Sussex County, DE Swimming Pools & Spas: Pool Permits (2026)

Chapter 115's definitions section classifies a swimming pool as any portable pool or permanent structure holding water 18 inches or more in depth intended for recreational use, including wading pools, and separately lists swimming pools among the examples of a regulated structure alongside manufactured homes, signs and fences. Chapter 52's permit clause requires anyone who wants to construct, enlarge, alter, repair or move a structure regulated by the Building Code to first apply to the Building Official and obtain a permit before starting work. Because a pool meeting the 18-inch depth threshold is a structure under the county's own definition, an in-ground or above-ground pool crossing that depth triggers the same permitting track as a shed, deck or fence: an application filed with the Building Official, review of drawings where required, and issuance before construction begins.

Ornamental reflecting pools, fish ponds, or shallow pools not designed for swimming or wading fall outside the definition and are not swept into this permit requirement. Permits filed without a required application can be denied, and the Building Official may revoke a permit issued on the basis of a false statement or misrepresentation of a material fact.