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Pools

Can a pool fence go in a floodplain, wetland or easement?

The back of many lots around Royersford, Pottstown and the Perkiomen Valley is where the drainage easement, the swale or the creek is, which is also where people want the pool.

Updated · Reviewed by 76 Fence MontCo

Short answer

Often not. Upper Providence Township, next to Royersford, says pools, pool fence barriers and filters must be kept out of all easements, floodplains, wetlands and rights-of-way. Other local codes bar fences from drainage easements and stormwater swales (North Coventry, Upper Hanover), floodways (Elverson) or floodplain districts (Lower Salford). Since a pool must be fully enclosed, the whole barrier has to fit on buildable ground. Find your easements on the deed or plot plan before you choose the pool spot.

What local codes say

MunicipalityRule
Upper Providence TownshipPools, fence barriers and filters must be kept out of all easements, floodplains, wetlands and rights-of-way (pool requirements handout)
North Coventry TownshipFences and walls may not be placed in drainage easements or in swales that are part of an approved stormwater plan (§370-74D)
Upper Hanover TownshipNo fence or wall inside a drainage easement or placed so it affects proper drainage (§500-814)
Elverson BoroughNo fence in a floodway; fences may encroach into utility or drainage easements only where the easement agreement specifically allows it (§290-1111)
Upper Salford TownshipNo fence in any utility or drainage easement, per the township's fence permit fact sheet; the permit diagram must show any on-lot septic system
West Pottsgrove TownshipNo fence or wall may obstruct the flow of stormwater except as part of an approved stormwater system (§20-1.420.B)
Lower Salford TownshipFences are prohibited as new permanent structures in the Floodplain Conservation District (§164-97.1A)

Not every township spells it out, and we haven't read every code in our area. Where the code is silent, the easement document itself still controls what you can put in it.

Why the pool fence is the problem, not just the pool

A pool barrier has to enclose the pool completely. If the back 15 ft of the yard is a drainage easement, the fence can't run along the back property line, and it can't cut through the swale. It has to turn in front of the easement. That moves the pool forward, shrinks the deck, or both. Plan the fence line first, then fit the pool inside it.

It also matters for safety. A fence built across a swale catches leaves and debris and can back water up into the yard, and a fence in a floodplain can be damaged or knocked loose in high water. A pool barrier with a gap at the bottom or a gate that won't latch after a storm isn't doing its job.

Pipeline and utility easements

Our area has some large ones. The Mariner East II pipeline crosses six Berks County municipalities, including Robeson Township and New Morgan, both next to Birdsboro, and Cumru. Subdivision lots also commonly carry easements for sewer, stormwater or power lines along a back or side line. The easement holder's rules can be stricter than the township's, and any digging near buried lines needs a PA One Call ticket at least three business days ahead. We file that for every job.

How to find out what's on your lot

  1. Pull the plot plan or survey from your closing papers. Easements are usually drawn as dashed lines with a label and width.
  2. Check the township's floodplain map, or ask the zoning office whether the lot is in the floodplain district.
  3. Look for a swale: a shallow, grassy channel along the back or side lot line that carries water after rain. If it was part of the development's stormwater plan, treat it as off-limits.
  4. Ask whether any part of the yard is a mapped wetland. Wet corners that never dry out are a clue.
  5. Mark the buildable area, then lay out the pool and fence inside it.

We do this layout at the estimate. If an easement cuts through where you wanted the pool, it's far cheaper to find out before the excavator shows up. Our pool fence page covers the barrier rules once the location is settled.

Common questions

Can I get permission to fence across an easement?

Sometimes the easement holder will agree in writing, and Elverson's code allows for that. Drainage easements are harder: Upper Hanover and North Coventry bar fences in them outright, so ask the township before planning around one.

What if my existing fence is already in the easement?

It may have gone up before the current rules, or without a permit. Leave it unless it's causing a problem, and don't use it as part of a new pool barrier without checking. A rebuild may have to move.

Does a removable or mesh pool fence get around the rules?

Not usually. A removable safety fence is still a barrier and still has to be in place whenever the pool is open, so it needs a legal spot too.

Ready for a new fence?

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