Moving to Apex, NC?
Here are the local rules you need to know before you unpack.
Every city has its own set of local ordinances that go beyond state and federal law. From when you can mow your lawn to whether you can park your RV in the driveway, these rules affect daily life in ways most people do not expect. This guide covers the key ordinances in Apex across 23 categories and 104 specific rules we track.
๐ Noise Ordinances
Noise rules affect everything from weekend parties to lawn care schedules. Quiet hours, construction restrictions, and barking dog limits vary widely between cities.
Industrial Noise
Some RestrictionsIndustrial noise in Apex is regulated through the Sec. 14-31 sound-emission standard (Table 1 dB(A) caps measured at least 10 ft inside the complainant's property boundary), combined with the Apex Unified Development Ordinance's district performance standards, buffer-yard requirements, and conditional-use conditions imposed by the Town Council and Planning Board on industrial sites in the LI (Light Industrial) and TF (Tech/Flex) zoning districts.
Aircraft Noise
Few RestrictionsAircraft-in-flight noise is preempted by the Federal Aviation Administration. Apex does not operate an airport and does not regulate aircraft noise; the nearest commercial facility is Raleigh-Durham International Airport (RDU), located approximately 15 miles north of Apex and operated by the Raleigh-Durham Airport Authority. Aircraft noise complaints route to the RDU Noise Office, not to Apex.
Decibel Limits
Some RestrictionsApex DOES publish a numeric dB(A) cap. Sec. 14-31 of the Town Code (Chapter 14, Article III) makes it unlawful for sound to exceed the maximum dB(A) limits in Table 1 for more than ten percent of any measuring period (defined as 100 consecutive ten-second readings), with separate daytime and nighttime caps based on the zoning of the receiving property. Sec. 14-30 requires measurement at least 10 ft inside the complainant's property boundary. Sec. 14-33 also imposes a separate 55 dB(A)-at-20-ft cap for amplified sound used over any town street.
Quiet Hours
Some RestrictionsApex regulates noise through Chapter 14 (Offenses and Miscellaneous Provisions), Article III of the Town Code. Sec. 14-31 establishes sound emission standards that are unlawful during 'daytime or nighttime hours' when sound exceeds the maximum decibel limits in Table 1 for more than ten percent of any measuring period. Sec. 14-33 enumerates additional 'other prohibited noises' that are unlawful regardless of meter reading.
Leaf Blower Rules
Few RestrictionsApex does not publish a leaf-blower-specific ordinance. Use of gas-powered and electric leaf blowers is governed by the general dB(A) cap of Sec. 14-31 (Table 1 limits at the property line) and, when used during the restricted construction window, by Sec. 14-33(7); there is no codified day-of-week ban, no gas-blower prohibition, and no leaf-blower-specific decibel limit beyond the Table 1 caps.
Construction Hours
Some RestrictionsApex Town Code Sec. 14-33(7) prohibits 'the creation of loud and excessive noise from construction activities in a residential or business district Monday through Friday between the hours of 7:00 p.m. and 7:00 a.m., or on Saturdays and holidays observed by the state between the hours of 7:00 p.m. and 9:00 a.m.' Construction outside that window requires an after-hours construction approval from the Apex Building Inspector.
Amplified Music & Events
Heavy RestrictionsApex Town Code Sec. 14-33 makes it unlawful to use or operate on or over any street within the town any radio, phonograph, mechanical loudspeaker, or other sound-magnifying device at a level greater than 55 dB(A) measured at 20 feet from the device. Indoor amplified music and on-private-property events are subject to the general Sec. 14-31 Table 1 dB(A) limits at the property line and the Sec. 14-33 list of prohibited noises.
Barking Dogs
Some RestrictionsApex regulates animal noise through two parallel provisions: Chapter 4 (Animals) makes it unlawful for any dog owner to keep a dog that 'habitually or repeatedly barks' in such a manner that it is a public nuisance, and Sec. 14-33 of the noise ordinance separately prohibits 'the keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort and repose of any person in the vicinity.' Field response is shared between Apex Police and Wake County Animal Services.
Outdoor Music
Heavy RestrictionsOutdoor music at Apex venues - downtown North Salem Street, Apex Community Park, Salem Pond Park, and other town-managed spaces - is regulated by the Sec. 14-31 property-line dB(A) cap and the Sec. 14-33 55-dB(A)-at-20-ft limit for sound-magnifying devices used on or over any town street. Major outdoor events (Peakfest, Halloween downtown, holiday market, summer concert series) operate under Town-issued special-event permits administered through the Town Council's special-event process.
๐ Short-Term Rentals
If you plan to rent out your home on Airbnb or VRBO - even occasionally - you need to know the local STR rules before listing.
Primary-Residence-Only Rule
Few RestrictionsApex does not restrict short-term rentals to the operator's primary residence. There is no Apex STR ordinance, and North Carolina G.S. 160D-1207(c) preempts NC towns from building a registration-based STR permit framework through which a primary-residence-only condition could attach. Investment properties, second homes, out-of-state-owned dwellings, and corporate/LLC-owned dwellings are all eligible to operate as Apex STRs subject to compliance with the underlying residential zoning use rules of the Apex Unified Development Ordinance, the Apex Housing Code, all state and county lodging taxes, and any private HOA covenants. This differs sharply from primary-residence-only markets such as San Francisco, Boston, and Denver. The principal practical constraint in many Apex subdivisions is HOA covenant minimum-lease-term provisions (often 6 or 12 months) that effectively prohibit STR operation regardless of the town code.
Noise Rules
Some RestrictionsApex does not codify short-term-rental-specific quiet hours; STR guests and operators are subject to the general Apex noise provisions in Apex Code of Ordinances Chapter 13 (Offenses and Miscellaneous Provisions), which prohibits loud, disturbing, and unnecessary noises that interfere with the peace and quiet of others. Enforcement is principally complaint-driven through the Apex Police Department (non-emergency 919-362-8661) for active disturbances and through Apex Code Enforcement for patterns. The operator (not just the guest) may be cited because the property owner is responsible for the use of the premises. While Apex itself does not impose a hard nighttime decibel cap exclusive to STRs, prudent operators post quiet hours of 10 p.m. to 7 a.m. in their house rules to set guest expectations and reduce nuisance-complaint risk that can trigger Housing Code or zoning enforcement attention.
Permit Requirements
Few RestrictionsThe Town of Apex does not have a short-term-rental-specific permit program. There is no Apex STR ordinance in the Apex Unified Development Ordinance (UDO) or Code of Ordinances that requires an Airbnb, VRBO, or whole-house vacation rental operator to apply for a town-issued STR permit before listing or hosting paid guests. Apex's lack of an STR permit program is reinforced by North Carolina General Statute 160D-1207(c), which broadly preempts NC cities and towns from requiring a permit to lease or rent residential real property or from requiring rental property registration, except for individual properties with 4+ verified Article 11/12 violations in a rolling 12-month period or 2+ verified violations in a rolling 30-day period (or top 10% crime/disorder properties). Apex hosts must still comply with the UDO's underlying zoning use rules, the Apex housing code (Chapter 5, Article VII), state and county lodging taxes, and any private HOA covenants, which often restrict short-term rentals more strictly than the town.
Occupancy Limits
Few RestrictionsApex does not codify a short-term-rental-specific occupancy cap (such as a 'two persons per bedroom plus two' formula). Because Apex has no STR ordinance and North Carolina G.S. 160D-1207(c) preempts Apex from building a registration-based STR permit framework, occupancy is governed by the underlying Apex Housing Code in Code of Ordinances Chapter 5, Article VII (basic habitability, room sizes, ventilation, sanitation) and the North Carolina State Building Code (egress, life safety) as applied to the dwelling. Operators should size guest capacity to the bedrooms designed and built as bedrooms with code-conforming egress (door or egress window), should not market non-bedroom rooms (basements without egress, dens, lofts) as sleeping space, and should ensure smoke alarms in every bedroom and on every floor and CO detectors near sleeping areas where required by NC law.
