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

The definitions chapter specifies that, for permit and locational purposes, swimming pools, both above and below ground, are considered buildings under s. 004(26)(b), the same category as houses, garages and towers. That classification matters because s. 101(1)(a) says the erection or construction of any new building may not occur until the zoning administrator issues a zoning permit specific to the use and premises. In practice that means installing an above-ground pool in one of the towns operating under county zoning is treated like erecting any other new structure and needs a permit before the water goes in.

The code carves out one exception: s. 101(1)(b) exempts accessory buildings of 120 square feet or less on non-permanent foundations, provided they still meet all applicable setback, height and lot coverage requirements, a threshold that catches many small, seasonal above-ground pools sitting directly on the ground without footings. Whether or not a permit is required, every uncovered pool, above or below ground, is separately bound by the dimensional standard in s. 102(10)(h): it may be located no closer than 10 feet from any side or rear lot line.

The zoning administrator can require a site plan showing the pool's footprint and distance to lot lines before signing off, and the permit obligation and setback both apply only within unincorporated towns that have adopted county zoning, not inside Madison, Fitchburg, Middleton, Verona, Stoughton, Monona or Sun Prairie.