separate UDO height cap
- Legal status of a fence
- Not a structure under UDO Article 105
- Repeat-citation fines
- $50, then $200, then $500
Summary
In unincorporated Union County, the Unified Development Ordinance's Table 100-1 lets fences and walls stand within any required street, side or rear yard setback, but an opaque or substantially opaque fence over 6 feet tall in a street yard counts as a structure and must meet the zoning district's street setback under Section 100.050.
Setbacks must be unobstructed and unoccupied from the ground to the sky except as indicated in Table 100-1... ... Fences and walls Yes Yes Yes 4. ... The purposes of setback regulations and measurements, the term "building" includes any substantial structure that by nature of its size, scale, dimensions, bulk, or use tends to constitute a visual obstruction or generate activity similar to that usually associated with a building. Without limiting the generality of the foregoing, the following structures are subject to setback requirements, as indicated: c. ... Opaque or substantially opaque fences exceeding 6 feet in height that are located in street yard areas. ... Fence - A device made of chain links, posts, wires, or boards designed to serve as a barrier or otherwise to mark off the boundaries of a piece of property, or portion thereof. A fence is not a structure.
Full Breakdown
Article 105 of the UDO defines a fence as a device made of chain links, posts, wires, or boards designed to serve as a barrier or otherwise to mark off the boundaries of a piece of property, and states plainly that a fence is not a structure. Because a fence is not a structure, Table 100-1's list of permitted setback obstructions lets fences and walls project into the street, side and rear setback on every lot in unincorporated Union County without a separate setback of their own.
050 carves out one exception: paragraph 4 lists structures that are subject to setback requirements despite the general obstruction rule, and item (c) names opaque or substantially opaque fences exceeding 6 feet in height that are located in street yard areas. That means a solid privacy fence over 6 feet tall facing the street cannot be built inside the district's required street/front setback, which runs from 20 to 40 feet under Table 5-2 depending on the zoning district, the way a shorter or open fence can; it has to sit back from the right-of-way line like a house or garage would.
A 6-foot or shorter fence, or a fence that is not opaque such as chain-link, split-rail or most picket styles, stays exempt from the setback and can run up to the property line on any side of the lot. The UDO does not print a separate height cap for side or rear yard fences beyond this street-yard rule.
Violations & Fines
A street-yard fence built taller than 6 feet, opaque, and inside the required setback is a UDO violation under Section 95.010, enforced by the county administrator and county attorney. Section 95.020's penalty schedule applies: a 10-day warning citation to correct the encroachment, then $50, $200 and $500 fines for repeat citations, with each day of continued violation a separate offense and misdemeanor exposure of up to $500 or 30 days under NCGS 14-4.
Frequently Asked Questions
How tall can I build a fence in unincorporated Union County?
Does a privacy fence around my backyard need to meet a setback?
What counts as an opaque fence under the setback rule?
Sources & Official References
Other rules in Union County
How Union County compares: Cities That Allow the Tallest Residential Fences·Compare Union County to another location·View the North Carolina fence regulations overview
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