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

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

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

Key Facts

In-ground pools
Prohibited outright on Fire Island
Aboveground pools
Permitted as of right
Minimum lot area
12,000 square feet
Applies in
Residence BAA District (Fire Island)
Undersized-lot exception
Renewable 3-year ZBA hardship exception
Aboveground definition
Self-supporting, 18 in. or less below grade

Summary

On Fire Island, Islip's Residence BAA District bans in-ground pools outright and allows an aboveground pool only as of right, and only on a lot of at least 12,000 square feet. Code § 68-149.1 ties the rule to the Comprehensive Plan's goal of protecting the barrier beach from overintensified development.

No in-ground swimming pools, in-ground wading pools, in-ground water use structures of this or a similar type shall be erected. ... Aboveground swimming pools shall be permitted as of right as an accessory use, provided that the following requirements are met: (1) The parcel of land on which the swimming pool is to be erected and maintained shall have and continue to have a lot area of not less than 12,000 square feet.

Source: Islip CodeView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4826765; v112 updated 2026-02-24; through 02-24-2026).

Full Breakdown

1 is Islip's district-specific swimming pool rule for the Residence BAA District, the zoning classification covering the Fire Island barrier beach. Subsection A bars any in-ground swimming pool, in-ground wading pool or similar in-ground water structure outright, citing the Town of Islip Comprehensive Plan's finding that Fire Island must keep serving as a natural barrier for the Great South Bay and as a low-intensity recreational resource. Subsection B records the Town Board's finding that such uses represent overintensification, an intrusion on Fire Island's living style, and an unnecessary accessory use given the beach access already available to residents.

Subsection C then permits aboveground pools as of right as an accessory use, but only if the parcel has, and continues to have, a lot area of not less than 12,000 square feet, along with compliance with the rest of Article XI and Article XXVIII. 2) was eliminated: under Subsections D and E, the ZBA may renew that exception for up to three years at a time, but only on proof, including a licensed New York physician's statement, that the owner, spouse or child needs the pool for aquatic therapy for a neurological or muscular condition, and a nontransferability statement must be recorded against the property with the Suffolk County Clerk.

Chapter-wide, § 68-384 in Article XXVIII independently defines an "aboveground swimming pool" as one that is self-supporting and no more than 18 inches below grade at any point, the line that separates it from an "in-ground" pool everywhere else in Town.

Violations & Fines

Erecting an in-ground pool on Fire Island, or an aboveground pool on an undersized lot without a validly renewed hardship exception, is a Chapter 68 violation under § 68-421: up to $2,000 in fines, up to 15 days' imprisonment, or both, with each day of continued noncompliance a separate offense. The Building Division and Zoning Board of Appeals administer permits and any hardship exception renewal.

Frequently Asked Questions

Can I put an in-ground pool on my Fire Island property?
No. Section 68-149.1A bans in-ground pools, in-ground wading pools and similar in-ground water structures outright in the Residence BAA District, based on the Comprehensive Plan's finding that Fire Island must remain a natural barrier beach rather than support intensified residential development.
What size lot do I need for an aboveground pool on Fire Island?
At least 12,000 square feet. Section 68-149.1C(1) permits an aboveground pool as of right only if the parcel has, and continues to have, that minimum lot area, plus compliance with the rest of Article XI and the general pool rules in Article XXVIII.
My lot is smaller than 12,000 square feet: is there any exception?
Only if the Zoning Board of Appeals previously granted a temporary special exception before December 12, 2006. Under § 68-149.1D and E, the ZBA can renew that exception for up to three years at a time, but only with documented proof of a qualifying medical hardship.

Sources & Official References

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