Above-ground pools over 24 inches deep must meet TX H&S Code §757 barrier rules statewide. Montgomery County cannot require permits; Conroe requires building + electrical permit under ISPSC 2021 regardless of ground position.
Above-ground pools in Texas are regulated for safety by Health & Safety Code Chapter 757 — any pool capable of being filled with water to a depth greater than 24 inches is covered, which includes most inflatable and soft-sided pools over that threshold. Barrier requirements are identical to in-ground pools: 48-inch minimum enclosure, self-closing/self-latching gates, 4-inch sphere rule. The pool wall itself can serve as a barrier if 48+ inches vertical with ladder removed or locked when not in use, and with no climbable features within 36 inches horizontally. Montgomery County cannot require building permits in unincorporated areas, but §757 remains enforceable. The City of Conroe Code Ch. 18 adopts the 2021 International Swimming Pool and Spa Code (ISPSC), requiring a building permit (~$150-$400 based on valuation), electrical permit for pump/heater circuit with NEC-required GFCI protection and equipotential bonding, and a final barrier inspection before filling. Draining must comply with Conroe stormwater rules — discharge to sanitary sewer preferred, never to street or storm drains. The Woodlands DSC requires architectural approval. Walden/Bentwater POAs often prohibit above-ground pools entirely in front of rear setback.
Conroe unpermitted pool: stop-work + $200-$2,000/day fine. Barrier violations §757: class C misdemeanor up to $500. Illegal discharge to storm drain: Conroe $500-$2,000 plus TCEQ referral. POA architectural violation: $100-$500 + removal.
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