Swimming pool rules in Concord, Massachusetts
Allowed with a permit
Yes. Private pools are allowed in all residential districts but must meet the same setbacks as the house: 15 ft from side lines, the lesser of 30 ft or 25% of lot depth from the rear, and a 20–40 ft front yard depending on the district. A building permit and safety barrier are required under the state building code.
| Allowed? | Yes, as a home recreational facility in all residential districts [2] |
| Use | Residents and their guests only [1] |
| Setbacks | Same as the house (principal structure) [1] |
| Front yard | 40 ft (Res. AA/A); 20 ft (Res. B/C) [3] |
| Side / rear yard | 15 ft side; rear the lesser of 30 ft or 25% of lot depth [4] |
| Near wetlands | No wetlands permit if more than 50 ft from the wetland; no pools within 25 ft [6] |
Zoning
Concord's Zoning Bylaw treats a private swimming pool, its pool buildings and equipment as a home recreational facility. These are allowed in residential districts if only residents and their guests use them [1], and Table II allows them by right in all residential districts [2]. Unlike a shed, a pool must meet the same yard setbacks as the house [1]:
- Front yard: 40 ft in Residence AA and A; 20 ft in Residence B and C [3]
- Side yard: 15 ft [4]. One side yard can be reduced by up to 3 ft if the other side is widened by the same amount [5].
- Rear yard: the lesser of 30 ft or 25% of the lot's depth [4] (Table III's side and rear yard columns read "15" and "Lesser of: 30' or 25% of lot depth" for all four residence districts)
These setbacks apply to equipment and pool houses too. The bylaw doesn't treat above-ground and in-ground pools differently, and it doesn't mention hot tubs.
Wetlands
These wetlands rules come from the 2013 Wetlands Bylaw, its 2010 regulations and the 2021 No Build Zone policy, and may have changed.
- More than 50 ft from a wetland: turning lawn into a pool needs no Wetlands Bylaw permit if the pool, including any discharge pipes, is more than 50 ft from the wetland or mean annual high-water line [6].
- 25–50 ft from a wetland: pools are listed as "structures" under the Natural Resources Commission's No Build Zone Policy [8], so they are allowed there only in exceptional circumstances with mitigation. Only docks, piers and raised fences are exempt [7].
- Within 25 ft: pools are prohibited without a waiver [9].
Permits and barriers
The local sources don't set permit or fence rules for pools. The State Building Code requires a building permit for most pools (all except prefabricated pools under 24 inches deep) and a barrier at least 48 inches high with self-closing, self-latching gates. Electrical bonding also needs an electrical permit.
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Next steps
- Measure your district's setbacks (front 20–40 ft, side 15 ft, rear up to 30 ft) on your plot plan and place the pool and equipment inside them.
- If any part is within 100 ft of a wetland or stream, contact the Natural Resources Division before designing.
- Apply for building and electrical permits at Building & Inspections (141 Keyes Road, 978-318-3280), with the barrier/fence design.
Common questions
- Do I need a permit for a pool in Concord, Massachusetts?
- Yes. The State Building Code requires a building permit for most pools, and electrical bonding needs an electrical permit. Private pools are allowed by right in all residential districts.
- How far must a pool be from the property line in Concord, Massachusetts?
- A pool must meet the same setbacks as the house: 15 ft from side lines, the lesser of 30 ft or 25% of lot depth from the rear, and a front yard of 40 ft in Residence AA and A or 20 ft in Residence B and C.
- Do I need a fence around a pool in Concord, Massachusetts?
- The local sources set no pool fence rule, but the State Building Code requires a barrier at least 48 inches high with self-closing, self-latching gates.
- Can I build a pool near wetlands in Concord, Massachusetts?
- Within 25 ft of a wetland, pools are prohibited without a waiver. From 25 to 50 ft, only in exceptional circumstances with mitigation. More than 50 ft away, converting lawn needs no Wetlands Bylaw 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
- §5.3.1 Home recreational facilities, Zoning Bylaw (amended through Annual Town Meeting April 2026), p. 27
5.3.1 Home recreational facilities: In the residential districts or for dwellings in the Business or Medical-Professional districts, a swimming pool and any related pool buildings or equipment, tennis court or similar home recreational facility shall be permitted, provided that such facility is used only by the residents of the premises and their guests and shall conform to the minimum yard setback requirements for a principal structure in whatever zoning district it is located.
- Table II – Accessory Use Regulations, §5.3.1, Zoning Bylaw (amended through Annual Town Meeting April 2026), p. 26
5.3.1 Home recreational facilities yes yes yes yes yes yes
- Table III – Dimensional Regulations, Zoning Bylaw (amended through Annual Town Meeting April 2026), p. 36
Residence AA 80,000 200 160 160 40 Residence A 40,000 150 120 120 40 Residence B 20,000 125 100 100 20 Residence C 10,000 80 80 64 20
- Table III – Dimensional Regulations (side/rear yards), Zoning Bylaw (amended through Annual Town Meeting April 2026), p. 36
15 Lesser of: 30' or 10 35² --------- .24+(1200÷ actual 25% of lot depth lot area in sq. ft.)
- §6.2.7 Side yards, Zoning Bylaw (amended through Annual Town Meeting April 2026), p. 32
In the residential districts or for single-family dwellings in the Business or Medical- Professional districts, the width of one side yard may be reduced by an amount not to exceed three (3) feet if the width of the other side is correspondingly increased.
- §3.1(f) Exemptions, Concord Wetlands Bylaw (Art. 43, 2009 TM; amended Art. 58, April 2013), p. 2
f. Conversion of lawns to decks, sheds, patios, and pools that are accessory to residential structures, provided the activity, including any discharge pipes, is located more than 50 feet from the mean annual high water line or bordering vegetated wetland (whichever is farther).
- The Policy, Natural Resources Commission 50-foot No Build Zone Policy, p. 1
Water dependent structures such as docks and piers, and fences that are raised at least 6 inches off the ground surface, are not subject to this setback requirement.
- The Policy, Natural Resources Commission 50-foot No Build Zone Policy, p. 1
It may include, but not be limited to, any new surface or sub-surface component such as buildings, foundations, sheds, decks, garages, barns, tennis courts, underground tanks and irrigation systems, swimming pools, and driveways, due to its potential to alter wetland resource area values.
- Section 2.1.2(ii) No Disturbance Zone, Concord Wetlands Bylaw Regulations, p. 2
Structures, including but not limited to buildings, porches, decks, pools, sheds, fences, and driveways, shall not be constructed or placed within a No Disturbance Zone.
This page summarizes Concord's posted bylaws as of 2026-10-03. Bylaws are amended, and individual lots can have overlays, subdivision covenants, or HOA rules that are stricter. Confirm with Building & Inspections (Building Division and Zoning Enforcement), 141 Keyes Road, 2nd Floor (978-318-3280) before you build. Spot an error?