Lee County, FL Swimming Pools & Spas: Pool Permits (2026)

Section 34-1176 applies to all swimming pools, tennis courts, shuffleboard courts, porches, decks and similar recreational facilities that are accessory to a permitted use. A private pool must meet the street setbacks in Sections 34-1174 and 34-2192, the waterbody setback in Section 34-2194, and the rear and side lot line setbacks in Section 34-1174(d). A nonroofed pool, patio or deck may not exceed three and a half feet above grade unless it meets full principal-structure setbacks, or unless it sits in a special flood hazard area at or below the lowest habitable floor elevation with a ten-foot rear setback.

Screen enclosures with opaque material above three and a half feet must meet principal-structure setbacks; a roofed enclosure structurally tied to the house must meet the house's own setbacks. Tennis court fences may not exceed 12 feet above the playing surface, and pool or court lighting must point away from neighboring properties and streets. Section 34-1176(e) bars operating any residential pool, tennis court or similar facility as a business. Separately, Section 6-111 adopts the Florida Building Code by reference and states that building permits are issued following approval of site and construction plans; the first required inspection (the foundation inspection) must pass within six months of permit issuance or the permit becomes invalid, after which a new permit is required to continue work.