Swimming Pools & Spas in Sussex County, DE (2026)
2 rules for unincorporated Sussex County, Delaware.
Verified from official government sources
Pool Permits
A residential swimming pool counts as a regulated structure in Sussex County, so building it requires a permit from the Building Official before work starts, just like any other structure.
Sussex County Swimming Pool Building Permit
Some RestrictionsSussex County Code § 115-4 (definitions), cross-referenced with § 52-16
SWIMMING POOL: Any portable pool or permanent structure containing a body of water 18 inches or more in depth area intended for recreational purposes, including a wading pool, but not including an ornamental reflecting pool or fish pond or other type of pool located and designed so as not to create a hazard or be used for swimming or wading. STRUCTURE: Anything constructed or erected... includi...
Fencing & Safety Requirements
Every swimming pool in unincorporated Sussex County must be protected by a safety fence or barrier at least 4 feet high, built of chain-link, concrete, stockade-wood or equal material, under Zoning Code § 115-185(D), which also sets pool setbacks and a required 3-foot walk space.
Sussex County Pool Safety Fence Rules
Some RestrictionsSussex County Code § 115-185(D)
D. Accessory swimming pools, open and unenclosed, may occupy a required rear or side yard, provided that they are not located closer than 10 feet to an interior side lot line or six feet to a rear lot line. A walk space at least three feet wide shall be provided between pool walls and protective fences or barrier walls. Every swimming pool shall be protected by a safety fence or barrier at leas...
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