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Durham, NC Fence Regulations: Fence Permit Requirements (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Default rule
fences exempt from site plan review
Exemption source
UDO Sec. 3.7.2
Exception 1
COA required in historic districts
Exception 2
Minor SUP for electric fence, street frontage
Applies to
City of Durham and unincorporated Durham County

Summary

Durham's UDO exempts fences from the standard site plan review and permitting process entirely, unless the fence needs a Certificate of Appropriateness or a special use permit: such as an electric fence within street frontage.

3.7.2. Applicability All proposed development or changes of use, except as indicated below, shall be subject to the site plan review process... The following are exempt from site plan review: ... Development that does not require review by any City or County department for conformance with the standards of this Ordinance; or does not require a permit such as but not limited to fences or flagpoles. In instances where these types of development require a certificate of appropriateness (COA) or a special use permit, a site plan will not be required.

Full Breakdown

UDO Sec. 2 lists the categories of development exempt from Durham's site plan review process, and it names fences directly: development that "does not require review by any City or County department for conformance with the standards of this Ordinance; or does not require a permit such as but not limited to fences or flagpoles" is exempt. The section then narrows that exemption with one condition, where a fence does trigger a Certificate of Appropriateness (COA) or a special use permit for some other reason, a site plan still isn't required, but that other approval is.

In practice, that means the vast majority of residential and commercial fences in Durham go up without any city or county sign-off, as long as they meet the height and material standards in Sec. 9. The two situations that pull a fence out of the no-permit default are addressed elsewhere in the UDO: an electric fence located within the street-frontage area needs a Minor Special Use Permit under Sec. 2(D), and a fence in a designated historic district may need a COA from the Historic Preservation Commission, in which case Sec.

1(D) confirms the COA process substitutes for, rather than stacks on top of, the Minor Special Use Permit. Because this exemption sits in Article 3's general development-review chapter, it applies the same way across the joint City-County UDO's jurisdiction, covering both the City of Durham and the unincorporated parts of Durham County under the same rule.

Violations & Fines

Because most fences don't require a permit, violations in this area typically involve a fence that exceeds the height, material, or setback standards elsewhere in Sec. 9.9, or an electric fence installed in street frontage without the required Minor Special Use Permit. The Planning Director or designee issues a notice of violation, and an uncorrected problem can draw a civil penalty of up to $500 per violation under Sec. 15.4.4, appealable to the Board of Adjustment within 30 days of the notice.

Frequently Asked Questions

Do I need a permit to build a fence in Durham?
No, in most cases. UDO Sec. 3.7.2 exempts fences from site plan review, so a standard fence that meets the height and material rules in Sec. 9.9 can go up without a permit.
When would a fence actually need approval?
Two situations under the UDO: a fence in a historic district that needs a Certificate of Appropriateness, or an electric fence placed within the street-frontage area, which needs a Minor Special Use Permit under Sec. 9.9.2(D).
If I need a COA, do I also need a special use permit?
No. Sec. 9.9.1(D) states that when a Certificate of Appropriateness is required for a fence or wall, a minor special use permit is not additionally required: the COA process replaces it.

Sources & Official References

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