Amherst, NY Swimming Pools & Spas: Pool Permits (2026)

Section 83-5-1's list of work exempt from the Town's building permit requirement includes the installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground. Any pool that either sits below grade or holds water 24 inches deep or more falls outside that exemption and needs a building permit, applied for through the Building Department with a dimensioned site plan showing setbacks and yard separations.

For larger in-ground pools, the code layers on an added design requirement: plans for an in-ground or partly in-ground pool with a capacity over 2,000 cubic feet must be designed by a licensed New York State professional engineer or architect before the Commissioner of Building will accept the application. As with other building permits, work must actually begin within six months of issuance or the permit expires (subject to a discretionary six-month postponement), and installation must be completed within two years of starting or the permit lapses, requiring removal of the work or a new permit application under the codes then in effect.

Because the exemption is narrow, a homeowner installing anything deeper than a wading-depth kiddie pool, or any pool set into the ground, should expect to file plans, pay the applicable fee under the Town's fee schedule, and pass inspection before the pool goes into use.