Swimming pool rules in Burlington, Massachusetts
Yes. A swimming pool is an accessory use allowed by right in Burlington's RO single-family district. In RO it can't go in the required front or side yards, and accessory uses can cover no more than 20% of the rear yard; the building permit and pool barrier rules come from the state building code.
| Allowed in RO | Yes, by right (special permit in RG, RC and most other districts) [1] |
| Location in RO | Not in the required front or side yards [2] |
| Max share of rear yard | 20% (all accessory uses combined) [2] |
| RO required front / side yard | 25 ft / 15 ft [3] |
| Local pool barrier rule | None in the bylaw; state building code applies [1] |
These rules come from the zoning bylaw as consolidated through January 2025 and may have changed since.
Zoning
Burlington's accessory use schedule lists "Swimming Pool" as YES (allowed by right) in the RO One-Family and MIX districts, and by special permit (SP) from the Planning Board (§9.2.1) in RG, RC and the business and industrial districts [1]. The zoning bylaw doesn't separate in-ground from above-ground pools, or mention hot tubs.
Where it can go
A pool is an accessory use, so Section 5.1.3.3 applies: in RO districts no accessory use may occupy any part of the required front or side yards, and accessory uses can take up no more than 20% of the rear yard [2]. The RO column of the density schedule sets a 25-foot minimum front yard and 15-foot minimum side yards [3]. A pool, plus any shed, patio or other accessory use, therefore generally belongs behind the house, at least 15 feet from the side lot lines, and within the 20% rear-yard cap. The bylaw doesn't give a specific minimum distance from the rear lot line for pools; confirm with the Building Department.
Floodplain and wetlands
All construction or development in the floodplain overlay district needs a town permit [4]. A pool within 100 feet of a wetland or in the Wetlands District also needs Conservation Commission review.
Permits and fencing
We found no local pool fence or barrier bylaw. Building permits (needed for any pool except prefabricated pools under 24 inches deep), barrier height (48 inches under the state code), gates and alarms are governed by the Massachusetts State Building Code. The Board of Health's swimming pool rules and fees cover public and semi-public pools, not private backyard pools.
See how Burlington compares with 8+ other Massachusetts towns on swimming pools →
Next steps
- Sketch the pool location on your plot plan: behind the house, outside the 25-ft front and 15-ft side yards, and within 20% of the rear yard (counting other accessory uses).
- Check the town wetlands and floodplain maps; if within 100 ft of a wetland or in the floodplain, contact the Conservation Commission first.
- Apply for a building permit with the Building Department (781-270-1615), including the barrier/fence and gate details required by the state code; electrical work needs a separate permit.
Common questions
- Do I need a permit for a pool in Burlington, Massachusetts?
- Yes, in most cases. Under the Massachusetts State Building Code, a building permit is needed for any pool except prefabricated pools under 24 inches deep, and electrical work needs a separate permit. Apply with the Building Department.
- Where can I put a pool in Burlington, Massachusetts?
- In the RO district a pool is allowed by right but can't go in the required 25-foot front or 15-foot side yards, and accessory uses combined can cover no more than 20% of the rear yard. The bylaw gives no specific rear-line distance; confirm with the Building Department.
- What are the pool fence requirements in Burlington, Massachusetts?
- We found no local pool fence bylaw. Barrier height (48 inches under the state code), gates and alarms are governed by the Massachusetts State Building Code.
- Do I need Conservation Commission approval for a pool in Burlington, Massachusetts?
- It depends on location. A pool within 100 feet of a wetland or in the Wetlands District needs Conservation Commission review, and any construction in the floodplain overlay needs a town permit.
Massachusetts building code rules for pools
Under the State Building Code (780 CMR, 10th edition), residential pools, spas and hot tubs must meet the 2021 International Swimming Pool and Spa Code (ISPSC) as adopted in Massachusetts.
Permits:
- A building permit is needed for any pool except prefabricated pools under 24 inches deep.
- Plans for in-ground pools must be prepared by a registered design professional (an engineer or architect).
- Wiring must meet the Massachusetts Electrical Code (527 CMR 12.00), and gas pool heaters must meet the state plumbing and gas code (248 CMR).
Barrier (fence) requirements (ISPSC §305):
- The barrier must be at least 48 inches high, measured on the side away from the pool.
- The gap under the barrier can be no more than 2 inches over grass or gravel, or 4 inches over concrete.
- Pedestrian gates must open outward away from the pool, be self-closing and self-latching, and be able to take a lock.
- If a house wall forms part of the barrier, doors and low windows opening to the pool need an audible alarm (or another listed option).
- In-ground pool construction sites need temporary fencing at least 4 feet high from excavation until the permanent barrier is up.
- Spas and hot tubs with a lockable safety cover meeting ASTM F1346, and pools with a powered safety cover meeting that standard, are exempt from the barrier rules.
Local zoning still controls pool setbacks, and wetlands rules may apply near water.
What the bylaw says
- §4.3.1.8 Accessory Use Regulation Schedule, Burlington Zoning Bylaws (as amended through January 2025, pending AG approval at posting), p. 50
4.3.1.8 Swimming Pool YES SP SP SP SP SP YES SP SP SP SP SP YES YES YES YES SP1
- §5.1.3.3, Burlington Zoning Bylaws (as amended through January 2025, pending AG approval at posting), p. 59
5.1.3.3 In RO districts, no accessory use or uses shall occupy part of the required front or side yards and not more than twenty (20) percent of the rear yard, other than required off-street parking.
- §5.2.0 Density Regulation Schedule (RO column), Burlington Zoning Bylaws (as amended through January 2025, pending AG approval at posting), p. 62
Minimum Front Yard 25 ft Minimum Side Yard 15 ft
- §8.1.4 Permitted Land Uses (Floodplain District), Burlington Zoning Bylaws (as amended through January 2025, pending AG approval at posting), p. 89
The Town of Burlington requires a permit for all proposed construction or other development in the floodplain overlay district, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.