Swimming pool rules in Duxbury, Massachusetts
Yes, with a permit. In Duxbury's main residential district a pool must be at least 10 feet from side and rear lot lines and meet the front setback: 25 feet from the street line, or 45 feet from the centerline of a narrower road. Near wetlands, the Conservation Commission won't allow a pool, including its grading and patio, within 50 feet of a wetland resource area.
| Side and rear setback | 10 feet [3] |
| Front setback | 25 ft from right-of-way (ways 40+ ft wide); 45 ft from centerline on narrower ways [8] |
| Permit | Building permit from the Zoning Enforcement Officer / Building Department [4] |
| Minimum distance from wetland resource area | 50 feet, including associated grading and structures [6] |
| Coverage cap in wetland buffer zone | 15% total coverage, pools included [7] |
These rules come from Duxbury's zoning bylaw as compiled through the June 2025 Special Town Meeting; later Town Meetings may have changed them.
Zoning setbacks
Duxbury's zoning bylaw treats a swimming pool as an accessory structure [1]. In the Residential Compatibility District:
- Side and rear: at least 10 feet from any side or rear lot line [3]. That is less than the 15 feet required for sheds and other accessory buildings.
- Front: front setbacks apply to pools [2]. That means 25 feet from the right-of-way on streets 40 feet wide or more, or 45 feet from the centerline of a narrower way [8]. On a corner lot, the front setback applies along both streets.
Permits
No structure may be built without a building permit from the Zoning Enforcement Officer [4], and the application needs a plot plan. The state building code's pool barrier rules (a 48-inch fence with self-closing, self-latching gates) apply too; see the state section on this page. The Duxbury bylaws we reviewed don't add their own fence or barrier standard. They also don't mention hot tubs, which fall under the state code.
Near wetlands and the water
Any work within 100 feet of a wetland, bank, beach, marsh or water body needs Conservation Commission review under the town wetlands bylaw. The Commission's regulations set firm limits for pools:
- It may allow a pool, with its associated structures and grading, only if everything is at least 50 feet from a resource area and mitigation is adequate [5].
- No mitigation can justify a pool closer than 50 feet [6].
- Total coverage in the 100-foot buffer zone, pools included, can't exceed 15% on residential lots [7].
Inside the zoning Wetlands Protection Overlay District (land within 25 feet of the water, plus mapped areas), structures are prohibited unless the Board of Appeals grants a special permit. The Commission's regulations we used are dated August 2022; it lists a June 2023 revision we could not obtain, so confirm the 50-foot and 15% figures.
Draining
Draining a pool to the storm drain system is allowed only if the water is de-chlorinated to under 1 ppm, with test data given to the Town [9].
See how Duxbury compares with 8+ other Massachusetts towns on swimming pools →
Next steps
- Check with the Building Department (781-934-1100 ext. 6002) whether your lot is within 100 ft of a wetland or in the Wetlands Protection or Flood Hazard overlay districts.
- If near a wetland, file with the Conservation Commission (RDA or Notice of Intent) and get an Order of Conditions before applying for the building permit.
- Apply for a building permit with a plot plan showing the pool at least 10 ft from side/rear lines and behind the front setback, plus the barrier/fence and gate details required by the state code.
Common questions
- Do I need a permit for a swimming pool in Duxbury, Massachusetts?
- Yes. A pool needs a building permit from the Zoning Enforcement Officer or Building Department, with a plot plan and the barrier, fence and gate details required by the state code.
- How far must a pool be from the property line in Duxbury, Massachusetts?
- In the main residential district, at least 10 feet from side and rear lot lines, plus the front setback: 25 feet from the street line, or 45 feet from the centerline of a narrower road.
- Can I build a pool near wetlands in Duxbury, Massachusetts?
- Generally no. The Conservation Commission won't allow a pool, including its grading and patio, within 50 feet of a wetland resource area.
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
- Sec. 302 (Definitions, Accessory Structure), Protective (Zoning) Bylaws, amended through June STM 2025, p. 11
A structure, such as, but not limited to, a detached garage, shed, swimming pool, tennis court, pier, greenhouse, or a structure with finished living space that is not a “dwelling unit,” located on the same lot with and accommodating a use accessory to the principal structure or use of the lot, except a pier may be located on a lot adjacent to the principal structure.
- Sec. 410.4 (Front Setback), Protective (Zoning) Bylaws, amended through June STM 2025, p. 54
Minimum front setbacks shall apply to swimming pools, tennis courts, and other accessory structures.
- Sec. 410.4 (Side and Rear Setbacks), Protective (Zoning) Bylaws, amended through June STM 2025, p. 54
No swimming pool or tennis court shall be built within ten (10) feet of a side or a rear lot line.
- Sec. 401.5, Protective (Zoning) Bylaws, amended through June STM 2025, p. 23
No building or structure shall be used, constructed, relocated, added to or demolished without a building permit having been issued by the Zoning Enforcement Officer.
- DWR 23.2(b) (Pools, Tennis Courts, and Sport Courts), Duxbury Wetlands Regulations (Conservation Commission), revised 07/12/2022, approved 08/09/2022, p. 61
b) The Commission may at its discretion allow a proposed pool, tennis court, or sport court and all associated structures and facilities including associated grading if they are at least 50 feet from a Resource Area, as defined in DWR 2.0 (1-5) if it is satisfied that mitigation required in the Order of Conditions is sufficient to protect the Resource Area.
- DWR 23.2(c), Duxbury Wetlands Regulations (Conservation Commission), revised 07/12/2022, approved 08/09/2022, p. 61
c) No mitigation is sufficient to allow a pool, tennis court, or sport court and all associated structures and facilities including associated grading less than 50 feet to a Resource Area, as defined in DWR 2.0 (1-5).
- DWR 23.4 (Coverage), Duxbury Wetlands Regulations (Conservation Commission), revised 07/12/2022, approved 08/09/2022, p. 62
Total coverage of any type shall not exceed 15% in residential zoned areas in the Buffer Zone to any Resource Area as defined in DWR 2.00(6).
- Sec. 410.4 (Front Setback), Protective (Zoning) Bylaws, amended through June STM 2025, p. 53
Front Setback – In a Residential Compatibility District, where the way is forty (40) or more feet in width, no building, roadside stand, or accessory structure shall be erected or placed within twenty-five (25) feet of a right-of-way and if the way is less than forty (40) feet in width no building, roadside stand, or accessory structure shall be erected or placed within forty-five (45) feet from the center line of the way.
- Ch. 7.27 (Illicit Discharge, allowed discharges), General By-laws, revised 10-23-25 (incl. Ch. 9 Wetlands Protection, Ch. 7.1 Animal Control, Ch. 11 Right-to-Farm), p. 71
4. Discharge from de-chlorinated swimming pool water (less than one ppm chlorine). provided test data is submitted to the Town substantiating that the water meets the one ppm standard, and the pool is drained in such a way as not to cause a nuisance or public safety issue and complies with all applicable Town By-Laws;