Swimming pool rules in Manchester-by-the-Sea, Massachusetts
A swimming pool at a home in Manchester-by-the-Sea needs a special permit from the Zoning Board of Appeals in every residence district. Pools 2 feet or more deep (200+ cubic feet) count as structures and must meet accessory-structure setbacks, and every private pool must be enclosed by a fence at least 4 feet high.
| Zoning approval | Special permit from the Zoning Board of Appeals (Districts A, B, C, D1, D2, E, G) [1] |
| When a pool counts as a structure | 2 ft deep or more and 200 cubic feet or more [2] |
| Pool fence | At least 4 ft, around all private pools [3] |
| Side/rear setback | 5 ft (B, D), 10 ft (A), 15 ft (C, E) [4] |
| Wetlands No Build Zone | 50 ft from salt marsh, wetland, vernal pool, coastal bank or stream bank [5] |
Special permit required
The Zoning By-law's use table lists a "swimming pool accessory to a dwelling" as needing a special permit from the Zoning Board of Appeals in Districts A, B, C, D1, D2, E and G; pools aren't allowed as accessory uses in the Town Center, Harbor's Edge or Limited Commercial districts [1]. Expect a public hearing and abutter notice.
Above-ground and in-ground
The bylaw defines a swimming pool as any constructed pool, above or below ground, portable or fixed, used for swimming, wading or bathing. Pools 2 feet or more deep with a capacity of 200 cubic feet or more count as structures [2]. Those pools must meet zoning setbacks and lot coverage limits. A small, shallow wading pool falls below that threshold. The bylaw doesn't mention hot tubs or spas separately.
Setbacks
As accessory structures, pools must be at least these distances from side and rear lot lines [4]: 10 ft in District A, 5 ft in B and D, 15 ft in C and E. They must also be set back from the street at least the district's front setback plus 10 ft, and count toward lot coverage.
Fencing
The General By-laws require a fence at least 4 feet high around every privately owned swimming pool [3]. The state building code's barrier rules (48-inch barrier, self-closing and self-latching gates) also apply.
Near wetlands
Manchester's wetlands regulations treat in-ground and above-ground pools as structures, and no structures may be built in the No Build Zone, 50 feet landward of a salt marsh, freshwater wetland, vernal pool, coastal bank, or stream or river bank [5]. Work within 100 feet of a resource area (200 feet for perennial streams) needs Conservation Commission review.
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Next steps
- Check your zoning district and lot coverage, and draw a plot plan showing the pool, fence and distances to lot lines.
- Apply to the Zoning Board of Appeals for a special permit (the Building Department, 978-526-2010, can explain the filing).
- If the pool is within 100 feet of a wetland, coastal bank or stream, file with the Conservation Commission; nothing can be built within 50 feet.
- After zoning approval, get a building permit (plus electrical permits) and install a fence at least 4 feet high meeting state barrier rules.
Common questions
- Do I need a permit for a swimming pool in Manchester-by-the-Sea, Massachusetts?
- Yes. A home pool needs a special permit from the Zoning Board of Appeals in every residence district.
- Does a pool need a fence in Manchester-by-the-Sea, Massachusetts?
- Yes. Every private pool must be enclosed by a fence at least 4 feet high.
- How close to the property line can a pool be in Manchester-by-the-Sea, Massachusetts?
- Pools 2 feet or more deep (200+ cubic feet) count as structures and must meet accessory-structure setbacks, which vary by district.
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
- Section 4 Table of Use Regulations, E. Accessory Uses 5, Zoning By-law (compilation dated April 27, 2026), p. 25
5. Swimming pool accessory to a dwelling ZBA ZBA ZBA ZBA ZBA ZBA ZBA N N N
- Section 2 Definitions, Swimming Pool, Zoning By-law (compilation dated April 27, 2026), p. 16
Swimming Pool: Any constructed pool, located above or below the ground, whether portable or fixed, used or capable of being used for swimming, wading, or bathing purposes. Pools having depth of two feet or more and having a capacity of two hundred cubic feet or more in volume shall be considered structures.
- Art. X, Sec. 32 Swimming Pools, General By-laws (updated July 15, 2026) incl. Art. XVII General Wetlands By-law and Sec. 20C Short Term Paying Guest in Homes, p. 40
A fence of at least four (4) feet shall enclose all privately owned swimming pools.
- Sec. 5.6 Accessory Structure (table), Zoning By-law (compilation dated April 27, 2026), p. 31
Single Residence District A 10 ft. * Single Residence District B 5 ft. * Single Residence District C 15 ft. * Residence District D 5 ft. * Single Residence District E 15 ft. *
- Sec. 2.17 No Build Zone, Wetlands Regulations for Administering General By-law Art. XVII (adopted 2/26/2013, amended 8/31/2021), p. 6
The No Build Zone includes the area fifty (50) feet horizontally landward of: 2.17.1 the edge of any salt marsh, freshwater wetland or vernal pool; or 2.17.2 the top of coastal bank, or the top of the bank of any stream or river