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Burlington, WI Swimming Pools & Spas: Fencing & Safety Requirements (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
City Code § 115-18(B)(2)
Minimum fence height
4 feet
Max opening in fence
6 inches square
Gate requirement
Self-closing, self-latching device
Latch height
At least 3 feet above ground
Fence exemption
4-ft aboveground pool wall, full perimeter
Minimum lot line setback
5 feet, no front yard placement

Summary

Burlington requires a fence or solid enclosure at least four feet tall around any permitted pool, with gaps no larger than six inches, self-closing and self-latching gates, and latches set at least three feet high. Aboveground pools with a four-foot wall for the full perimeter skip the fence.

A fence or other solid structure of not less than four feet in height shall completely enclose said premises and/or swimming pool. There shall be no opening in said fence or wall larger than six inches square. All gates or doors opening through such enclosure shall be kept securely closed at all times while unattended and shall be equipped with a self-closing and self-latching device designed capable of keeping such door or gate securely closed. Latches shall be located at least three feet above the ground, accessible deck or stairs. ... A fence is not required around an aboveground pool where the pool wall is at least four feet above grade for the full pool perimeter. The finished grade shall be maintained for a minimum of four feet beyond the outside perimeter of the pool.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4997580; v29 updated 2026-07-07; through 07-07-2026).

Full Breakdown

Section 115-18(B)(2) sets Burlington's pool barrier standard. A fence or other solid structure not less than four feet in height must completely enclose the premises or the pool itself, with no opening in the fence or wall larger than six inches square. Every gate or door through that enclosure must stay securely closed at all times while unattended and must carry a self-closing, self-latching device capable of keeping it securely shut, with the latch positioned at least three feet above the ground, deck, or stairs.

An aboveground pool is exempted from the separate fence requirement only if the pool wall itself is at least four feet above grade for the entire pool perimeter, and the finished grade around it must be maintained for at least four feet beyond the pool's outside edge to preserve that height. When a pool is not completely fenced, any ladders, steps, or other access must be removed or designed to block access whenever the pool is unattended. Pools also cannot sit in a front yard or closer than five feet to any lot line or building wall, and Subsection A requires a permit for aboveground pools (except wading pools under two feet deep that are readily movable), in-ground pools, and public pools, which must additionally meet Wisconsin Department of Health and Family Services rules under Wis. Admin. Code Ch. HFS 172.

Violations & Fines

An unfenced or improperly latched pool violates § 115-18(B)(2), which like the rest of Chapter 115 is enforced under § 115-26 through the Chapter 1, § 1-4 general penalty: $5 to $500 forfeiture plus costs for a first offense and $10 to $1,000 for a repeat within a year, with each day the barrier remains noncompliant treated as a separate offense under § 115-24.

Frequently Asked Questions

Does my pool need a fence in Burlington, Wisconsin?
Generally yes: § 115-18(B)(2)(a) requires a fence or solid structure at least four feet tall completely enclosing the pool or premises, with gaps no larger than six inches and self-closing, self-latching gates with latches at least three feet high.
Can I skip the fence if I have an aboveground pool?
Yes, under § 115-18(B)(2)(b), if the pool wall itself is at least four feet above grade for the full perimeter and the finished grade is maintained for at least four feet beyond the pool's outer edge; otherwise the standard fence rule applies.
How close to my property line can I put a pool in Burlington?
Section 115-18(B)(1)(a) bars pools from the front yard and requires at least five feet of separation from any lot line or building wall, and bars placing a pool between the setback line and the street right-of-way on lots bordered by two public streets.

Sources & Official References

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