Skip to main content
CityRuleLookup

Before You Build in Cary, NC: Permit & Rule Checklist (2026)

Everything you need to know before starting a home improvement project

Building a fence, installing a pool, or adding a shed? Each project has its own set of local permits and rules in Cary. This guide consolidates fence, pool, ADU, shed, fire pit, and landscaping regulations into one checklist so you know what to expect before you start.

Quick Permit Checklist

At-a-glance overview of permit categories in Cary. Click any card for details.

Fences & Walls

Some Restrictions

Height limits, materials, permits, and shared fence rules.

Height Limits

Some Restrictions

Cary limits fences to 4 feet in front yards and up to 6โ€“7 feet in side and rear yards per LDO ยง7.2.7. Fences within 15 feet of a road have a 6-foot maximum; other areas allow up to 7 feet.

Front Yard: 4 feet maximumNear Road (15 ft): 6 feet maximumSide/Rear Yard: 7 feet maximumCode Section: LDO ยง7.2.7

Permit Requirements

Few Restrictions

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.

Standard Fences: No permit neededCollector/Thoroughfare: Permit requiredRetaining Walls: Permit if over 4 feetHOA Review: May be required separately

Neighbor Fence Rules

Few Restrictions

North Carolina does not have a statutory requirement for neighbors to share fence costs. Cary follows common law principles โ€” the builder pays unless both parties agree to share costs.

Cost Sharing: No statutory requirement โ€” by agreement onlyProperty Line: Build on your side or by agreementDisputes: Civil matter โ€” survey recommendedSpite Fences: May be actionable under common law

Swimming Pools

Heavy Restrictions

Pool permits, safety fencing, and drainage requirements.

Fencing Requirements

Heavy Restrictions

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.

Barrier Height: 48 inches (4 feet) minimumGate Direction: Must open outward from poolSelf-Latching: Required on all gatesOpening Size: No gaps allowing 4-inch sphere

Above-Ground Pools

Some Restrictions

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.

Barrier Required: If pool has 18+ inches of waterWall Height: 48 inches may serve as barrierLadder: Must be lockable or removableElectrical: Licensed electrician, GFCI required

Safety Rules

Heavy Restrictions

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.

Building Permit: Required for all new poolsAnti-Entrapment: VGB Act compliant drains requiredFinal Inspection: Required before useElectrical: Must be bonded and grounded per NEC

ADUs & Granny Flats

Some Restrictions

Accessory dwelling unit rules and garage conversion permits.

Garage Conversions

Some Restrictions

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.

Building Permit: RequiredParking: May need replacement spacesStandards: Must meet habitable space codeADU Option: May qualify as ADU conversion

ADU Rules

Some Restrictions

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.

Allowed: Yes โ€” one per single-family lotTypes: Detached, attached, or conversionDesign: Must match primary dwelling characterBuilding Permit: Required

Sheds & Outbuildings

Some Restrictions

Shed permits, setback limits, and outbuilding size rules.

Carport Rules

Some Restrictions

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.

Code: Cary LDO 5.3.4 / Table 6.3-1Rear Setback (Detached): 5 feetSide Setback (Detached): 5 feetFront (Roadway) Setback: No projection allowed

Shed Rules

Few Restrictions

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.

Permit Exempt: Small sheds under ~120 sq ftSetbacks: Typically 5 feet from property linesFront Yard: Not permittedHOA Rules: Often regulate sheds

Fire Pits & Outdoor Structures

Some Restrictions

Fire pit placement, outdoor burning restrictions, and permits.

Fire Pit Rules

Some Restrictions

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.

Recreational Fire Setback: 25 feet from structuresPortable Fireplace (residential): No 15-foot setback requiredPermit Required: No โ€” for portable fireplacesAttendance: Must be attended at all times

Outdoor Burning

Some Restrictions

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.

Trash Burning: ProhibitedRecreational Fires: Allowed with conditionsBurn Bans: Must be observed when issuedCode Section: Chapter 16 Fire Prevention

Landscaping & Tree Removal

Some Restrictions

Tree removal permits, heritage tree protections, and water rules.

Tree Trimming

Some Restrictions

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.

Sidewalk Clearance: 8 feet minimumStreet Clearance: 14 feet minimumUrban Forestry: Town maintains public treesTree Protection: Preservation required for development

Water Restrictions

Some Restrictions

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.

Watering Schedule: Odd/even address days during restrictionsPreferred Times: Before 10 AM or after 6 PMDrought Stages: Escalating restrictionsWater Source: Jordan Lake / Cary/Apex WTF

Tree Removal & Heritage Trees

Some Restrictions

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.

Permit May Be Required: For significant treesDevelopment: Tree preservation plan requiredExemptions: Dead, diseased, or hazardous treesReplacement: May be required for removals

General Permit Tips

When do you typically need a permit?

Most cities require permits for structural work, including fences over a certain height, pools, ADUs, and sheds above a size threshold. Even projects that seem minor can trigger permit requirements, so it is always best to check first.

How to apply for a building permit

Visit your local building department or their website. Most jurisdictions accept online applications. You will typically need a site plan, project description, and may need contractor information. Processing times vary from same-day for simple projects to several weeks for larger builds.

Common permit violations to avoid

Building without a permit, exceeding approved dimensions, and ignoring setback requirements are the most common violations. Penalties can include fines, required removal of the structure, and complications when selling your home.

Permit Guides for Nearby Cities

Looking for rules beyond permits? View all ordinances we track for Cary.