Montgomery County, MD Swimming Pools & Spas: Fencing & Safety Requirements (2026)
Key Facts
- Minimum fence height
- 5 feet
- Gate latch height
- at least 4 feet up
- Trigger
- pools over 18 inches deep
- Pre-1990 pools
- 42-inch fence, 3-foot latch, or cover
- Penalty class
- class A civil violation
Summary
Montgomery County requires every private outdoor pool over 18 inches deep to be fully enclosed by a 5-foot fence with a self-closing, self-latching gate.
(a) Fence requirements. The fence or wall enclosing a private swimming pool must be: (1) at least 5 feet high; (2) securely anchored in the ground; (3) not easy to climb or penetrate; and (4) maintained in good condition. (b) Gates and locks. Any gate or door in a fence or wall enclosing a private swimming pool must have a self-closing and self-latching lock or latch on the pool side of the gate or door at a height of not less than 4 feet from the ground. Any gate or door must be closed and latched when the pool is not attended.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-90: Montgomery County Code contains legislation effective through May 7, 2026 | Zoning Updated Effective: April 13, 2026 | COMCOR Regulations effective as of July 1, 2026).
Full Breakdown
County Code § 51-16 sets the enclosure standard: the fence or wall around a private swimming pool must be at least 5 feet high, securely anchored, hard to climb, and kept in good repair. Any gate or door in that fence needs a self-closing, self-latching lock at least 4 feet off the ground, and must stay closed and latched whenever the pool is unattended. Section 51-15 requires the enclosure (or an alarm-and-cover combination) for any pool over 18 inches deep, plus a temporary fence at least 42 inches high during construction. Older pools permitted before July 13, 1990 follow a slightly different rule: a 42-inch fence with the latch at least 3 feet up, or an automatic cover in place of a fence.
Violations & Fines
Violating Chapter 51 is a class A civil violation under § 51-17, and an unenclosed pool is also declared a nuisance the county can sue to abate; each day of violation is a separate offense.
Frequently Asked Questions
How high must a Montgomery County pool fence be?
Can an automatic pool cover replace a fence?
Sources & Official References
Other rules in Montgomery County
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