FENCE RULES – NEW HANOVER (COUNTY), NORTH CAROLINA
OVERVIEW
Residential fences are permitted on private property within New Hanover County, subject to local regulations.
This page applies to properties in the unincorporated areas of New Hanover County; incorporated municipalities regulate fences under their own ordinances.
New Hanover County does not publish a single consolidated “fence ordinance” section for typical residential fences. Relevant standards appear across the County’s permitting guidance, the Unified Development Ordinance (for items such as intersection visibility and flood hazard areas), and the locally adopted building code permit-exemption list.
This page focuses on typical single-family residential fencing. If the jurisdiction’s adopted materials do not state a specific limit or requirement, this page notes that the code does not specify one.
Compiled From New Hanover County Building Safety permitting materials, New Hanover County Planning & Land Use FAQ materials, the New Hanover County Unified Development Ordinance, the New Hanover County Code of Ordinances, and the North Carolina Building Code administrative permit-exemption list as of February 2026.
GOVERNANCE
New Hanover County regulates development in the unincorporated areas through the New Hanover County Board of Commissioners and County departments administering adopted ordinances and permitting processes.
Primary offices and materials used for fence-related administration in the sources reviewed include:
• Building Permit Administration: New Hanover County Building Safety (residential permit guidance and permit screening materials).
• Planning and Zoning Administration: New Hanover County Planning & Land Use (zoning FAQ materials used for public-facing guidance on whether a permit is required for a fence).
• Floodplain Administration: The Unified Development Ordinance establishes flood damage prevention standards administered through a Floodplain Administrator and a Floodplain Development Permit process for Special Flood Hazard Areas.
Fence-related standards referenced in the sources reviewed for this page appear within the locally adopted building code permit-exemption list, the New Hanover County Unified Development Ordinance (including intersection visibility and flood damage prevention), and limited general property maintenance provisions in the New Hanover County Code of Ordinances.
PERMIT AND APPROVAL REQUIREMENTS
• Building Permit (County Screening Standard): New Hanover County’s residential permit screening materials indicate No Permit Required for a Fence (under 6 feet).
• State Building Code Permit-Exemption Baseline: The locally adopted building code permit-exemption list includes fences not over 7 feet as work exempt from a building permit. Where County-published permitting materials identify a different threshold for “no permit required,” the County’s published administrative screening standard controls for that threshold.
• Floodplain Development Permit: A Floodplain Development Permit is required prior to commencement of development activities within a Special Flood Hazard Area. The Unified Development Ordinance includes fence-specific standards for certain flood hazard sub-areas.
• Zoning Permit / Zoning Approval: New Hanover County Planning & Land Use states that a permit is not required to build a fence, and states that the County’s zoning ordinance does not regulate fences.
FENCE PLACEMENT RULES
The ordinance does not state a setback requirement for standard residential fences from property lines; however, fences must be located entirely on the owner’s property and must not encroach into rights-of-way or easements.
• Easements: New Hanover County’s published materials state that a fence must not encroach into access easements, stormwater easements, or utility easements.
• Flood Hazard Areas: In designated flood hazard areas, fence placement and design may be constrained by floodway and coastal high hazard standards in the Unified Development Ordinance.
• Utility Safety: North Carolina’s Underground Utility Safety and Damage Prevention Act requires the person responsible for excavation or demolition to provide notice to the Notification Center (NC 811) before digging. Notice must be provided not less than three (3) full working days before the proposed commencement date of the excavation or demolition. Notice expires 28 calendar days after the date notice was given.
FENCE HEIGHT AND VISIBILITY RULES
• Maximum Height: The Unified Development Ordinance does not specify a maximum height for standard residential fences.
• Corner Lots, Residential Districts: On a corner lot in any residential district, nothing may be erected, placed, planted, or allowed to grow in a manner that materially impedes vision between 3 feet and 10 feet above finished grade within the area bounded by the street rights-of-way and a line joining points along those rights-of-way 50 feet from the intersection.
MATERIAL AND CONSTRUCTION LIMITS
The Unified Development Ordinance does not specify permitted or prohibited fence materials for standard residential fences as a general countywide rule.
• Regulated Floodways and Non-Encroachment Areas: Fences in regulated floodways and Non-Encroachment Areas that have the potential to block the passage of floodwaters are subject to the floodway and Non-Encroachment Area limitations in the Unified Development Ordinance.
• Coastal High Hazard Areas (Zone VE): The Unified Development Ordinance restricts solid fences, privacy walls, and fences prone to trapping debris in Coastal High Hazard Areas unless designed and constructed to fail under lesser flood conditions or otherwise function to avoid obstruction of floodwaters.
PRIVATE RESTRICTIONS
Homeowners’ associations, deed restrictions, and private covenants are not part of the municipal code and may impose fence rules that are more restrictive than county requirements.
REVIEW AND ENFORCEMENT CONTEXT
Fence issues are typically reviewed during permit or approval review when required, and through complaint-based code enforcement. Examples include:
• Flood Hazard Areas: Review for a required Floodplain Development Permit and for compliance with floodway and coastal high hazard standards when a property is within a mapped Special Flood Hazard Area.
• Intersection Visibility (Corner Lots): Review of obstructions within the residential-district intersection visibility area defined by the Unified Development Ordinance.
• Encroachments: Review of reported or observed fence encroachments into access, stormwater, or utility easements, and into rights-of-way where applicable.
• Property Maintenance Context: Review of complaints tied to property maintenance standards that include keeping fences and walls free of litter where that standard applies.
• Permit Screening Questions: Review of whether a proposed fence falls within the County’s published “no permit required” screening standard for fences under 6 feet, and whether additional approvals apply due to flood hazard location.
USING THIS INFORMATION
This page provides general orientation on how residential fence rules are structured and applied within New Hanover County, based on publicly available materials reviewed as of February 2026.
In addition to local fence rules, certain North Carolina laws apply statewide. See Statewide fence laws in North Carolina.
It is not legal advice and does not replace official ordinances, permits, surveys, or professional guidance. Rules and interpretations may change, and application may vary based on zoning district, site conditions, easements, rights-of-way, and private restrictions such as HOA covenants. Before purchasing materials or beginning construction, confirm current requirements and any site-specific limitations with New Hanover County Building Safety and any applicable private agreements. If this page conflicts with official ordinances, published guidance, or direction from New Hanover County staff, the official sources control. For legal advice or legal interpretation, consult a licensed attorney.