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Swimming Pool Zoning Laws and Fencing Requirements Borough of Hopatcong, Sussex County

June 11, 2018

Updated as of June 2018


Any private pool, whether permanently constructed or of the portable type, having a depth of more than 18 inches below the level of the surrounding land and a surface area greater than 160 square feet or an above-surface pool having a depth of more than 24 inches designed, used and maintained for swimming or bathing purposes by an individual for use of the members of his household and guests and located on the applicant’s land as an accessory use to a residence, and shall include all buildings, structures, equipment and appurtenances thereto.


Any above-surface-type of swimming, bathing or wading pool, constructed of canvas, rubber, plastic or other material and not designed or intended to be stationary or permanently fixed, but designed and intended to be removed and stored.

Location of pools. Except for pools less than 24 inches in height or having a surface area less than 250 square feet, unless these otherwise excepted pools are permanently equipped with a water recirculating system or involve structural materials, no private swimming pool shall be constructed or installed on any lot unless the following conditions are met:


The distance from any side lot line to the inside face of the closest pool wall is not less than 10 feet.


The distance between the street on which the property fronts and the fence, as required under the Borough Building Code,[1] is not less than the setback as established by this chapter, and in no event shall said fence have a setback less than any existing structure on said lot.


Editor’s Note: See Ch. 93, Construction Codes, Uniform.


The distance from the rear lot line and the inside face of the closest pool wall is not less than 10 feet.


All pumps and filtration systems are located not closer than five feet to any property line.


No swimming pool shall be constructed within five feet of the foundation wall of any dwelling, whether such dwelling shall be on the same premises on which the swimming pool is to be constructed or on adjacent premises unless the Construction Official is satisfied that a location closer than the five-foot restriction will not in any manner impede the structural soundness of the subject foundation wall.


For more information on New Jersey pool fencing laws and regulations, or if you are interested in what designs work best around your pool, visit Carl’s at or call 732-504-3372.

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