A permanent above-ground pool over 18 inches deep is a 'pool' under Texas Health & Safety Code 757.001 and must have the same 48-inch enclosure and self-latching gate. The county sets no separate rule; a city may require a permit.
State law defines a pool broadly as 'a permanent swimming pool, permanent wading or reflection pool, or permanent hot tub or spa over 18 inches deep.' A permanent above-ground pool that holds water deeper than 18 inches therefore falls under Chapter 757 and needs a compliant enclosure and gate just like an in-ground pool. Galveston County has no zoning authority and imposes no separate above-ground-pool rule in unincorporated areas. Inside a city, the city's building department may require a permit and setbacks; check with Galveston, League City, or Texas City. Small, temporary kiddie pools 18 inches deep or less are not covered.
Non-compliance is enforced through civil liability and city code enforcement; an unfenced above-ground pool is an attractive nuisance under Texas law.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
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See how Galveston County's above-ground pools rules stack up against other locations.
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