Cary, NC Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit authority
- Town Manager or designee
- Eligible minor items
- Irrigation, fences, landscaping
- Eligibility
- Adjacent property owner only
- Bond required
- None for minor encroachments
- Max civil penalty
- $500/day continuing violation
Summary
Cary lets adjacent owners get a town manager permit for minor encroachments like irrigation, fencing and landscaping into street rights-of-way and sidewalks.
Therefore, the town manager may grant an adjacent property owner ('Applicant') a non-exclusive, revocable permit to encroach into street rights-of-way as necessary for the installation of parts of irrigation systems, fences and landscaping plants and materials. The manager may also consent to such encroachments into town access and utility easements, provided the Applicant owns the underlying fee.
(b) All applications for a permit for Minor Encroachment shall be in writing on such form as the town may require and shall be subject to and in accordance with this Article and Article V, except no performance bond or letter of credit shall be required. (Ord. No. 2012-Code-07, 12-13-2012) Secs. 28-168—28-185. Reserved. **** ARTICLE VII. PARADES AND PICKETING ****
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2023 S-87_S-57: Current through local ordinance 2022-Code-05, passed 11-17-2022 and effective 11-17-2022 | LDO: Current through local ordinance 2022-LDO-04, passed 11-17-22 and effective 11-17-22).
Full Breakdown
In the Town of Cary, Wake County, North Carolina, placing private improvements in a public street right-of-way (which the code defines to include sidewalks) requires town permission. For small, low-impact items, irrigation system parts, fences, and landscaping plants and materials, an adjacent property owner may apply to the town manager for a non-exclusive, revocable Minor Encroachment permit. It only issues where there's no disruption to traffic, no impact to paved or concrete surfaces, and no impact on the town's ability to maintain the right-of-way; no performance bond or letter of credit is required for this minor category, unlike larger encroachment agreements.
Violations & Fines
Encroaching without a permit lets the town manager order removal and restoration, revoke permission, and impose civil penalties up to $500 per day.
Frequently Asked Questions
Can I put a fence in the Cary right-of-way?
Do I need a bond for a minor encroachment in Cary?
Sources & Official References
Other rules in Cary
Compare Cary to another location·View the North Carolina sidewalk & pedestrian rules overview
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Encroachment Permits in Nearby Cities
How other cities in Wake County handle encroachment permits.