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

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

Key Facts

Fence height range
4 to 6 feet from ground level
Distance from water edge
Minimum 4 feet
Max opening size
4 inches in any dimension
Gate hardware
Self-closing, self-latching, top-mounted
Fence-exempt pool wall height
54 inches with removable ladder/gate

Summary

Middleton requires any residential pool not enclosed in a permanent building to be surrounded by a 4-to-6-foot fence with no gaps over 4 inches and self-closing, self-latching gates, unless the pool's own walls are at least 54 inches tall.

Pools within the scope of this Section that are not enclosed with a permanent building shall be completely enclosed by a fence of sufficient strength to prevent access to the pool. Such fence or wall shall be a maximum of six (6) feet in height from ground level and a minimum of four (4) feet in height from ground level and a minimum of four (4) feet from the water surface edge, and constructed not to have voids, holes, or openings larger than four (4) inches in one dimension. Gates or doors shall be equipped with self-closing and self-latching devices located at the top of the gate or door on the pool side of the enclosure, except the door of any residence that forms a part of the enclosure.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 3 Update 1).

Full Breakdown

42(8) requires that pools not enclosed within a permanent building be completely enclosed by a fence of sufficient strength to prevent access. The barrier must be a maximum of 6 feet and a minimum of 4 feet in height from ground level, and a minimum of 4 feet from the water's edge, with no voids, holes, or openings larger than 4 inches in any dimension. Gates or doors must have self-closing and self-latching devices mounted at the top of the gate on the pool side of the enclosure, except for a residence door that itself forms part of the enclosure.

Subsection (8)(a) waives the fence requirement if every side of the pool structure itself is at least 54 inches tall with a removable ladder or gate, or if a shorter structure has Zoning Administrator-approved wall extensions reaching that height. Existing fences at least 48 inches tall that otherwise comply are grandfathered under (8)(b). 42(9) requires that any pool existing when the chapter was adopted but not properly fenced must be brought into compliance whenever water is placed in it, and the Building Inspector inspects enclosures on existing pools for compliance. 42(5).

Violations & Fines

A pool left without a compliant enclosure, gaps in the fence larger than 4 inches, or a gate lacking a working self-closing and self-latching device is a code violation the Building Inspector can cite on inspection, and water cannot lawfully be added to an existing unfenced pool until the enclosure meets § 10.06.42(8).

Frequently Asked Questions

Do I need a fence around my above-ground pool in Middleton?
Not always. City of Middleton Municipal Code § 10.06.42(8)(a) waives the fence requirement if every side of the pool structure is at least 54 inches tall and has a removable ladder or gate, or has approved wall extensions reaching that height.
How big can gaps in a pool fence be?
No opening may exceed 4 inches in any dimension, per § 10.06.42(8), and the fence or wall must run between 4 and 6 feet tall and stay at least 4 feet back from the water's edge.

Sources & Official References

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