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Burlington, WI Swimming Pools & Spas: Pool Permits (2026)

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

Swimming pool permit rules in Burlington, WI, also covering above-ground pools, in-ground pools, and spa installations, set fencing, barrier, alarm, and inspection requirements.

Key Facts

Permit required for
Aboveground and in-ground pools
Exempt
Wading pools under 2 feet deep
Setback
5 feet from any lot line
Fence height
At least 4 feet, gaps under 6 inches
Latch height
At least 3 feet above ground
Enforcing office
Building Inspector

Summary

Burlington requires a permit before installing any aboveground or in-ground swimming pool, with the only exemption being a movable wading pool under two feet deep. City Code § 115-18 also bars pools from front yards and within five feet of any lot line before the Building Inspector will approve an application.

A. Types of pools requiring permits. The following types of pools require a permit: (1) Aboveground pools (except wading pools having a depth of less than two feet and which are readily movable). (2) In-ground pools. ... (a) No person, firm or corporation shall have a swimming pool located in the front yard or less than five feet from any lot line or building wall, and in the case of lots bordered on two sides by public streets, no swimming pool may be erected in the area between the setback lines of the main building and the street right-of-way.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4997580; v29 updated 2026-07-07; through 07-07-2026).

Full Breakdown

Under City Code § 115-18, Burlington's Building Inspector requires a permit before anyone installs an aboveground pool, an in-ground pool, or a public pool; the only pools exempt are movable wading pools with a depth under two feet. Public pools must additionally meet Wisconsin Department of Health and Family Services rules in Ch. HFS 172, Wis. Admin. Code. Location rules bar a pool from the front yard or from sitting closer than five feet to any lot line or building wall, and on corner lots a pool cannot go between the main building's setback line and the street right-of-way.

Every pool needs a fence or solid enclosure at least four feet high with no gaps larger than six inches square; gates need a self-closing, self-latching device with the latch at least three feet above the ground, deck, or stairs. An aboveground pool whose wall itself stands four feet above grade for the full perimeter is exempt from that separate fence rule, but its ladder or steps must be removable or blocked when the pool is unattended. Decking is treated as part of the pool and must meet Chapter 315 zoning setbacks.

Draining into a sanitary sewer or septic system is prohibited outright; draining into a storm sewer needs the Plumbing Inspector's prior approval. Pool lighting must illuminate only the water and ground below the fixture, not neighboring yards, per Ch. SPS 316, and wiring must follow Article 680 of the National Electrical Code. Applications require a duplicate property survey, pool type and height, fencing and decking plans, and a wiring utility site inspection letter.

Violations & Fines

Building without the required permit, or building a pool that violates the setback, fencing, or electrical rules of § 115-18, is enforceable by the Building Inspector. Under the City's general penalty, § 1-4, an uncorrected violation carries a forfeiture of not less than $5 nor more than $500 for a first offense, with each day a violation continues charged as a separate offense.

Frequently Asked Questions

Do I need a permit for an aboveground pool in Burlington?
Yes, unless it is a movable wading pool less than two feet deep. City Code § 115-18A requires a permit for every aboveground or in-ground pool, reviewed by the Building Inspector before installation.
How close can a pool be to my property line?
No closer than five feet from any lot line or building wall, and never in the front yard. Corner-lot pools also cannot sit between the house's setback line and the street right-of-way.
Is a fence always required around a home pool?
Not if the pool wall itself is at least four feet above grade around its entire perimeter. Otherwise a four-foot fence or wall with self-latching gates is mandatory under § 115-18B(2).
Can I drain my pool into the street sewer?
Only a storm sewer, and only with the Plumbing Inspector's prior approval; draining into a sanitary sewer or septic system is never allowed under § 115-18B(4).

Sources & Official References

Other rules in Burlington

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