Currently, no permit is required to build fences or walls (retaining walls do require a permit) within Durham City or County limits, unless the property is located in a designated flood plain. However, there are certain requirements in the Unified Development Ordinance which must be met, concerning height, location, and style of fences allowed. When the term "fence" is used, please understand that you need to include the term "wall" for the purposes of the ordinance. If the fence is located in the side or rear yard, the maximum allowed height is 8 feet. When a fence is located in the front yard, the maximum allowed height is 4 feet.
As in many things, there are exceptions. For corner lots, fences located between the primary structure and the side street are limited to a maximum of 4 feet in height along the entire street yard unless a use permit is obtained from the Board of Adjustment. If the lot has 2 acres or more, a fence may exceed the 4 foot height limit up to a maximum of 8 feet height without Board of Adjustment approval if the fence is at least 50 feet from any right-of-way and can be seen through due to the type material from which it is constructed, such as a split-rail or chain-link fence. For more information on when a fence must be approved through the Board of Adjustment, contact the Planning Department (919-560-4137).
When the Board of Adjustment is asked to rule on whether a fence may exceed the limits of the ordinance, they must decide based upon the following factors, as well as site-specific criteria: