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Swimming Pool Zoning Laws and Fencing Requirements Township of Bethlehem, Hunterdon County

June 12, 2018

Updated as of June 2018


A swimming pool that is not otherwise permanently installed; does not require water filtration, circulation and purification; does not exceed 24 inches in depth; does not exceed a water surface of 250 square feet; and does not require braces or supports. Portable swimming pools shall not be subject to the requirements of this chapter.


Includes artificially constructed pools, whether located above or below the ground, having a depth of more than 24 inches and or a water surface of 250 square feet or more, designed and maintained for swimming and bathing purposes by an individual for use by members of his household and guests and which is located on a lot as an accessory use to a residential dwelling, and includes all buildings, structures, equipment and appurtenances thereto.

102-32Swimming pools.

No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools shall occupy no more than 75% of the rear and/or side yard area(s) in which it is located and shall be located no closer to any lot line than the setback distance specified for accessory structures in Article IV or VI, as the case may be.

A private residential swimming pool area must be enclosed by a suitable fence with a self-latching gate at least four feet but no more than six feet in height. All new and existing swimming pools must be fenced in compliance with the provisions of this section within six months of the effective date of this Code.

[Amended 2-7-1991 by Ord. No. 255-91]

No commercial swimming pool shall be constructed or installed unless approved by the Planning Board as part of a site plan approval. Commercial swimming pools shall be classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute or Chapter 9 of the State Sanitary Code, entitled “Public Recreational Bathing” (N.J.A.C. 8:26), whichever is more stringent.

102-19Fences, walls and sight triangles.

All permitted fences shall not require a construction permit and shall be situated on a lot in such a manner that the finished side of the fence shall face adjacent properties. No fence shall be erected of barbed wire, topped with metal spikes nor constructed of any material or in any manner which may be dangerous to persons or animals, except that these provisions shall not apply to farms and except, further, that permitted fences in nonresidential districts may be topped by a barbed wire protective barrier and except, further, that requirements of state or federal regulations shall prevail.

On any lot in any district, no wall or fence shall be erected or altered so that said wall or fence shall be over four feet in height in side and front yards and six feet in height in rear yards, with the following provisions and exceptions:


A dog run may have fencing a maximum of six feet in height, provided that such area is located in rear yards only and is set back from any lot line the distance required for accessory buildings in the zoning district as stipulated in Article IV or VI.


A private residential swimming pool area must be surrounded by a fence at least four feet but no more than six feet in height. Swimming pool areas shall be located in rear and side yards only. See § 102-32 for additional standards.


A tennis court area, located in rear yards only, may be surrounded by a fence a maximum of 15 feet in height; said fence to be set back from any lot line the distance required for accessory buildings in the zoning district as stipulated in Article IVor VI.


Farm fences are permitted to be four feet in height in both side and front yards and six feet in rear yards and shall not require construction permits.


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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