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New Berlin, 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 New Berlin, WI, also covering above-ground pools, in-ground pools, and spa installations, set fencing, barrier, alarm, and inspection requirements.

Key Facts

Permits required
Building, plumbing, and electrical permits
Issuing office
Chief Building Inspector
Fee
Set by the Common Council
Application must include
Scaled plat plan with lot-line distances
Drainage rule
Discharge must be dechlorinated, not onto neighbors
Latest amendment
May 27, 2025 by Ord. No. 2711

Summary

Before installing an in-ground pool in New Berlin, the property owner must get a building, plumbing, and electrical permit from the Chief Building Inspector. City Code §§ 238-5 and 238-6 set the fee, put the Inspector's office in charge of applications, and require a scaled plat plan showing the pool's distance from lot lines and existing buildings.

Prior to the installation of an in-ground pool, the owner of the property on which such installation is made shall obtain a building, plumbing and electrical permit from the Chief Building Inspector. The fee for such permit shall be set by the Common Council. ... A.The application for a permit for such in-ground pool shall be made at the office of the Chief Building Inspector. Such application shall be made by the owner of the land upon which a private swimming pool is proposed to be constructed and shall contain the address of the location of the proposed swimming pool. ... B.The application shall be accompanied with a plat plan drawn to scale showing all existing buildings upon said premises, the location of the private swimming pool, the distance therefrom to the existing buildings on said premises, the distance from said private swimming pool to the exterior boundary of said lot or parcel of land, the distance to the right-of-way line of any existing street or highway adjacent to said premises and the location of the sewage disposal facilities, including septic tank and filter bed area.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 3 Update 1).

Full Breakdown

Section 238-5 of the New Berlin Code of Ordinances requires the property owner to obtain a building, plumbing, and electrical permit from the Chief Building Inspector before installing an in-ground pool, with the fee set by the Common Council rather than fixed in the code text itself. Section 238-6 spells out what the application must contain. It has to be filed by the landowner at the Chief Building Inspector's office and include the pool's proposed address, a description of the land, the construction material planned for the pool, its size, and the type and height of fence proposed for the pool or the surrounding property.

The application must also come with a plat plan drawn to scale showing every existing building on the premises, the pool's distance to those buildings, its distance to the exterior lot line, its distance to the right-of-way line of any adjacent street or highway, and the location of any septic tank and filter bed, since § 238-9 separately requires pools to sit at least 15 feet from a seepage bed and five feet from a septic tank. Pool drainage and filter discharge must be dechlorinated and directed to roadside ditches, drainage easements, or storm sewers rather than onto a neighbor's property. The permit process was most recently updated by Ordinance No. 2711 on May 27, 2025.

Violations & Fines

Installing an in-ground pool without the building, plumbing, and electrical permit required by § 238-5, or without the plat plan and disclosures required by § 238-6, violates Chapter 238. Section 238-18 makes any violation of the chapter subject to the penalty schedule in Chapter 1, General Provisions, § 1-18 of the Code.

Frequently Asked Questions

What permits do I need to build a pool in New Berlin?
You need a building permit, a plumbing permit, and an electrical permit, all issued by the Chief Building Inspector under Code § 238-5, before any in-ground pool installation begins. The fee for the permit is set by the Common Council rather than printed as a fixed dollar figure in the ordinance.
What has to be in my pool permit application?
Section 238-6 requires the property owner's application to describe the land, the pool's construction material and size, and the fence type and height, plus a scaled plat plan showing the pool's distance to existing buildings, the exterior lot line, any adjacent right-of-way, and the septic system.
How far does my pool have to be from my septic tank?
Section 238-9 requires at least 15 feet of separation from a seepage bed and at least five feet from a septic tank, unless the State of Wisconsin sets a more restrictive standard, in which case the stricter state distance controls instead.
Can I drain my pool water onto my neighbor's yard?
No. Section 238-6 requires that draining of the pool or discharge from its filters and other equipment be dechlorinated first and directed to roadside ditches, drainage easements, or storm sewers, and it must be done so that no water flows onto abutting properties at all.

Sources & Official References

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