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

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

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

Key Facts

Regulated
Pools serving 3+ residences or the public
Exempt
Private pools under 3 residences
Licensing agency
Health & Human Services Dept.
Permit expiration
Every June 30
Forfeiture range
$25 to $500 per violation

Summary

Portage County's Health and Human Services Department issues the permit required to operate a pool, but Sec. 4.2.3(8) defines a regulated public swimming pool to exclude any pool serving fewer than three residences, such as a single-family home or apartment used by its owner-occupant. A backyard residential pool in Portage County therefore does not need this Department permit at all.

These county ordinances apply to unincorporated areas of Portage County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Public swimming pool means a pool used for one or more purposes described in [the paragraph, above], except a pool serving fewer than three residences such as homes or apartments used by the owner or persons making the property their primary residence. ... No person shall operate a campground, mobile home park, pool or recreational/educational camp without first obtaining a permit from the Department.

Full Breakdown

Sec. 4.2 puts the county's Health and Human Services Department in charge of licensing campgrounds, mobile home parks, pools and recreational/educational camps under authority the state delegates through Wis. Stats. §§ 254.69 and 101.935. Sec. 4.2.5 states that no person may operate a covered pool without first obtaining a Department permit, expiring every June 30 (or the following June 30 for permits first issued between April 1 and June 30). But the word 'pool' in that permit requirement reaches only a 'public swimming pool' as Sec.

4.2.3(8) defines it, and that definition carves out any pool serving fewer than three residences, home or apartment, occupied by its owner. The definition instead sweeps in pools at a place of employment or public building under Wis. Stats. § 101.01(2)(f)-(g), plus any pool used regularly by people other than the residents, such as a pool at a motel, campground, club, homeowners' association, school or religious organization. So a single-family backyard pool never triggers this county health permit, while a pool serving a subdivision's shared clubhouse, a resort, or an apartment complex with three or more units does, and its operator must apply in writing to the Department, clear a pre-licensing inspection, and pay a fee the Health and Human Services Board sets.

A residential pool can still be subject to Portage County's separate zoning setback and structure rules under Chapter 7, a different permit process from this health license.

Violations & Fines

Operating a covered public pool, campground, mobile home park or recreational camp without a Department permit, or otherwise violating Sec. 4.2, draws a forfeiture of not less than $25.00 nor more than $500.00 per violation under Sec. 4.2.13, with each day of continued violation a separate offense; the Department may also seek an injunction or prosecute under Wis. Stats. § 101.935, 254.85 or 66.0417.

Frequently Asked Questions

Does a homeowner need a Portage County permit to build a backyard pool?
Not this health permit. Sec. 4.2.3(8) defines the regulated public swimming pool to exclude any pool serving fewer than three residences occupied by their owners, so a single-family backyard pool falls outside the Sec. 4.2.5 permit requirement entirely.
What pools does Portage County's Health Department actually permit?
Sec. 4.2.3(8) reaches pools at workplaces, public buildings, motels, campgrounds, clubs, schools or apartment complexes, and any pool used regularly by people other than its residents. Sec. 4.2.5 requires the operator of any such pool to get a Department permit before opening it.
What is the penalty for running a public pool without a Portage County permit?
Sec. 4.2.13 sets a forfeiture of $25 to $500 for each violation, and every day the pool operates unpermitted counts as its own separate violation, on top of any injunction or state-law prosecution the Department pursues.

Sources & Official References

Other rules in Portage County

All Portage County rules

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