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

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

Key Facts

Setback
No street, side, rear, or shore yard
Drainage
Can't flow onto neighbors or wetlands
Area cap
30% of parcel, pool + hot tub
Design standard
Current NSPI and ANSI standards

Summary

Winnebago County requires backyard pools to meet current National Spa and Pool Institute and ANSI standards for plumbing, electrical, fencing, and safety, and bars draining pool water onto a neighbor's land or into a wetland.

City-specific rules exist: Neenah has its own fencing & safety requirements rules that differ from Winnebago County's county-level regulations. If you live in Neenah, check the city-specific page instead.

(c) Draining of water. Water that is drained out of a swimming pool shall not flow onto adjoining property, into a wetland, or into a sewer without the approval of the public works director or equivalent.

(d) Area. The area occupied by a swimming pool and hot tub shall not exceed 30 percent of the area of the parcel of land.

(e) Design specifications. A swimming pool shall meet the most current standards published by the National Spa and Pool Institute (NSPI) and the American National Standards Institute (ANSI) including those for plumbing, electrical service, sanitation, fencing, security, and safety.

Full Breakdown

Ch. 23 § 23.8-490 keeps a pool out of the street yard and the side, rear, or shore yard setback, and treats its decking as part of the pool for setback purposes. Water drained from the pool can't flow onto a neighbor's land, into a wetland, or into a sewer without sign-off from the public works director. The pool, combined with any hot tub on the lot, can't cover more than 30 percent of the parcel, and the pool itself must meet the most current National Spa and Pool Institute and ANSI standards for plumbing, electrical service, sanitation, fencing, security, and safety. This section applies only in towns that adopted Ch. 23 by resolution.

Violations & Fines

Draining a pool onto a neighbor's yard or into a wetland, or building a pool that skips the NSPI/ANSI standards, is a violation under § 23.14-3: the county can issue a stop-work order and pursue forfeitures under § 23.14-9.

Frequently Asked Questions

Where can't I put a swimming pool in Winnebago County?
Ch. 23 § 23.8-490 bars a pool from the street yard and from the side, rear, or shore yard setback; decking counts as part of the pool.
What design standard applies to a Winnebago County backyard pool?
§ 23.8-490(e) requires the most current National Spa and Pool Institute and ANSI standards for plumbing, electrical, sanitation, fencing, security, and safety.

Sources & Official References

Other rules in Winnebago County

All Winnebago County rules

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