Cary NC HOA laws & Wake County compliance

Cary has never adopted a short-term-rental ordinance, permit, or registration program, so there's no town STR code section to point to — LDO use tables cover the property's zoning district the same way they would any other residential use. The 2019 North Carolina Court of Appeals decision in Schroeder v. City of Wilmington limits how far a municipality can go in categorically banning STRs, which is part of why Cary hasn't tried to prohibit them outright. Operators still owe North Carolina's 4.75% sales tax, Wake County's 2.5% local sales tax, and Wake County's 6% Room Occupancy Tax; the town's near-universal HOA coverage means recorded covenant minimum-stay and rental-cap language does most of the actual enforcement here.

Under LDO Sec. 6.3.2, most residential fences and retaining walls in Cary don't need a town permit as long as they're 8 feet or less and not within 30 feet of a street classified as a thoroughfare or collector. Cross either threshold — taller than 42 inches within that 30-foot band next to a thoroughfare or collector — and a Fence Permit is required, plus evergreen shrubs planted roughly every 5 feet along the fence, each at least 24 inches tall at installation. Fences can't sit in sewer, utility, stormwater-access, or sight-distance easements regardless of height.

Cary collects household garbage and yard waste weekly on the same day at every address, with recycling picked up every other week on that same day — there's no separate recycling-only truck day to remember. Find your specific collection day, holiday shifts, and what's accepted with the Cary Collects tool or app. Carts go out no earlier than dusk the night before and must be at the curb by 7 a.m., pulled back in by 6 a.m. the next day; the town charges a $26 monthly sanitation fee.

Cary's own building-permit FAQ draws the line at 12 feet: residential accessory buildings no more than 12 feet in any dimension don't need a building permit, but decks, gazebos, retaining walls, screened porches, sunrooms, and detached garages need one regardless of size. Anything within 5 feet of a setback, easement, or buffer also triggers an as-built survey requirement. Combined accessory-structure area generally can't exceed about a third of the home's heated square footage — call 311 or (919) 469-4000 before assuming a shed is exempt.

North Carolina Session Law 2022-75 (and related statutes) limits unreasonable HOA restrictions on solar collectors in many subdivisions, subject to reasonable location rules. Water-efficient landscaping should be allowed when consistent with city water policies.

North Carolina has no state HOA commission. Disputes go through Wake County courts (District Court handles small claims), private mediation, or internal HOA procedures under NC Chapter 47F. File liens and CC&R amendments with the Wake County Register of Deeds.