Pool Permit in Town of Brookhaven, New York

Frequently asked questions

Do you need a pool permit in Town of Brookhaven?

Zoning Sec. 85-891.K states that construction may not commence on an in-ground swimming pool until a building permit has been obtained, and that the pool may not be used until the Building Division issues a certificate of compliance. The same section draws the line at 18 inches: a pool extending more than 18 inches below grade is an in-ground pool and is a structure for zoning purposes, while an aboveground pool, which at no point is more than 18 inches below grade, is not a structure for purposes of the chapter. 'In-ground Pool' is the wording the town uses in its published list of residential permit types. Pool structure extending more than 18 inches below grade, measuring how far the pool sits below grade and not the depth of the water, which is the code's test for an in-ground pool. Always confirm with the office before starting.

How much does a pool permit cost in Town of Brookhaven?

No Building Division fee schedule is published. Town Code Sec. 16-7 provides that the fee schedule is set by Town Board resolution. Permit fees are payable by check or money order only to the Town of Brookhaven. Contact the office for current amounts.

Where do you apply for a pool permit in Town of Brookhaven?

You can apply through the Town of Brookhaven permit portal or contact the Town of Brookhaven Division of Building (Building Division), Department of Planning, Environment and Land Management directly. The links are listed on this page.

Can a homeowner pull a pool permit themselves in Town of Brookhaven?

Under New York law (Inside New York City: NYC Admin. Code 28-104.1, 28-105.1, 28-105.4, 28-105.5.1, 28-401.3 (definition of "general contractor"). Outside New York City: N.Y. Exec. Law 381(2); 19 NYCRR 1203.3(a)(1).): New York State sets no owner-builder rule at all outside New York City. Executive Law 381(2) puts administration and enforcement in the hands of each local government, and 19 NYCRR 1203.3(a)(1) only requires each authority having jurisdiction to make building permits mandatory for work that must conform to the codes, leaving who may apply to local law. The state licenses no general contractors and imposes no owner-builder affidavit, disclosure form or post-permit sale restriction of the kind Florida uses, so whether a homeowner may pull the permit is a question for the specific city, town, village or county. New York City is the genuine outlier. Administrative Code 28-105.1 makes the work itself unlawful without a written permit, and Administrative Code 28-104.1 bars the department from issuing that permit until it approves the required construction documents, which must be prepared by or under the supervision of a registered design professional, meaning a licensed architect or engineer, as required by the code. A homeowner therefore cannot self-prepare and file the plans for permit-requiring work in New York City even though Administrative Code 28-105.5.1 defines the permit applicant as the person who performs the work or retains a subcontractor, and even though the general contractor registration definition in Administrative Code 28-401.3 expressly excludes an individual who constructs a residential structure of no more than three dwelling units for his or her own occupancy. Note that Administrative Code 28-105.4 exempts minor alterations and ordinary repairs from the permit requirement entirely, so the design professional bottleneck applies only to work that needs a permit in the first place. Confirm how Town of Brookhaven applies this before you apply.