Night Caps
Few RestrictionsApex does not impose any annual cap on the number of nights a short-term rental may host because Apex has no STR ordinance and North Carolina G.S. 160D-1207(c) preempts NC towns from building a registration-based STR permit framework through which a night cap could attach. There is no '90-day,' '120-day,' or '180-day' booking limit codified for any Apex STR. An Apex dwelling used as an STR may be booked for up to 365 nights per year provided the operator complies with the underlying residential zoning use rules of the Apex Unified Development Ordinance, the Apex Housing Code, all state and county lodging taxes, and any private HOA covenants. The practical scale constraint in many Apex subdivisions is HOA covenant minimum-lease-term provisions (often 6 or 12 months) that effectively prohibit STR operation regardless of what the town allows.
Taxes & Fees
Heavy RestrictionsShort-term rentals in Apex collect a stack of state and county taxes on every stay of less than 90 continuous days. Wake County imposes a 6% Room Occupancy Tax (levied December 1991 under NC General Assembly authorization) on the gross receipts derived from the rental of rooms, lodgings, and accommodations including Airbnb, VRBO, and Booking.com bookings, remitted monthly to the Wake County Tax Administration. North Carolina imposes a 4.75% state sales tax on accommodations under NC G.S. 105-164.4(a)(3) and Wake County imposes a 2.0% local sales tax (combined 6.75% sales tax), administered by the NC Department of Revenue and remitted monthly or quarterly depending on volume. Combined effective lodging tax burden on an Apex STR stay is approximately 12.75% (6% county occupancy + 6.75% combined state and local sales tax). Apex itself does not impose a separate municipal occupancy tax. Stays of 90 or more continuous days to the same person are exempt from both county occupancy and state sales tax.
Parking Rules
Few RestrictionsApex does not impose a short-term-rental-specific off-street parking ratio (such as a per-bedroom or per-guest-room minimum) because Apex has no codified STR ordinance. Off-street parking for an Apex dwelling used as an STR is governed by the underlying residential parking standard for the dwelling type in the Apex Unified Development Ordinance (typically two off-street spaces per single-family dwelling); STR guests use the same off-street capacity as long-term residents would. STR guests' on-street parking is subject to the same citywide rules that apply to any visitor: no blocking driveways, fire hydrants, intersections, or sidewalks, no parking against the flow of traffic, and compliance with any posted neighborhood-specific restrictions. Patterns of parking complaints tied to an STR can be raised as a nuisance under the Apex Code of Ordinances even though they cannot trigger an STR permit revocation (since Apex has no STR permit).
Insurance Requirements
Few RestrictionsThe Town of Apex does not codify a short-term-rental-specific liability insurance minimum because Apex has no STR ordinance and North Carolina G.S. 160D-1207(c) preempts NC towns from requiring rental permits or registration that could carry an insurance condition outside the narrow chronic-violator pathway. The UNC School of Government's reading of the Schroeder v. Wilmington (2022) decision is that zoning-based STR use standards (including potentially an insurance requirement) may survive preemption if structured as land-use conditions independent of the registration program, but Apex has not enacted any such requirement. Operators should obtain a short-term-rental endorsement on their homeowner's policy or a separate commercial STR liability policy because the standard NC HO-3 policy excludes paid-rental business activity, leaving operators personally liable for guest injuries, property damage, and third-party claims. Platform host-protection programs (Airbnb AirCover, VRBO Liability Insurance) are typically supplemental, not primary.
Registration Rules
Few RestrictionsApex does not operate a short-term-rental registration program. North Carolina General Statute 160D-1207(c) broadly preempts NC cities and towns from requiring an owner or manager of residential rental property to register the property with the local government, except for individual properties that have more than 4 verified Article 11/12 violations in a rolling 12-month period or 2 or more verified violations in a rolling 30-day period (or are identified within the top 10% of crime/disorder properties). For those chronic-violator properties, the registration fee is capped at $500 in any 12-month period and criminal penalties for registration violations are prohibited. The NC Court of Appeals in Schroeder v. City of Wilmington (2022) struck down Wilmington's STR registration program as preempted. Apex has not enacted a registration program. Operators must still register with Wake County Tax Administration for the 6% Room Occupancy Tax and with the NC Department of Revenue for state and local sales tax on accommodations.
Host Presence Rule
Few RestrictionsApex does not require a short-term-rental host to be physically present at the dwelling during paid stays. There is no Apex STR ordinance, and North Carolina G.S. 160D-1207(c) preempts NC towns from building a registration-based STR permit framework through which a host-presence rule could attach. Whole-house unhosted STRs are permitted in Apex, with operator off-site, subject to the underlying residential zoning use rules of the Apex Unified Development Ordinance, the Apex Housing Code, all state and county lodging taxes, and any private HOA covenants. Apex does not codify a 24/7 local-contact rule with a stated mileage radius (unlike Bowling Green OH's 35-mile rule or various California cities). Prudent operators designate a local property manager or co-host who can respond promptly to neighbor or town complaints, even though no codified rule requires it.
๐ฅ Fire Regulations
Fire pit rules, fireworks restrictions, and brush clearance requirements are especially important if you are coming from a state with different fire risk profiles.
Fire Pit Rules
Some RestrictionsThe Town of Apex regulates outdoor recreational fire under Chapter 9 (Fire Prevention) of the Apex Code of Ordinances. Sec. 9-47 expressly permits patio wood-burning units (manufactured outdoor fire pits, chimineas) provided they are located on a noncombustible surface and at least 20 feet from the residence or any raised structure. Outdoor masonry fireplaces constructed in the same manner as indoor residential fireplaces are also permitted. Only clean wood may be burned in the device; yard waste must be placed curbside for pickup, not burned. Any other open burning or outdoor fire is strictly prohibited inside Apex town limits without Apex Fire Department approval or permit. The Apex Fire Department enforces the North Carolina Fire Prevention Code (currently the 2018 NC Fire Code, based on the 2015 IFC; the 2024 NC Fire Code is delayed and the earliest effective date is July 31, 2026 per S.L. 2025-2).
Fireworks
Heavy RestrictionsNorth Carolina has one of the strictest consumer fireworks regimes in the United States. NCGS ยง 14-410 makes it unlawful for any person, firm, partnership or corporation to manufacture, purchase, sell, deal in, transport, possess, receive, advertise, use, handle, exhibit, or discharge any pyrotechnics within the State - punishable as a Class 2 misdemeanor (Class 1 if indoors). NCGS ยง 14-414 exempts only: explosive caps for toy pistols (not more than 0.25 g), snakes and glow worms, smoke devices, trick noisemakers (party poppers, snappers), wire/stick sparklers using nonexplosive pyrotechnic mixture (not more than 100 g), and ground-based or handheld sparkling devices that do not detonate, do not spin, cannot propel themselves through the air, and contain not more than 75 g per tube (or 200 g total for multiple tubes). Firecrackers, bottle rockets, Roman candles, ground spinners, and aerial fireworks are illegal everywhere in NC, including Apex. The Apex Fire Department reiterates: "anything that explodes or is projected into the air is illegal." Permitted public displays require a State Fire Marshal display operator's license under Article 82A of NCGS Chapter 58.
Wildfire Zones
Few RestrictionsApex is in the central Piedmont of North Carolina (Wake County) and is not within any federally designated Wildland-Urban Interface (WUI) zone or state-mapped very-high fire-hazard severity area - North Carolina does not maintain a state WUI map analogous to California's. The Apex Fire Department enforces the North Carolina Fire Prevention Code (currently 2018 NC Fire Code based on the 2015 IFC) under Chapter 9 of the Apex Code of Ordinances. North Carolina's primary wildfire risk-management mechanisms are: (1) statewide and county-level burn bans issued by the NC Forest Service or by the NC Agriculture Commissioner under NCGS Chapter 113 (as occurred in March 2025 when a statewide burn ban was issued for all 100 NC counties due to hazardous forest-fire conditions); and (2) the NC Forest Service permit program for open burning outside municipal limits. Inside Apex, the Sec. 9-47 patio wood-burning and Sec. 9-48 campfire setback rules and the general prohibition on yard-waste burning are the primary wildfire-prevention tools.
