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

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

Key Facts

Minimum barrier height
6 feet, wall or fence
Gate requirement
Self-closing, lockable gate
Cover alternative
ASTM F1346-91 automatic cover allowed instead
Above-ground pools
Sides count if ladders removed when unused
Governing section
Ordinance 439, Sec. 7.27.1(C)-(E)
Applies to
Unincorporated townships only

Summary

Every swimming pool in unincorporated Stearns County must be enclosed by a wall or fence at least six feet high with a self-closing, lockable gate that keeps out uncontrolled access. In-ground pools need climb-resistant fencing, above-ground pools can count their own sides as the barrier if ladders come off, and an ASTM-rated automatic cover can substitute for fencing.

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

7.27 Swimming Pools. 7.27.1 Performance Standards. C. The pool itself or the yard around the pool shall be enclosed by a wall, fence or combination thereof which is at least six (6) feet in height, with a self-closing gate capable of being secured with a lock so as to prevent uncontrolled access. All points of access shall be made lockable. Automatic pool covers meeting the standards of F1346-91 of the American Society of Testing and Materials (ASTM) are allowed in lieu of the fencing requirement. D. For in-ground pools, required fencing shall be of durable material and shall be so designed as to discourage climbing. Building walls may be used to meet this requirement. E. For above-ground pools, pool sides that are vertical or slanted outward may contribute to the required fencing, providing all points of access are controlled, including the removal of all ladders or stairs when the pool is not in use.

Full Breakdown

1 of Land Use and Zoning Ordinance No. 439 sets the performance standard for residential swimming pools in the townships and unincorporated area. Subsection C requires the pool itself, or the yard surrounding it, to be enclosed by a wall, fence, or combination of the two that stands at least six feet high, with a self-closing gate that can be secured with a lock so no one gets uncontrolled access; every point of access into the enclosure has to be lockable. The ordinance allows one substitute for fencing: an automatic pool cover that meets ASTM standard F1346-91 can replace the barrier requirement entirely.

Subsection D adds a design rule for in-ground pools specifically: the fencing has to be durable and built to discourage climbing, though an existing building wall can serve as part of the enclosure. Subsection E covers above-ground pools, letting the pool's own vertical or outward-slanting sides count toward the six-foot barrier, provided every access point, including ladders and stairs, is controlled and removed when the pool is not in use. Subsection A also requires the pool to meet whatever setback applies in its zoning district, and Subsection B separately addresses permitting, since a construction site permit is not required for the pool itself, though a shoreland alteration permit can apply near a lake or river.

The Environmental Services Department enforces the fencing standard countywide outside incorporated cities, and a pool built without the required barrier is treated the same as any other zoning violation under the ordinance's general compliance and penalty provisions.

Violations & Fines

An unfenced or improperly gated pool is a violation of Ordinance 439 enforceable under Section 12.8: a misdemeanor punishable by a fine up to $1,000, up to 90 days in jail, or both, with each day of noncompliance a separate offense. The Director can also issue an abatement order under Section 4.23 requiring the owner to install a compliant fence or gate by a set deadline, appealable to the Board of Adjustment within ten business days.

Frequently Asked Questions

How high does a pool fence have to be in Stearns County?
At least six feet, under Section 7.27.1(C) of Ordinance 439. The barrier can be a wall, a fence, or a combination of the two, and it must include a self-closing gate that locks so children or others can't wander in unsupervised.
Can an above-ground pool skip the fence requirement?
Section 7.27.1(E) lets the pool's own vertical or slanted-outward sides count as the required barrier, but only if every access point, including ladders and steps, is controlled and removed whenever the pool is not in use. Otherwise a separate six-foot enclosure is still required.
Is a pool cover an acceptable substitute for a fence?
Yes. Section 7.27.1(C) allows an automatic pool cover meeting ASTM standard F1346-91 in place of the fencing requirement. Any other cover type, or a cover that doesn't meet that standard, does not satisfy the ordinance.
Does this fencing rule apply to a pool inside St. Cloud?
No. Ordinance 439 governs only the townships and unincorporated area of Stearns County. A pool in St. Cloud, Sartell, Sauk Centre, Melrose or Cold Spring falls under that city's own building or zoning code instead.

Sources & Official References

Other rules in Stearns County

All Stearns County rules

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