Sussex County, DE Swimming Pools & Spas: Fencing & Safety Requirements (2026)

Section 115-185(D) of the Zoning Code regulates accessory swimming pools directly. An open, unenclosed pool may occupy a required rear or side yard, but it cannot sit closer than 10 feet to an interior side lot line or 6 feet to a rear lot line. The subsection then imposes two distinct safety measures: a walk space at least 3 feet wide must separate the pool walls from any protective fence or barrier wall, and every pool must be protected by a safety fence or barrier at least 4 feet in height, built of chain-link, concrete, stockade-wood, or an equivalent material. The county does not specify a self-latching gate mandate in this section; the requirement is limited to the fence or barrier's height, material and the 3-foot clearance from the pool itself.

Because § 115-185 sits in Article XXV, Supplementary Regulations, which the code states "qualify or supplement the district regulations appearing elsewhere in this chapter" (§ 115-177), the pool setback and fencing rule applies on top of whatever yard and lot-coverage limits govern the underlying zoning district, whether AR-1, GR or another residential classification. A pool built without the required barrier, or one placed inside the 10-foot side or 6-foot rear setback, is out of compliance regardless of the district's general yard table.

As with other accessory structures under § 115-185, the county treats compliance as a permitting matter: the Director of Planning and Zoning reviews the site plan for setback and barrier compliance before work proceeds.