Backyard Fires
Heavy RestrictionsBackyard ground-level campfires in Apex are regulated by Sec. 9-48 of the Apex Code of Ordinances (Chapter 9 Fire Prevention). Campfires shall not be permitted in the town unless the campfire is located at least 25 feet from any structure and 25 feet from any property line. The campfire shall be no larger than four square feet and shall be surrounded by bricks at least two tiers high. Only clean wood may be burned - yard waste, leaves, and trash are prohibited. These setbacks are substantially stricter than the International Fire Code's general recreational-fire setback (25 ft from any structure under IFC 307.4.2 - Apex matches the structure setback and adds a 25-ft property-line setback). Any backyard fire that does not meet Sec. 9-48 (or the alternative Sec. 9-47 patio wood-burning unit standard at 20 ft from structures on a noncombustible surface) is prohibited without Apex Fire Department approval or permit.
Propane Storage
Some RestrictionsPropane and LPG appliances in Apex are regulated by the NC Fire Prevention Code (currently the 2018 NC Fire Code based on the 2015 IFC, Chapter 61 LPG and Sec. 504.8 outdoor cooking) and by the Apex Fire Department's local interpretation. Per NC Fire Code Sec. 504.8 as applied in Apex: outdoor grilling within 10 feet vertically and horizontally of combustible materials or portions of all occupancies except one- and two-family dwellings and townhouses is prohibited. The storage of grills with propane tanks having water capacity greater than 2.5 pounds is permitted only on decks, porches and patios at ground level or those which have exterior stairs for access. Grills must be at least 10 feet from combustible landscaping (pine straw, pine bark) and from motor vehicles. Ashes go in metal containers, kept 10 feet from combustibles. Bulk LPG storage and dispensing follow NFPA 58 (LP-Gas Code) as adopted by reference in the NC Fire Code Chapter 61, with oversight by the NC Department of Agriculture LP-Gas program at the state level. The 2024 NC Fire Code is delayed - earliest effective date July 31, 2026 (S.L. 2025-2).
Smoke Detectors
Some RestrictionsSmoke alarm requirements in Apex follow the North Carolina Residential Code (Section R314) for one- and two-family dwellings and townhouses, enforced locally by Apex Code Enforcement (NC State Building Code) and the Apex Fire Department (NC Fire Prevention Code, Chapter 9 of the Apex Code of Ordinances). R314.3 requires smoke alarms in each sleeping room, outside each separate sleeping area in the immediate vicinity of bedrooms, and on each additional story including basements and habitable attics (excluding crawl spaces and uninhabitable attics). R314.1.1 requires alarms to be UL 217 listed and labeled with low-battery signaling. R314.4 requires interconnection - when more than one alarm is required, actuation of any one must activate all alarms in the dwelling (listed wireless interconnect is accepted). NC is on the 2018 NC Residential Code (the 2024 NC Residential Code is delayed; earliest effective date July 31, 2026 per S.L. 2025-2). HB 488 (S.L. 2023-108) reshaped which body amends the NC Residential Code and freezes major revisions until at least 2031.
Brush Clearance
Some RestrictionsBurning brush and yard waste is prohibited inside Apex town limits. The Town of Apex Fire Department directs residents to place yard waste curbside for collection rather than burning, and the Town's curbside yard-waste service handles routine brush, leaves, and limbs. NC Forest Service burn permits are not valid inside the corporate limits of Apex - they are only available for sites in unincorporated Wake County under NCGS Chapter 113 and 15A NCAC 02D .1900. Property maintenance (uncut weeds, grass, and noxious growth) is enforced by Apex Code Enforcement under the Apex Code of Ordinances; the standard NC municipal nuisance abatement procedure provides written notice with an opportunity to cure before the Town may abate the nuisance at the owner's expense and place a lien on the property. Burning brush as an alternative to disposal is itself a separate Chapter 9 violation enforced by the Apex Fire Department.
Outdoor Burning
Heavy RestrictionsOutdoor open burning in Apex is governed by 15A NCAC 02D .1900 (NC DEQ Air Quality Open Burning Rule) and by Chapter 9 (Fire Prevention) of the Apex Code of Ordinances. The default state rule prohibits all open burning except specifically permitted categories. Most importantly for Apex residents: 15A NCAC 02D .1900 prohibits burning yard waste in any area where regular curbside pickup is available, and burn permits issued by the NC Forest Service are not valid inside Apex town limits - they are only available for sites in unincorporated Wake County. Inside Apex, the only outdoor recreational fires permitted are Sec. 9-47 patio wood-burning units (20 ft from any structure, noncombustible surface, clean wood only) and Sec. 9-48 campfires meeting strict setbacks (25 ft from any structure and 25 ft from any property line, no larger than 4 sq ft, surrounded by bricks at least two tiers high). Permissible state-rule burns include open fires for cooking food, fires for warmth (in safe outdoor heating devices), and accidental fires resulting from emergency situations - subject to the Apex Fire Department's local rules.
๐ Parking Rules
Parking rules catch more new residents off guard than almost any other ordinance. RV storage, overnight parking bans, and driveway regulations vary significantly.
Loading Zones
Some RestrictionsApex's commercial loading framework lives in UDO Section 8.3.5 (Off-Street Loading Requirements). 'Off-street loading spaces shall be required for industrial, major institutional, and business uses that can be expected to regularly receive or deliver goods,' on a sliding scale by gross floor area in Table 8.3-3: 1 space for 0-40,000 sq ft, 2 for 40,001-100,000, 3 for 100,001-160,000, 4 for 160,001-240,000, and 5 for 240,001-320,000. On-street loading zones in the downtown core are designated by the Town through the Traffic Engineering Manager working with Police, Fire, and Public Works. NCGS 20-162 distance restrictions apply citywide regardless of any loading zone designation.
Oversized Vehicle Parking
Some RestrictionsApex does not impose a citywide weight or length cap on oversized vehicles in residential neighborhoods. The functional limits come from UDO Section 8.3.4 (Setbacks), which prohibits off-street parking or storage of vehicles, travel trailers, or motor homes within any front or street side setback area except in the driveway access portion (storage of mobile homes is not permitted); from NCGS 20-162 distance restrictions on the public street; and from posted no-parking and through-truck zones established by the Board of Commissioners under Chapter 20. A through-truck restriction exists 'between SR 1011 (Salem Street) and SR 1308 (Apex Peakway).' Apex's many HOA-governed subdivisions commonly impose additional, stricter limits.
Driveway Rules
Some RestrictionsApex UDO Section 8.3.4.E (Residential Driveway Standards) sets the design baseline: driveways serving single-family residential properties shall have a minimum width of 12 feet, and driveways serving all residential properties shall be at least 20 feet in length as measured from the ultimate right-of-way (or from the back of sidewalk if the sidewalk is located on private property). Single-family residential properties are limited to one driveway access point to the public street system except in three narrow cases. Off-street parking or storage of vehicles, travel trailers, or motor homes shall not be permitted within any front or street side setback area except in the driveway access portion. Required parking and driveways must be at least five feet from any required buffer or Resource Conservation Area.
Curb Color Rules
Some RestrictionsCurb markings and colored-curb paint on Apex public streets are installed only by the Town, under the coordination of the Apex Traffic Engineering Manager working with Police, Fire, and Public Works. Residents and adjacent property owners may not paint, alter, or add markings to a public curb. Where paint is faded or absent, the state-law distance restrictions in NCGS 20-162 still apply by default: no parking in front of a private driveway, within 15 feet in either direction of a fire hydrant or fire station entrance, or within 25 feet from the intersection of curb lines. Local authorities may by ordinance decrease the distance within which a vehicle may park in either direction of a fire hydrant.
Commercial Vehicle Restrictions
Some RestrictionsApex does not impose a citywide weight or length cap on commercial vehicles in residential neighborhoods, but every commercial vehicle on the public street is subject to Chapter 20 of the Apex Code of Ordinances and NCGS 20-162, which prohibits parking in front of a private driveway, within 15 feet of a fire hydrant or fire station entrance, and within 25 feet from the intersection of curb lines. UDO Section 8.3.4 (Setbacks) restricts off-street parking or storage of vehicles, travel trailers, or motor homes within any front or street side setback area except in the driveway access portion. Storage of mobile homes is not permitted. The Apex Traffic Engineering Manager coordinates with Police, Fire, and Public Works to designate posted no-parking and time-limited zones by ordinance.
