| Project | County permit? |
|---|---|
| In-ground pool | Yes |
| Above-ground pool taller than 36 inches | Yes |
| Above-ground pool 36 inches or shorter | Not required by the county |
| Hot tub or spa | Yes, always |
| Pool barrier (fence, wall or gate) | Yes, building permit before it is built or repaired |
| Pool wiring, pumps and lights | Yes, electrical permit by a licensed electrician |
1. Which pools need a permit
Anne Arundel County requires a permit for all in-ground pools and for above-ground pools over 36 inches tall, and "all hot tubs require a permit." Pools and hot tubs are filed as a Residential Accessory Structure through the Land Use Navigator. The county builds to the 2021 International Swimming Pool and Spa Code and the 2020 National Electrical Code.
2. The barrier rules
The county Department of Health sets the residential pool barrier requirements, and hot tubs and spas count as pools. The barrier must:
- Completely surround the pool and be at least 48 inches high.
- Have no openings a 4-inch sphere could pass through.
- Have gates that are self-closing, self-latching and lockable.
Ladders or steps on an above-ground pool must be removable or lockable. A spa with a safety cover is exempt from the barrier rules. A building permit is required before a barrier is built or repaired, and a first violation carries a $125 civil fine. Pool alarms are recommended but not required. Design the fence and the pool together; see our fence permit guide.
3. Where the pool can go
A pool is an accessory structure under the county zoning code. On a typical lot it can't go in the front yard or within a setback from a road right-of-way, and anything within 3 feet of the house counts as part of the house. Side and rear setbacks depend on the zoning district: in R2, for example, accessory structures under 8 feet tall must be at least 5 feet from side and rear lot lines, and structures can cover no more than 30% of the lot. Keep the pool, decking and equipment clear of the septic system, well and easements, which must be shown on the site plan.
4. Near the water
Within 1,000 feet of tidal water, the Chesapeake Bay Critical Area limits how much of the lot can be covered. The county counts accessory structures, impermeable decking, pavers and permeable pavement, so the pool and its deck both count against a limit that runs from 15% to about 31% of the lot. The first 100 feet from the shoreline is a buffer where a variance is generally required. See our Critical Area guide.
5. Applying, inspections and fees
The application needs construction plans, a site plan drawn to an engineering scale (easements, property lines, well, septic, grinder pump), a Critical Area worksheet and, if ground is disturbed, a standard grading plan. Inspections are scheduled in the Land Use Navigator. The building permit fee is based on the cost of the work: a $40,000 pool works out to $392, plus the $43 application fee. Pool wiring needs a separate electrical permit ($69 plus $43). Try our permit fee calculator.
