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Dakota County, MN Swimming Pools & Spas: Fencing & Safety Requirements (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Governing rule
Minn. R. 4717.1550, subps. 2 and 6
Fence height
At least five feet high
Gates
Self-closing, self-latching, capable of being locked
Maximum openings
Four inches in the fence, two inches below it
New latch height
Four feet above the ground
Wading pool fence
42 inches existing, 48 inches new
Pre-1995 fences
No less than four feet high if in existence before January 4, 1995

Summary

Public pools in Dakota County, Minnesota, must follow Minnesota Rules part 4717.1550: fencing at least five feet high, self-closing and self-latching gates capable of being locked, no opening greater than four inches, no opening greater than two inches below the fence, and no readily climbable design. Latches on new installations must sit four feet above the ground.

These county ordinances apply to unincorporated areas of Dakota County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Subpart 1. General. Access to a public pool must be controlled to effectively prevent the entrance of children. A. Where fencing is used to control access, it must comply with subparts 2 to 6 except as noted in item B, subitem (2). ... Subp. 2. Fencing. Fencing must: A. be at least five feet high; B. be equipped with self-closing, self-latching gates capable of being locked; C. not have any opening greater than four inches; D. not have any opening greater than two inches below the fence; and E. not be a readily climbable design. ... Subp. 6. Latches. Latches for new installations must be four feet above the ground.

Full Breakdown

Minnesota Rules part 4717.1550, titled Pool Access Restriction; Fencing, is the fence standard for public pools in Dakota County. It is a Minnesota Department of Health rule in Chapter 4717. Subpart 1 sets the goal: access to a public pool must be controlled to effectively prevent the entrance of children. Where fencing is the control, it must comply with subparts 2 to 6, except for the indoor option in subpart 1, item B, subitem (2).

Subpart 2 lists five requirements. The fence must be at least five feet high. Its gates must be self-closing and self-latching and capable of being locked. No opening in the fence can be greater than four inches, and no opening below the fence can be greater than two inches. The design cannot be readily climbable. Subpart 6 adds that latches for new installations must be four feet above the ground.

Older fences get a narrower rule. Under subpart 3, fencing in existence prior to January 4, 1995, that is less than five feet high must be no less than four feet high, with self-closing, self-latching gates capable of being locked, no opening greater than four inches, and a design that is not readily climbable. The two-inch limit below the fence is not repeated in subpart 3.

Subpart 4 covers wading pools: the enclosure fence must be at least 42 inches high for existing installations and 48 inches high for new installations. Subpart 5 limits new chain link: mesh cannot exceed 1-1/2 inch for fencing less than eight feet high, and fencing eight foot high or higher must have mesh that does not exceed two inches.

A pool inside a building or enclosure has options under subpart 1, item B. It can sit in a separate room with self-latching doors that restrict access to the room, or be behind fencing or a comparable barrier at least four feet high with self-closing, self-latching doors or gates. Poolside guest rooms, corridors adjacent to poolside guest rooms, and poolside activity areas can be within the pool enclosure.

Violations & Fines

The part 4717.1550 text printed by the Revisor of Statutes lists no fine schedule of its own. Its statutory authority line cites Minnesota Statutes sections 144.05, 144.12, 144.123, 145A.02 and 157.01, so enforcement and any penalty run through those statutes. A pool is out of compliance when a new fence is under five feet, a gate does not self-close or self-latch, an opening exceeds four inches, the gap under the fence exceeds two inches, the design is readily climbable, or a new latch sits below four feet.

Frequently Asked Questions

How high must a public pool fence be in Dakota County?
Under subpart 2 of Minnesota Rules 4717.1550, fencing must be at least five feet high. A fence in existence prior to January 4, 1995, that is less than five feet high is allowed under subpart 3 if it is no less than four feet high and meets the gate, opening and climbability limits listed there.
What must the gate do?
Subpart 2, item B, requires self-closing, self-latching gates capable of being locked. A gate that has to be shut by hand does not meet that wording. Subpart 6 adds that latches for new installations must be four feet above the ground, so a new low-mounted latch fails the rule.
How wide can openings in the fence be?
No opening can be greater than four inches (subpart 2, item C). Below the fence, no opening can be greater than two inches (item D). The fence also cannot be a readily climbable design (item E). New chain link has its own mesh limits under subpart 5: 1-1/2 inch for fencing under eight feet high.
What fence applies to a wading pool?
Subpart 4 requires the fence around a wading pool enclosure to be at least 42 inches high for existing installations and 48 inches high for new installations. That is a separate height from the five-foot standard that applies to the fence around other public pools.
Does an indoor pool need a fence?
Subpart 1, item B, requires access to an indoor public pool to be controlled. The pool can sit in a separate room with self-latching doors, or be behind fencing or a comparable barrier at least four feet high with self-closing, self-latching doors or gates. Poolside guest rooms and poolside activity areas can be within the enclosure.

Sources & Official References

Other rules in Dakota County

All Dakota County rules

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