RV & Boat Parking
Some RestrictionsApex Unified Development Ordinance (UDO) Section 8.3.4 expressly prohibits off-street parking or storage of vehicles, travel trailers, or motor homes within any front or street side setback area, with one narrow exception: such off-street parking is permitted within that portion of any setback used for driveway access to required off-street parking areas. Storage of mobile homes is not permitted. On the public street, every RV and trailer is bound by NCGS 20-162, which prohibits parking in front of a private driveway, within 15 feet in either direction of a fire hydrant or fire station entrance, and within 25 feet of the intersection of curb lines. HOA covenants in Apex's many planned subdivisions are common and may further restrict RV/boat storage.
Overnight Parking
Few RestrictionsApex does not impose a citywide overnight parking ban on passenger vehicles. The functional limits on overnight parking are NCGS 20-162 distance restrictions (15 feet from a fire hydrant or fire station entrance, in front of a private driveway, 25 feet from a curb-line intersection), any posted no-parking signs established by Board ordinance through the Apex Traffic Engineering process, and the downtown Monday-Friday 9 a.m. to 5 p.m. time-limit zones (2 hr or 3 hr). UDO Section 8.3.4 prohibits off-street parking or storage of vehicles, travel trailers, or motor homes within any front or street side setback area except in the driveway access portion. NCGS 20-137.7 defines an abandoned vehicle as one that has remained illegally for more than 10 days without consent.
Street Parking Limits
Some RestrictionsApex on-street parking is governed by Chapter 20 (Traffic) of the Apex Code of Ordinances and by NCGS 20-162, which prohibits parking in front of a private driveway, within 15 feet in either direction of a fire hydrant or fire station entrance, and within 25 feet from the intersection of curb lines. The Town's downtown core uses signed time-limit zones (2-hour and 3-hour) enforced Monday through Friday, 9 a.m. to 5 p.m. By state law, vehicles displaying an accessible parking decal or placard are not restricted by time limits, regardless of whether they are parked in a spot marked accessible. Apex does not have personnel dedicated exclusively to parking enforcement; patrol officers handle citations.
EV Charging
Some RestrictionsApex regulates new-development EV charging through UDO Section 8.3.11 (Electric Vehicle Charging Spaces). Multi-family or apartment projects must provide EV-Ready spaces equal to 30% of required motor vehicle spaces and active EV charging spaces equal to 15% of required spaces; Government Service uses must provide 15% EV-Ready / 3% charging; Commercial uses must provide 15% EV-Ready / 3% charging. Projects with fewer than 10 required motor vehicle spaces are exempt. The Town operates public charging at four municipal sites (Saunders Lot, Town Hall, Mason Street, Public Safety Station 6) at 20 cents per kWh. North Carolina has NOT adopted a right-to-charge statute - only CA, CO, CT, IL, OR, and DC do - so HOAs and condominium associations in Apex may still restrict EV charger installation. HB 488 (S.L. 2023-108) froze the state residential building code through 2031.
Abandoned Vehicles
Heavy RestrictionsAbandoned, junked, health/safety hazard, and aesthetic nuisance vehicles in Apex are governed by Chapter 20, Article III of the Apex Code of Ordinances, implemented under NCGS 20-137.7, NCGS 160A-303, and NCGS 160A-303.2. NCGS 20-137.7 defines an abandoned vehicle as 'a motor vehicle that has remained illegally on private or public property for a period of more than 10 days without the consent of the owner or person in control of the property.' The Apex Police Department uses Form F1313 (Violation Checklist), Form F1313a (Pre-towing Notice and Right to Appeal - 11 days to remove), and Form F1313b (Post-towing Notice and Right to Hearing - 24 hours for NC-registered, 72 hours for out-of-state). Owners may appeal under Section 20-36(b). NCGS 160A-303.2(b) prohibits removal of vehicles in regular business or personal use.
๐งฑ Fence Regulations
Planning to put up a fence? Height limits, material restrictions, and permit requirements differ by city - and sometimes by which side of the property the fence sits on.
Height Limits
Some RestrictionsApex fence heights are set by Section 8.2.7 of the Town of Apex Unified Development Ordinance (UDO), administered by the Apex Planning Department. Section 8.2.7.B.1 caps freestanding fences and walls at 7 feet, including piers, posts, and finials. Section 8.2.7.B.2 limits fences and walls in front yards to 48 inches (4 feet), with piers/posts and finials allowed to extend up to 6 inches higher. Non-residential fences may exceed 7 feet with Planning Director approval for security or screening, and vinyl-coated chain link for single-family recreational uses such as tennis or basketball courts may be approved up to 10 feet.
Neighbor Fence Rules
Few RestrictionsApex regulates fence location, height, and finish under UDO Sec. 8.2.7 but does not impose a cost-sharing requirement on neighbors. Section 8.2.7.A.2 requires the finished side of a fence to face an adjacent property or public right-of-way, except in the Downtown Festival District where the side facing an alley may be unfinished. Per the Town's published FAQ, 'your fence can be placed up to, but not on or over your property line,' and Apex does not survey property lines or arbitrate private boundary disputes. Boundary, cost-sharing, and partition issues are private civil matters governed by North Carolina common law.
Permit Requirements
Some RestrictionsApex regulates fence design, height, materials, and location under Section 8.2.7 of the Unified Development Ordinance, reviewed by the Planning Department. Building permits are administered by the Apex Building Inspections Division at (919) 249-3418, 322 N Mason St, which enforces the North Carolina State Building Code. Wake County handles separate building and electrical permits for pools, hot tubs, and spas holding more than 24 inches of water. Fences must comply with Sec. 8.2.7 height, material, finish, and right-of-way standards.
Pool Barriers
Heavy RestrictionsPool barriers in Apex are governed by Appendix V (2018 edition) / Appendix NC-A (2024 edition) of the North Carolina Residential Code, applied through Wake County Inspections and the Apex Building Inspections Division. The barrier must be at least 48 inches above grade on the side facing away from the pool, openings must not allow passage of a 4-inch sphere, the maximum vertical clearance between grade and the bottom of the barrier is 2 inches (4 inches with concrete or fixed solid material), and pedestrian access gates must open outward, be self-closing, and have a self-latching device. Under NC Session Law 2023-108 (HB 488), Apex cannot impose stricter local amendments to the NC Residential Code barrier provisions.
Approved Materials
Some RestrictionsApex UDO Sec. 8.2.7.A.1 permits fences and walls constructed of 'wood, stone, brick, decorative concrete block, wrought iron, (or products created to resemble these materials), or a combination of any of these materials.' Chain link is permitted only under the restrictions in Sec. 8.2.7.A.4. All fencing must be finished on the side facing a public right-of-way or adjacent properties (Sec. 8.2.7.A.2), except within the Downtown Festival District where the alley-facing side may be unfinished.
Retaining Walls
Some RestrictionsApex regulates retaining structures under UDO Sec. 8.1.6 (Retaining Structures) and treats freestanding walls under Sec. 8.2.7 (Fences, Walls, and Berms). Retaining-wall construction is also subject to the North Carolina State Building Code (NC Residential Code R404 for foundation/retaining walls; NC Building Code Chapter 18 for non-residential), enforced by the Apex Building Inspections Division at (919) 249-3418. The UDO's 7-foot freestanding-wall cap (Sec. 8.2.7.B.1) does not apply to grade-retaining walls, but retaining walls 4 feet or taller (measured bottom of footing to top of wall) typically require engineered design and a building permit under the NC State Building Code.
