Authored by Port City Fence • Updated 11/12/2025
Do I Need a Fence Variance? (Quick Quiz)
Answer a few quick questions to see if your project likely needs a variance, may qualify for a front‑yard waiver, or can proceed with a standard permit. This is guidance only — we can pre‑check your site within 24 hours.
Do I Need a Fence Variance?
Is your proposed fence over the standard front‑yard height?
Is the property a corner lot (sight triangle applies)?
Is the property in a local Historic District?
Is any part of the site in a floodplain?
Is the site within a Coastal AEC?
Are you planning front‑yard materials that are restricted?
Front‑Yard 6‑ft Waiver — Non‑Waivable Conditions
On a thoroughfare? (Non‑waivable)Deeper setback required by zoning? (Non‑waivable)Open area above 4' at ≥50%? (Non‑waivable)
City vs. County Regulations
Item
Wilmington
New Hanover County
Who regulates fences?
City Planning & LDC
County generally does not regulate most fences; check easements/HOAs
Variance board
City Board of Adjustment (BOA)
Zoning Board of Adjustment (ZBOA)
Typical fee
~$500 (+ mail notice cost)
~$400
Pre‑application
Mandatory
Recommended
Variance Process Timeline
Pre‑application
City mandatory; County advised
Bring sketch/survey; confirm triggers
Submit application
Forms, justification letter, site plan, notice list, fee
Public notice
Mail/posting requirements before hearing
Hearing & vote
City needs 4/5 concurring; County simple majority
Post‑approval
Permit → Conditions → Inspections → Keep records
Four Required Findings
- Hardship
- Unique physical conditions cause unnecessary hardship under strict rules
- Uniqueness
- Hardship tied to property, not shared broadly in district
- Not self‑created
- Applicant didn't create the hardship
- Spirit & safety
- Minimizes impacts; consistent with ordinance intent
Common Pitfalls to Avoid
- Incomplete packet or missed deadlines
- Arguing non‑physical hardship (e.g., cost alone)
- No neighbor outreach or exhibits
- Confusing 6‑ft front‑yard waiver with variance
- Ignoring easements, utilities, trees, or sight triangles
Special Overlay Districts
Historic Districts (Wilmington)
- COA required before variance/permit
- Follow HPC materials/height guidance
Floodplains
- May require Floodplain Development Permit
- Design to avoid flow obstruction
Coastal AECs (CAMA)
- If within AEC: CAMA review/permit may apply
- Verify setbacks from coastal features
Quick Questions
Can I build a 6‑ft fence in my front yard?
Possibly via a front‑yard waiver if all non‑waivable conditions are met; otherwise a variance may be required.
Do corner lots have special visibility rules?
Yes — sight triangle protections limit fence height near intersections.
What documents do I need for a variance?
Justification letter, site plan, notices, and evidence for the four findings.
Next steps: If your result suggests a variance or planner review, read What is a Variance? or Contact Us to get started.