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Elko County, NV Swimming Pools & Spas: Fencing & Safety Requirements (2026)

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

Key Facts

Enclosure
Fence, hedge or wall, subject to Planning Commission approval
Distance to fence or building wall
At least three feet
Location
Not in a required front yard
Pool fence height exemption
Wire or steel mesh transmitting ninety percent light
Penalty
Misdemeanor, up to $1,000 fine or six months jail

Summary

In unincorporated Elko County, Nevada, every swimming pool must be enclosed by a fence, hedge or wall, subject to Planning Commission approval, under Elko County Code § 4-8-6(B). The pool cannot be in a required front yard or nearer than three feet to any fence or building wall.

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

(B) Swimming Pools: A swimming pool is a permitted accessory use in any district; provided, however, that no swimming pool shall be located in a required front yard or be nearer than three feet (3') to any fence or building wall. All swimming pools shall be enclosed in order to prevent a public nuisance by a fence, hedge or wall, subject to the approval of the Planning Commission.

Full Breakdown

Elko County Code § 4-8-6(B) treats a swimming pool as a permitted accessory use in any district in unincorporated Elko County, Nevada, with three conditions. The pool cannot be located in a required front yard. It cannot be nearer than three feet to any fence or building wall. And all swimming pools must be enclosed by a fence, hedge or wall, subject to the approval of the Planning Commission, in order to prevent a public nuisance.

The enclosure rule is discretionary rather than a fixed specification. The section prints no fence height, no latch or gate hardware requirement and no self-closing standard, so the Planning Commission decides whether the proposed fence, hedge or wall is acceptable. Other fence provisions supply some numbers. Section 4-8-8(A) caps fences, walls and hedges at six feet and holds them to three and one-half feet in a required front yard, but § 4-8-8(B) exempts a protective fence enclosing a swimming pool from those height limits if it is built of wire or steel mesh capable of transmitting at least ninety percent light.

Pools inside mobile home and recreational vehicle parks follow Chapter 11 of Title 4. Section 4-11-13(D) bars outdoor pools from any required front yard or utility easement, keeps them at least five feet from any lot line or building (fifteen feet from any lot line for public pools), puts heaters, pumps and filters at least five feet from any lot line, and requires pools to be adequately protected to discourage unauthorized access.

On the building side, § 3-1-1(G) adopts the 2018 Uniform Swimming Pool, Spa, and Hot Tub Code, and § 3-1-4(G) leaves the swimming pool, spa and hot tub permit fee schedule to a resolution adopted by the Elko County commission. The cities of Elko, Carlin, Wells and West Wendover apply their own pool rules.

Violations & Fines

A pool or enclosure that violates the zoning title is unlawful and declared a public nuisance under § 4-9-14(A). Violating the title is a misdemeanor punishable by a fine of not more than $1,000, up to six months in jail, or both, and each day is a separate offense. The Planning and Zoning code enforcement officer investigates and asks the owner to correct the condition.

Frequently Asked Questions

Does Elko County require a fence around a swimming pool?
Yes. Elko County Code § 4-8-6(B) says all swimming pools shall be enclosed in order to prevent a public nuisance by a fence, hedge or wall, subject to the approval of the Planning Commission. The section leaves the design to that approval and prints no height, latch or self-closing gate standard.
How close can a pool be to a fence or house in unincorporated Elko County?
Section 4-8-6(B) prohibits a pool nearer than three feet to any fence or building wall and bars it from a required front yard. Pools in mobile home and recreational vehicle parks follow § 4-11-13(D), which keeps a pool at least five feet from any lot line or building, and public pools fifteen feet from any lot line.
Is there a height limit on a pool fence?
Section 4-8-8(A) caps fences at six feet, with three and one-half feet in a required front yard. Section 4-8-8(B) exempts a protective fence enclosing a swimming pool from those limits if it is wire or steel mesh capable of transmitting at least ninety percent light.
What is the penalty for an unenclosed pool?
Violating the zoning title is a misdemeanor under § 4-9-14(B), punishable by a fine of not more than $1,000, up to six months in jail, or both. Each day of violation is a separate offense, and a conviction does not remove the duty to correct the condition.

Sources & Official References

Other rules in Elko County

All Elko County rules

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