Fence Requirements
Some RestrictionsApex UDO Section 8.2.7 establishes the core fence requirements: 7-foot freestanding limit (4 feet in front yards), the finished side must face the right-of-way or neighbor, fences may not be installed around detention/retention basins (Sec. 6.1.13.B.10), and Sec. 8.2.7.F (Maintenance) requires owners to keep fences plumb, in good repair, with no more than 20% of surface disfigured, cracked, ripped, or peeling. Non-residential fences abutting a public right-of-way must be set back at least 4 feet with a minimum of 3 small evergreen shrubs every 20 feet (Sec. 8.2.7.C.1).
Material Restrictions
Heavy RestrictionsApex UDO Sec. 8.2.7.A controls fence materials. Plywood, particleboard, sheet metal, concrete slabs, and concrete barriers may not be used for fencing. Barbed wire is generally prohibited and may only be used 'in conjunction with a permitted agricultural use or in conjunction with the permitted keeping of horses or livestock,' though up to 2 feet of barbed wire is allowed on top of another fence type for safety in industrial and utility uses. Chain link in residential districts is restricted to side and rear yards of individual lots, and chain link in non-residential districts must be coated black, brown, or dark green vinyl (except industrial/utility chain link, which does not require coating).
๐ Animal Ordinances
Pet owners and aspiring chicken keepers should check local animal ordinances before signing a lease or closing on a home.
Breed Restrictions
Few RestrictionsThe Town of Apex does not have a breed-specific dog ban. Pit bulls, Rottweilers, Doberman Pinschers, German Shepherds, and other commonly-restricted breeds are legal to own in Apex without breed-specific permits, muzzle, insurance, or enclosure requirements. North Carolina has NO statewide preemption of breed-specific legislation - cities and counties retain authority under N.C. Gen. Stat. 160A-186 and 153A-131 to enact local BSL - but Apex and Wake County have chosen conduct-based enforcement instead, using the state Dangerous Dog statute (N.C. Gen. Stat. Ch. 67, Article 1A, sections 67-4.1 through 67-4.5) and the Wake County Animal Control Ordinance.
Chickens & Livestock
Some RestrictionsSection 4-3 of the Apex Code of Ordinances (Chapter 4 - Animals), adopted effective June 1, 2007, prohibits the keeping of livestock and male chickens within the corporate limits of the Town. Livestock includes, but is not limited to, cows, goats, sheep, swine and other similar animals. Exempt from this prohibition are horses, ponies, rabbits, fowl (except for male chickens), and miniature pigs that are neutered and no more than 20 inches in height at the shoulders when full grown. Backyard hens are therefore allowed by-right in Apex residential zones; roosters are not. The Town has no numeric hen cap in the Code itself, but coops are subject to general nuisance/sanitation rules and Unified Development Ordinance accessory-structure setbacks.
Wildlife Feeding
Few RestrictionsThe Town of Apex does not have a wildlife-feeding ordinance in Chapter 4 of the Town Code, and the Wake County Animal Control Ordinance does not generally prohibit residential bird feeders or backyard wildlife feeding. North Carolina Wildlife Resources Commission (NCWRC) rules under N.C. Gen. Stat. Chapter 113 govern statewide. Intentional feeding that habituates bears, coyotes, or deer to human food sources can be cited as a public-safety nuisance under general Town and County provisions; baiting deer to take them is regulated by NCWRC hunting rules. Bird feeders in residential yards are permitted.
Livestock
Heavy RestrictionsSection 4-3 of the Apex Town Code (Chapter 4 - Animals), effective June 1, 2007, prohibits the keeping of livestock within the corporate limits of the Town. 'Livestock' is defined to include cattle, goats, sheep, swine and other similar animals. The express exemptions are horses, ponies, rabbits, fowl (except for male chickens), and miniature pigs (neutered and not exceeding 20 inches at the shoulders when full grown). The Apex Unified Development Ordinance (UDO) further restricts where exempt large animals such as horses can practically be kept - the necessary acreage and accessory-structure setbacks are only realistic in the rural and very-low-density residential districts.
Beekeeping
Few RestrictionsBackyard beekeeping is permissive in Apex. North Carolina General Statute 106-645 (Limitations on local government regulation of hives, part of the N.C. Bee and Honey Act of 1977) preempts any city or county ordinance that prohibits owning or operating five (5) or fewer hives on a single parcel. Cities may adopt setback, ground-level placement, anchor, and removal-for-public-safety rules, but cannot ban small-scale apiaries outright. The Apex Town Code does not include a city-specific beekeeping ordinance, so all NCDA&CS apiary best-management practices and the statewide five-hive floor apply by default.
Dog Leash Laws
Some RestrictionsApex follows the Wake County Animal Control Ordinance for animal restraint within the town. All dogs (and cats) off the owner's property must be under physical restraint - a leash, chain, or fence sufficient to allow the owner to maintain control. Wake County's definition of 'adequate restraint' is a secure enclosure on the owner's property, or a physical/electronic device of sufficient strength to control the animal. Rabies tags are required to be worn under N.C. Gen. Stat. 130A-185. Apex does not require separate Town pet registration. Wake County Animal Services (919-212-7387) is the field enforcement agency.
Exotic Pets
Some RestrictionsNorth Carolina is one of only four U.S. states with NO comprehensive statewide ban on private ownership of inherently dangerous exotic animals (lions, tigers, bears, primates, etc.) - regulation is left to counties and cities. Wake County, however, has adopted Chapter 91 (Animals) of its Code regulating wild and exotic animals, which applies inside the Town of Apex by intergovernmental agreement. At the state level, NCGS 14-417 regulates venomous reptiles and large constricting/crocodilian reptiles - requiring escape-proof enclosures, written bite/escape protocols, and antivenin information. NCGS 14-417.1 makes violation a Class 2 misdemeanor, escalating to Class I felony if a release results in serious injury or death.
๐ฟ Landscaping Rules
From grass height limits to tree removal permits, landscaping rules can surprise new homeowners, especially in drought-prone areas with water restrictions.
Tree Removal & Heritage Trees
Some RestrictionsApex does not regulate removal of trees on private single-family lots that are not within a Resource Conservation Area, required landscape area, or buffer yard. Removal of trees on development sites, in RCAs, in required landscape material, or designated for retention requires Town review under Unified Development Ordinance (UDO) Article 8. NCGS 160D-921 preempts local tree-removal ordinances on present-use-value forestland and forester-managed forests, narrowing town authority over routine private-lot removals.
Native Plants
Few RestrictionsApex does not mandate native plants in private landscapes but actively promotes them. The Town's Plant the Peak program installs native trees on residential single-family properties at no cost to the owner and has installed over 500 native trees since 2021. The Apex Unified Development Ordinance (UDO) Article 8 landscape and buffer requirements use approved plant lists that favor regionally adapted and native species suitable to North Carolina's Piedmont climate.
Rainwater Harvesting
Few RestrictionsRainwater harvesting is legal and encouraged in Apex. North Carolina state law prohibits local governments from banning cisterns and rain barrels used for irrigation: NCGS 160A-202 provides that no city ordinance may prohibit, or have the effect of prohibiting, the installation and maintenance of cisterns and rain barrel collection systems used for irrigation purposes. NC Session Law 2009-243 amended the state plumbing code to allow cistern water for indoor toilet flushing and outdoor irrigation. Permits are required only for construction of non-potable water systems and plumbed connections.
Tree Trimming
Few RestrictionsApex does not require a permit for routine pruning of trees on private residential property. Trees within the public right-of-way, town parks, and town-owned land are maintained by Town Parks, Recreation & Cultural Resources. The Town is a designated Tree City USA community and operates a Tree Citizen Advisory Panel (TreeCAP) that advises the Town Council on tree programs, management, and regulations.
Artificial Turf
Few RestrictionsApex does not have a code provision specifically prohibiting or permitting artificial turf in residential or commercial landscapes. Where landscape material is required under Unified Development Ordinance (UDO) Article 8 โ Section 8.2 (Landscaping, Buffering, and Screening), the standards generally require living plant material, so artificial turf typically cannot substitute for required landscape area, buffer yard plantings, or vehicle use area landscaping. On private single-family residential property outside required-landscape contexts, artificial turf is permitted subject to stormwater and impervious-surface rules.
