Durham, NC Fence Regulations: Fence Permit Requirements (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?
When would a fence actually need approval?
If I need a COA, do I also need a special use permit?
Sources & Official References
Other rules in Durham
Compare Durham to another location·View the North Carolina fence regulations overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.