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

Town Code Chapter 258 defines a "swimming pool" as any structure capable of holding water over 24 inches deep, expressly covering in-ground, aboveground and on-ground pools, hot tubs and spas. Under §258-2A, no permanently installed pool capable of holding 24 inches or more of water may be constructed, installed, enlarged or altered without a building permit issued by the Building Inspector, also titled the Chief Code Enforcement Officer. The applicant must submit a plot plan showing the pool's location plus detailed plans and specifications, all subject to the Building Inspector's approval, and pay the applicable permit fee set by the Building Inspector.

Owners of permanently installed pools must also submit site lighting and plumbing plans complying with the Town Building Code (§258-2C), and drainage must run only to an approved storm sewer or watercourse, never onto a neighbor's property through the ground. Pool walls, heaters or filters cannot sit within 10 feet of an adjoining residentially zoned lot (§258-2D), and private pools are barred from front yards in residential districts (§258-2G). Existing pools built before these rules were not grandfathered outright: §258-3 gives owners of existing pools only 60 days to bring §258-2A, B and C into compliance once notified.

Every pool must also meet the New York State Uniform Fire Prevention and Building Code. These permit and construction requirements apply regardless of whether the pool is a private residential pool, a club pool, or a commercial pool tied to a permitted membership club use.