Water Restrictions
Heavy RestrictionsApex enforces year-round irrigation restrictions on its water system, sourced from Jordan Lake through the jointly owned Cary/Apex Water Treatment Facility (CAWTF) serving Apex, Cary, Morrisville, Wake County RTP, and RDU Airport. Lawn irrigation is allowed three days a week on an alternate-day schedule (odd addresses Tuesday/Thursday/Saturday; even Wednesday/Friday/Sunday). Mondays are no-irrigation days. Hand-held hose watering is allowed every day. Violations carry written notice for the first offense and up to $1,000 per day for subsequent violations.
Weed Ordinances
Some RestrictionsApex Code Chapter 14 makes it unlawful to allow the uncontrolled growth of noxious weeds and grass, the accumulation of offensive animal or vegetable matter dangerous and prejudicial to public health, or any other condition constituting a public nuisance on premises within town limits. Apex does not maintain a separate prohibited-species list; enforcement is by Code Enforcement under the nuisance framework with cost-of-abatement liens.
Grass Height Limits
Some RestrictionsThe Town of Apex regulates uncontrolled weeds, grass and noxious growth as a public nuisance under Chapter 14 of the Code of Ordinances (Offenses and Miscellaneous Provisions). Property owners must cut weeds, grass or other noxious growth from the lot at least twice each year โ first not later than June 15 and second not later than August 15. Each day the growth remains uncut after those deadlines constitutes a separate offense.
๐ผ Home Business
Working from home is common, but running a business from home often requires permits and must comply with zoning restrictions on customer traffic and signage.
Signage Rules
Heavy RestrictionsApex UDO Sec. 4.5.5.G strictly limits home occupation signage to a single 12 in. x 12 in. placard at the front door (per Sec. 8.7.1.A.2 Home Occupation Signs). A separate Home Occupation sign permit must be obtained from the Planning Department. Plastic or acrylic faces are prohibited, the sign may not be internally lit, and external lighting must be traditional residential. The street address may not be advertised via billboards, TV, radio, newspapers, websites, or social media.
Customer Traffic Restrictions
Some RestrictionsApex UDO Sec. 4.5.5 strictly limits on-site customer traffic for home occupations. Specialized services (dance, music, crafts, tutoring) may serve groups of no more than 5 persons. Retail sales of products on-site are prohibited (UDO Sec. 4.5.5.H), and the operation may not produce off-premises traffic, noise, vibration, or parking congestion (Sec. 4.5.5.K). Family Child Care Homes are subject to NC Division of Child Development limits.
Zoning Restrictions
Some RestrictionsApex Unified Development Ordinance (UDO) Sec. 4.5.5 permits home occupations in all residential zoning districts subject to performance standards: the business must be incidental and secondary to residential use, occupy no more than 25 percent of the dwelling's floor area or 500 sq ft (whichever is less), be conducted by an immediate family resident, and produce no detectable nuisance outside the building. A Home Occupation Permit is required from the Apex Planning Department ($50 fee).
Cottage Food Operations
Few RestrictionsApex residents may sell homemade foods under the NC Department of Agriculture & Consumer Services (NCDA&CS) Home Processor program โ no statewide cottage food law exists, but the Home Processor inspection (free, ~8-12 week processing) authorizes baked goods, jams, jellies, candies, dried foods, and honey with no sales cap. Apex UDO Sec. 4.5.5.B.3 permits on-site sales of homemade foodstuffs in the RA and RR districts only; in all other Apex residential districts, on-premises retail food sales are prohibited and product must be sold off-site (farmers markets, online, delivery).
Home Daycare
Some RestrictionsApex UDO Sec. 4.5.5.B.2 permits Family Child Care Homes as home occupations consistent with NC General Statutes (Chapter 110 Article 7) and NC Division of Child Development and Early Education (DCDEE) licensing. NC defines a Family Child Care Home as care in the operator's residence for 3 to 8 children, with no more than 5 preschool-age children at any one time (including the operator's own preschoolers). A NC DCDEE license is required for any care of more than 2 unrelated children.
Home Occupation Permits
Some RestrictionsApex requires a Home Occupation Permit for every home-based business before operation begins. The application is filed with the Apex Planning Department, costs $50, and is reviewed for compliance with UDO Sec. 4.5.5 standards. A separate Home Occupation Sign Permit is required to install the 12 in. x 12 in. door placard. Wake County business property tax listing is also required by NCGS ยง 105-308 (Jan. 1 to Jan. 31 annually).
๐ Swimming Pools & Spas
Pool ownership comes with safety fencing requirements, permit obligations, and drainage rules that vary by jurisdiction.
Pool Permits
Heavy RestrictionsResidential swimming pools, hot tubs, and spas in Apex require Wake County building and electrical permits when they hold more than 24 inches of water, plus inspection by the Apex Building Inspections Division at (919) 249-3418. Pools must be enclosed with a barrier meeting NC Residential Code Appendix V (2018) / Appendix NC-A (2024). Wake County also requires a site plan, the Residential Swimming Pool Installation and Inspection Affidavit, workers' compensation insurance documentation, and (for jobs over $40,000) a notarized owner-contractor affidavit. Septic system properties require setback verification.
Hot Tub Rules
Some RestrictionsHot tubs and spas in Apex are treated as pools under NC Residential Code Appendix V (2018) / Appendix NC-A (2024) and require Wake County building and electrical permits when they hold more than 24 inches of water. Spas and hot tubs with a safety cover that complies with ASTM F1346 are exempt from the barrier provisions of Appendix V (AV105.5). Decks supporting a hot tub or spa require engineer-stamped plans verifying load capacity (Wake County). Apex UDO Sec. 8.2.7.A.4.b requires any chain link around a residential hot tub or spa to be vinyl coated in black, brown, or dark green.
Safety Rules
Heavy RestrictionsResidential pool safety in Apex is governed by NC Residential Code Appendix V (2018) / Appendix NC-A (2024). Key safety provisions include the 48-inch barrier requirement, 4-inch sphere rule, self-closing/self-latching gates, dwelling-wall protection (doors with direct access must have alarms or other listed safety devices), and indoor pool barrier compliance. Public pools and pools serving 15 or more dwellings in a club, condominium, or rental setting are additionally regulated by 15A NCAC 18A .2500 (NC Public Swimming Pool Rules), enforced by the Wake County Environmental Services Department.
Fencing Requirements
Heavy RestrictionsResidential pool, spa, and hot tub barriers in Apex follow NC Residential Code Appendix V (2018) / Appendix NC-A (2024). The barrier must be at least 48 inches above grade on the exterior side, openings must not allow a 4-inch sphere to pass, the grade-to-bottom clearance is capped at 2 inches (4 inches over concrete or fixed solid material), and pedestrian access gates must open outward away from the pool, be self-closing, and have a self-latching device. Apex UDO Sec. 8.2.7.A.4.b additionally requires that chain link used around residential pools be vinyl coated in black, brown, or dark green.
๐๏ธ Accessory Structures
Thinking about an ADU, shed, or garage conversion? Local rules on accessory structures have changed rapidly in recent years, especially in California.
ADU Rules
Some RestrictionsApex UDO Sec. 4.5.6 permits one Accessory Apartment per single-family lot. Attached accessory apartments have no size limit. Detached accessory apartments are capped at 40 percent of the principal dwelling's heated square footage (50 percent or 1,000 sq ft, whichever is smaller, inside the Small Town Character Overlay District). Common ownership with the principal dwelling is required in residential zones. North Carolina has no statewide ADU mandate โ HB 409 and HB 401 failed in the 2024 General Assembly.
Shed Rules
Few RestrictionsApex UDO Sec. 5.2.7.E sets a 5 ft minimum side and rear setback for sheds in residential districts. Sheds 12 ft x 12 ft (144 sq ft) or smaller are exempt from the UDO Sec. 4.5.3.B 'matching materials' requirement that otherwise applies to accessory structures. Sheds and other accessory structures must sit behind the principal building unless located at least 60 ft from the front property line (UDO Sec. 5.2.7.B.2). The 2018 NC Residential Code exempts one-story detached residential accessory structures up to 12 ft x 12 ft from a building permit.
