Waukesha County, WI Swimming Pools & Spas: Fencing & Safety Requirements (2026)
Key Facts
- Minimum fence/wall height
- 4 feet
- Above-ground pool exemption
- Walls 4+ ft, extend 5 ft out
- Permit required
- Yes, under Sec. 3.03
- Prohibited districts
- A-E and C-1 Conservancy Overlay
- Ladder rule
- Must lock or tip to block access
Summary
Waukesha County requires a wall or fence at least four feet high around an in-ground pool, but an above-ground pool is exempt if its own walls are at least four feet above grade and extend five feet out, and a zoning permit is required either way.
3.19 Swimming Pools, as defined in Section 2.02.
(1) Use permitted: Above and below ground Swimming Pools are permitted in any District other than A-E or C-1 Conservancy Overlay Districts, subject to the following:
(A) The pool must be intended to be used solely by the occupants of the Principal Use of the property on which the pool is intended to be located and their guests.
(C) Walls or fences of at least four (4) feet in height shall be provided around the immediate area of the pool to act as a deterrent for unsupervised children gaining access. Where the pool is an above ground pool, no additional fence or wall shall be required if the walls of the pool are at least four (4) feet above the grade of the land completely surrounding it and extending at least five (5) feet from the walls of the pool. If an access ladder is provided, it shall be so designed so that it can be locked, tipped or otherwise placed to prohibit access to the pool by children.
(2) Permit required: No Swimming Pool shall be constructed unless a zoning permit has been issued pursuant to Section 3.03 of this Ordinance.
Full Breakdown
Sec. 19(1) permits above-ground and below-ground swimming pools in any zoning district except the A-E and C-1 Conservancy Overlay Districts, and limits their use to the occupants of the principal use on the property and their guests. " For an above-ground pool, no separate fence or wall is required if the pool's own walls are at least four feet above the surrounding grade and extend at least five feet out from the pool's walls, since the pool structure itself serves as the barrier. Whichever barrier is used, any access ladder must be designed so it can be locked, tipped up, or otherwise placed to keep children out when the pool is not in use.
Sec. 19(1)(B) additionally requires that the whole pool complex, including surrounding walks, patios, diving platforms, bathhouses and accessory structures, meet the setback and offset requirements of the applicable zoning district. Sec. 19(2) makes clear that no swimming pool of either type may be constructed without a zoning permit issued under Sec. 03.
Violations & Fines
Building a pool without the required barrier, or without the zoning permit, is enforced under Sec. 22.03(1): a forfeiture of $50 to $1,000 per offense, with each day the noncompliant pool remains in place counted as a separate violation, plus prosecution costs and up to six months in jail if the forfeiture goes unpaid. The Zoning Administrator can also revoke or withhold the permit and issue a cease-and-desist order under Sec. 22.02(3)(B) until the barrier is installed.
Frequently Asked Questions
Do I need a fence around my above-ground pool?
How tall does a fence need to be around an in-ground pool?
Do I need a permit to install a pool?
Can I install a pool anywhere on my property?
Sources & Official References
Other rules in Waukesha County
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