Islip, NY Swimming Pools & Spas: Fencing & Safety Requirements (2026)
Key Facts
- Max hot tub size
- 7 ft x 7 ft (49 sq ft)
- Max height
- 4 feet
- Side yard setback
- 10 feet minimum
- Rear yard setback
- 10 feet minimum
- Applies in
- Residence BAA District (Fire Island)
- Zoning penalty
- Up to $2,000 fine, 15 days jail
Summary
On Fire Island, the Town's Residence BAA District, Islip caps every hot tub or spa at seven feet by seven feet (49 square feet) and four feet in height. Code § 68-138A(4) treats the hot tub as an accessory use, and §§ 68-145C(1) and 68-146B(1) hold it back at least 10 feet from any side or rear lot line.
Hot tub or spa provided that the size of such hot tub or spa does not exceed seven feet by seven feet, or 49 square feet, in area or a height of four feet. ... No accessory buildings or hot tubs shall be closer to any side yard than 10 feet. ... Accessory buildings or hot tubs shall not be nearer to a rear line than 10 feet.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4826765; v112 updated 2026-02-24; through 02-24-2026).
Full Breakdown
Article XI of the zoning chapter governs the Residence BAA District, the barrier beach the Town Board calls "Fire Island" in § 68-135, adopted to protect the beach's ecological function and control overdevelopment. Within that district, § 68-138, Accessory uses, lists what may sit on a residential lot besides the dwelling: sheds, decks, ramps, aboveground pools, and, since a 2008 amendment, a hot tub or spa. Subsection A(4) caps that hot tub or spa at seven feet by seven feet, 49 square feet, or a height of four feet; anything larger is not a permitted accessory use and would need Zoning Board of Appeals relief rather than a routine building permit.
Placement is also fixed: § 68-145C(1) keeps accessory buildings and hot tubs at least 10 feet off any side lot line, and § 68-146B(1) applies the same 10-foot minimum to the rear line, both provisions were amended in 2010 to fold hot tubs into the existing accessory-structure setback standard. Because Article XXVIII's chapter-wide definition of "swimming pool" at § 68-384 expressly includes a "hot tub," a Fire Island hot tub also has to clear the general swimming pool article's permit and electrical safety rules administered by the Building Division of the Department of Planning and Development, on top of the size and setback limits unique to the BAA District.
Violations of the zoning chapter, including an oversized or misplaced hot tub, are enforced under § 68-421 (Article XXXV), which sets a fine up to $2,000 or up to 15 days' imprisonment.
Violations & Fines
Building or maintaining an oversized or misplaced hot tub violates Chapter 68 under § 68-421: a fine of up to $2,000, imprisonment up to 15 days, or both, with every additional day of noncompliance counted as a separate violation. The Building Division and Code Enforcement can require removal or a Zoning Board of Appeals variance before the hot tub may remain in place.
Frequently Asked Questions
Does the 49-square-foot hot tub limit apply everywhere in Islip?
Can I build a bigger hot tub on Fire Island?
How close to my property line can I place a hot tub?
What happens if my hot tub doesn't meet these rules?
Sources & Official References
Other rules in Islip
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