Garage Conversions
Some RestrictionsConverting an Apex garage to habitable space requires a building permit and electrical permit from Apex Building Inspections under the 2018 NC Residential Code (change of occupancy from U to R-3). If the conversion creates a kitchen and separate entrance, it becomes an Accessory Apartment under UDO Sec. 4.5.6 โ one per lot, detached capped at 40 percent of the principal dwelling's heated square footage, common ownership required in residential zones.
Carport Rules
Few RestrictionsApex UDO Sec. 5.2.7.E lists unattached carports as accessory structures with a 5 ft minimum setback from side or rear property lines. The carport must sit behind the principal building unless located at least 60 ft from the front property line (Sec. 5.2.7.B.2). Construction requires a building permit through Apex Building Inspections under the 2018 NC Residential Code with engineered wind-uplift anchorage. Carports in residential zones must use materials similar to the main dwelling unless 12 ft x 12 ft or smaller.
Tiny Homes
Some RestrictionsA tiny home on a permanent foundation in Apex is treated as either a single-family dwelling (must meet the underlying zoning district's lot and setback standards) or an Accessory Apartment under UDO Sec. 4.5.6 (capped at 40 percent of the principal dwelling's heated square footage for detached units). Tiny homes on wheels (THOWs) registered as RVs or park-model trailers are not permitted as residences in residential zoning districts. Manufactured homes are permitted only in MH and MHP districts.
๐ Environmental Rules
Flood Zones
Heavy RestrictionsApex regulates floodplain development through Article 6, Section 6.2 (Flood Damage Prevention Overlay District) of the Unified Development Ordinance and participates in the National Flood Insurance Program (NFIP). The Town uses the FEMA Flood Insurance Rate Maps produced through the North Carolina Floodplain Mapping Program (NCFMP), which generally applies a 2-foot freeboard above the Base Flood Elevation as the regulatory flood protection elevation statewide. Regulated watercourses include Beaver Creek, Middle Creek, and Jordan Lake tributaries. Any development in a Special Flood Hazard Area requires a Floodplain Development Permit under UDO Section 6.2.7.
Stormwater Management
Heavy RestrictionsApex operates a Phase II NPDES MS4 stormwater program administered by the Town's Stormwater Field Services group at (919) 362-8166 and codified in the Apex Unified Development Ordinance (UDO), Article 8. Apex sits inside the Jordan Lake watershed in the Upper New Hope subwatershed (15A NCAC 02B .0265), which historically set nitrogen and phosphorus loading caps of 2.2 lb/ac/yr and 0.82 lb/ac/yr for new development. Apex was also added as a named community in the 2020 revisions to the Neuse Nutrient Strategy, with local implementation beginning July 2024.
Grading & Drainage
Heavy RestrictionsGrading and drainage in Apex are regulated through the Stormwater Control Measures (SCM) provisions of the Unified Development Ordinance Article 6 (Watershed Protection Overlay) and Article 8 (Stormwater), the Town's adopted NC Stormwater Design Manual, and the Soil and Erosion Control Ordinance. Apex is required to apply Jordan Lake Stage I Adaptive Management Strategy retrofit standards and โ for projects in the Neuse River Basin portion of Town โ must use the NC DEQ Stormwater Nitrogen & Phosphorous (SNAP) spreadsheet tool to demonstrate nutrient reduction. SCMs (detention basins, bioretention, wet ponds, sand filters) must be designed to hold and slowly release the design storm volume.
Erosion Control
Heavy RestrictionsApex enforces erosion and sedimentation controls under the NC Sedimentation Pollution Control Act of 1973 (NCGS Chapter 113A, Article 4) and the Apex Soil and Erosion Control Ordinance. An approved Erosion Control Plan is required for any land-disturbing activity exceeding 20,000 square feet โ significantly lower than the 1-acre state floor under NCGS 113A-50 et seq. The application fee is $600 per disturbed acre with no maximum, plus a $2,500 per disturbed acre performance guarantee. Proper erosion control measures are required for every construction site regardless of size, including single-family residences. Program contact: James Misciagno, CES, CPESC, Stormwater Field Services Supervisor.
๐ฑ Cannabis Regulations
Home Cultivation
Heavy RestrictionsHome cultivation of marijuana is PROHIBITED in Apex and across North Carolina. North Carolina has no recreational marijuana program AND no operational medical marijuana program โ making it one of the last holdout states in the country. All cultivation of marijuana remains a criminal offense under NCGS 90-95 with no medical exception. The state Advisory Council on Cannabis was established by Executive Order No. 16 in 2025 to recommend a regulatory framework with a report due by the end of 2026, but no legal home-grow allowance exists.
Dispensary Zoning
Heavy RestrictionsThere is no cannabis dispensary program in North Carolina to zone for. The state has no operational medical marijuana program and no recreational program โ making it one of the last holdout states in the United States. The Apex Unified Development Ordinance therefore contains no medical or recreational cannabis dispensary district; any retail sale of marijuana in Apex is illegal trafficking under NCGS 90-95(h)(1). Apex and Wake County cannot lawfully license a cannabis dispensary because the underlying state authorization does not exist.
โ๏ธ Solar Energy
HOA Restrictions
Some RestrictionsNorth Carolina has a partial Solar Access Statute at NCGS 22B-20 that VOIDS HOA covenants that 'prohibit, or have the effect of prohibiting, the installation of a solar collector' on residential property. However, the statute contains a substantial carve-out at NCGS 22B-20(d) allowing HOAs to PROHIBIT solar collectors on (1) facades facing a public or common street, (2) roof surfaces sloping toward such facades, and (3) areas within sight lines from those facades. Reasonable rules on location and screening under subsection (c) are also enforceable. Voluntary solar easements between neighbors are also recognized under NCGS 22B-20.
Panel Permits
Few RestrictionsApex has aggressively streamlined residential solar permitting. In July 2018 the Town eliminated the $100 application review fee and the ~$100 building-inspection fee for standard rooftop solar PV systems, removed the engineer's-seal requirement for rooftop PV under most cases, and raised the residential rooftop system cap from 10 kW to 20 kW. The Town targets a 3-business-day review for completed 1- and 2-family solar permits (10 days for commercial). Time-of-Use rates are optional for solar customers, and credits for excess generation can be carried forward as long as the account remains active. State law (NCGS 160D-914) prohibits HOA bans on solar collectors.
๐ชง Sign Regulations
Garage Sale Signs
Some RestrictionsApex UDO Sec. 8.7.2 prohibits all commercial and non-commercial signs in the public right-of-way (except those authorized by NCGS 136-32 for political signs in state ROW) and in the required sight triangle. The Town's Sign FAQ states that signs placed on other properties or street rights-of-way directing attention to a sale or activity are not permitted. Garage-sale signs on the host's own residential property are exempt as non-commercial signs on a residential property (UDO 8.7.1 exemption). Off-premise directional signs to the sale are prohibited and may be removed.
Holiday Displays
Few RestrictionsApex does not impose a calendar-based take-down date for residential holiday lights, wreaths, inflatables, or seasonal decorations. The UDO defines a 'Sign' (UDO Sec. 8.7.9) as a device that directs attention to a realty, product, service, place, activity, person, institution, performance, commodity, firm, business, or solicitation โ generic holiday decorations with no commercial message generally do not meet that definition. UDO Sec. 8.7.1 also exempts 'Non-commercial signs on a residential property.' Practical limits come from sight-triangle rules (UDO 8.7.2), nuisance rules in Chapter 14 of the Town Code, and HOA covenants.
Political Signs
Few RestrictionsApex regulates political and other temporary signs in Section 8.7 of the Unified Development Ordinance. Any sign permitted by the UDO may display a non-commercial message, and non-commercial signs on residential property are expressly exempt from regulation (UDO 8.7.1, exemptions). All commercial and non-commercial signs are prohibited in the public right-of-way except as authorized by NCGS 136-32 (which governs political signs in state highway ROW). On-premise non-commercial temporary signs on non-residential property are capped at 16 sq ft / 4 ft high freestanding (32 sq ft if affixed to a building) for up to 60 days per permit. No Town permit fee is charged for a non-commercial temporary sign.
๐๏ธ Property Maintenance
Property Blight
Some RestrictionsApex Town Code Chapter 14 (Offenses and Miscellaneous Provisions) prohibits the accumulation of offensive animal or vegetable matter, rubbish, and trash that constitutes a public nuisance on any premises. Junked, abandoned, and aesthetic-nuisance vehicles on private property are addressed under Town Code Chapter 20, Article III, with state authority from NCGS 160A-303 (junked vehicles) and NCGS 160D-12 (minimum housing standards). Enforcement is by the Apex Code Enforcement Division of the Planning Department; Apex Police handle abandoned vehicles per Apex PD General Order 13.13.
Vacant Lot Maintenance
Some RestrictionsUnder Apex Town Code Chapter 14, all property owners must cut weeds, grass, or other noxious growth from their lots at least twice each year โ the first cutting no later than June 15 and the second no later than August 15. The fine is $1.00 for each day weeds, grass, or other noxious growth remain uncut after notice. The Town may also enter the property and have the growth cut, charging the cost back to the owner. The same standard applies to vacant and occupied lots within Town limits. State authority is NCGS 160A-193 (abatement of public health nuisances) and NCGS 160A-200 (lien for nuisance abatement).
Trash Bin Storage
Some RestrictionsResidential garbage and recycling in Apex is collected weekly by GFL Environmental (formerly Waste Industries) under contract with the Town. Carts must be rolled to the curb the night before the assigned collection day, with garbage and recycling carts spaced 3-4 feet apart for the automated arm. Yard waste is collected on the business day after garbage/recycling. Holiday collection slides one day for the rest of the week. Missed pickups, damaged carts, and bulk-item collection are handled by Apex Customer Service at 919-249-3311.
Garage Sale Rules
Few RestrictionsApex does not require a Town permit or license for a residential garage / yard sale of personal household items. A garage sale by a resident is not 'Transient Vending' under Apex Town Code Sec. 13-60 because it does not involve a Mobile Food Unit and is not a commercial business operating from a temporary site. Sales must remain occasional; recurring or commercial-scale sales require home-occupation review under the UDO. Yard-sale signs on the host's own residential property are exempt under UDO Sec. 8.7.1 ('Non-commercial signs on a residential property'), but off-premise signs and right-of-way signs are prohibited under UDO Sec. 8.7.2.
๐ก Outdoor Lighting
๐๏ธ Trash & Recycling
Pickup Rules & Schedules
Some RestrictionsApex residential garbage and recycling collection is provided weekly by GFL Environmental (formerly Waste Industries) under contract with the Town, governed by Chapter 12, Article IV (Solid Waste Disposal) of the Apex Code of Ordinances. Yard waste collection is performed separately by the Town's own Public Works crews on the business day following the garbage/recycling day. Find your color-coded collection day at apexnc.org or via the ApexCollects mobile app, or call Ask Apex at (919) 249-3311. Holiday delays (Memorial Day, July 4, Labor Day, Thanksgiving, Christmas, New Year's) push collection one day later for the rest of that week.
Bulk Item Disposal
Some RestrictionsBulk items in Apex are collected by Town Public Works for a fee, scheduled through an online service request or by calling Ask Apex at (919) 249-3311. Single items (sofas, chairs, bicycles, grills, tables) are $11 each; multiple items are $60 per load; white goods (refrigerators, washers, dryers) are $18 each; mattresses and box springs are $15 each ($30 minimum with trip fee) and are ONLY collected on FRIDAYS. Items must be at the curb by 6:00 a.m. on the scheduled pickup day. Excluded items include construction debris, household hazardous waste, electronics, and yard waste โ these go through separate channels including the South Wake Solid Waste Management Facility at 6130 Old Smithfield Road.
Bin Placement Rules
Some RestrictionsApex residential carts are serviced by GFL Environmental using automated side-arm trucks, which means residents must place carts at the curb with adequate clearance. Roll your cart to the curb the night before your scheduled collection day. Carts must be positioned 3-4 feet apart from each other and from any vehicle, mailbox, fire hydrant, pole, or fence to allow the automated arm to operate. All items must fit INSIDE the cart with the lid fully closed โ overfilled carts are skipped. Yard waste is placed loose at the curb (no carts currently used) for separate next-day collection by Town Public Works.
๐ Drone Rules
๐ Food Trucks & Mobile Vendors
Food Truck Permits
Some RestrictionsApex Town Code Chapter 13, Article IV (Sec. 13-60 through 13-69.5), adopted by Ordinance 2019-0305-02, requires every Mobile Food Vendor and Transient Food Vendor to obtain a permit from the Apex Police Department before operating in Town. The annual fee is $150 (365-day permit). A Town of Apex Fire Marshal must pass the unit on a fire inspection no more than 30 days before application (free; 919-362-4001). Vendors must hold a Wake County Environmental Services mobile food unit permit under NCGS 130A-247 and operate from a commissary approved by the county health department.
Vending Zones
Some RestrictionsApex Town Code Sec. 13-62 limits Mobile Food Vendors to (a) private property with written owner permission, (b) Town-owned property with the Town Manager's written approval, and (c) parks under Sec. 13-52(13) and 13-53(b). Mobile Food Vendors are prohibited in residentially zoned areas, on any public right-of-way, required buffer, paved street, ADA space, or fire lane. Sec. 13-63 sets operating hours of 6 a.m. to midnight, requires a 10-ft clearance from buildings, vehicles, and combustibles, caps onboard LP gas at 200 gallons, prohibits outdoor seating tents, and requires a Town fire inspection.
๐ Building Setbacks & Zoning
๐ณ Tree Protection
Tree Replacement Requirements
Some RestrictionsApex's tree-replacement obligation arises through the Unified Development Ordinance (UDO) Article 8, Section 8.2 (Landscaping, Buffering, and Screening), which imposes Maintenance Responsibility and Replacement of Damaged Vegetation requirements on property owners for required landscape material. Trees removed without authorization from a Resource Conservation Area, required landscape area, or buffer yard must be replaced consistent with UDO standards. There is no general town-wide replacement-ratio ordinance for private tree removal outside the development context.
Tree Ordinances
Some RestrictionsApex's tree-protection framework is built into Unified Development Ordinance (UDO) Article 8 โ Section 8.1 (Resource Conservation Areas requiring a Site and Tree Survey) and Section 8.2 (Landscaping, Buffering, and Screening). The Town is a designated Tree City USA community and supports a Tree Citizen Advisory Panel (TreeCAP), the Plant the Peak free-tree program, and an annual Arbor Day observance. Authority is constrained by NCGS 160D-921, which limits local tree-removal regulation outside the development context.
Tree Removal Permits
Some RestrictionsApex requires Town review for tree removal only when triggered by development: trees in a Resource Conservation Area, in required landscape material, in a buffer yard, or designated for retention on an approved development plan. Application is through the Planning Department under Unified Development Ordinance (UDO) Article 8. NCGS 160D-921 preempts local tree-removal ordinances on present-use-value forestland and forester-managed forests, so Apex cannot impose a general tree-removal permit on private property outside the development context.
Heritage & Protected Trees
Few RestrictionsApex does not currently have a heritage, specimen, or champion tree designation program in its Unified Development Ordinance. Town tree protections operate through Resource Conservation Areas (RCAs) under UDO Section 8.1 and required landscape material under Section 8.2. The Tree Citizen Advisory Panel (TreeCAP) has recommended that the Town adopt designations for champion and heritage trees, expand protections for critical root zones, and require a resource management plan for development projects over two acres, but those recommendations have not been codified.
๐ข Noise from Specific Sources
๐ Invasive Plant Rules
Overall: What to Expect in Apex
Apex has 104 ordinances on file across 23 categories. Of these, 29 are rated permissive, 53 moderate, and 22 strict. This gives you a general sense of how tightly regulated daily life is in Apex compared to other cities.
Rules can change, and enforcement varies. Always verify specific requirements with the city directly before making major decisions like building a fence, listing on Airbnb, or starting a home business.