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McHenry County, IL 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
48 inches above grade
Max gap under barrier
4 inches
Gate rule
Self-closing, self-latching, swings outward
Chain-link mesh cap
1 1/4 in (1 3/4 in with slats)
Enforcing agency
McHenry Co. Dept. of Planning & Development

Summary

Every outdoor residential pool, spa and hot tub in unincorporated McHenry County needs a barrier at least 48 inches tall under § 8.04.100(B)(3), with openings no wider than 4 inches. Pedestrian access gates must swing away from the pool, self-close and self-latch under § 8.04.100(B)(11), and the McHenry County Department of Planning & Development enforces the standard before the pool can be used.

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

3. Barrier: The top of the barrier shall be at least 48 inches above grade measured on the side of the barrier which faces away from the swimming pool. ... 11. Access gates: Access gates shall comply with the requirements of subsections B.1 through B.10 above, and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outwards away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate, a. the release mechanism shall be located on the pool side of the gate at least three (3) inches below the top of the gate and b. the gate and barrier shall have no opening greater than ½ inch within 18 inches of the release mechanism.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-5: Supplement contains: Local legislation current through Ord. A25-0037, passed 8-19-2025 | State legislation current through ALS 2025 Pamphlet No. 1).

Full Breakdown

Section 8.04.100 of the McHenry County Public Health Ordinance bars putting any outdoor residential swimming pool, spa or hot tub into use until it has a compliant barrier. Under § 8.04.100(B)(3), the barrier's top must sit at least 48 inches above grade, measured on the side facing away from the pool, with no more than a 4-inch gap between grade and the barrier's bottom; an aboveground pool's own structure can serve as the barrier under the same clearance rule. Openings can't pass a 4-inch sphere, chain-link mesh is capped at 1 1/4 inches square (or 1 3/4 inches with slats), and horizontal/vertical members under 45 inches apart can have no more than 1 3/4 inches of spacing between them under §§ 8.04.100(B)(5)-(9).

Section 8.04.100(B)(11) sets a separate, stricter standard for gates: every access gate must meet the same height and opening limits as the rest of the barrier and take a locking device. A pedestrian gate must swing outward, away from the pool, and be self-closing with a self-latching device; any other gate needs a self-latching device even if it doesn't swing. If the latch's release mechanism sits lower than 54 inches off the ground, it must be mounted on the pool side of the gate, at least 3 inches below the gate's top, with no opening bigger than 1/2 inch within 18 inches of the release. Pools built before January 1, 1992 may qualify for a variance of up to 15% from the measurement specs, or a full exemption if more than 500 feet from a neighboring residence, reviewed by the Department of Planning & Development, which can approve a five-year variance within 10 days of a completed petition.

Violations & Fines

Using a pool, spa or hot tub before its barrier and gate meet § 8.04.100 is a violation of the McHenry County Public Health Ordinance, enforced by the Department of Planning & Development, with penalties under § 8.04.050: a misdemeanor fine of $100 to $1,000, and each day of noncompliant use counted separately. A pool built before 1992 that no longer qualifies for the old variance must be brought up to the current barrier standard.

Frequently Asked Questions

How tall does my pool fence need to be in McHenry County?
At least 48 inches above grade, measured on the outward-facing side, under § 8.04.100(B)(3). The gap between the ground and the bottom of the barrier can't exceed 4 inches, and any opening in the barrier itself can't be wide enough to pass a 4-inch sphere.
Does my pool gate need to close and lock itself?
Yes. Section 8.04.100(B)(11) requires a pedestrian access gate to open away from the pool and be self-closing with a self-latching device; any other type of gate just needs the self-latching device. Low-mounted latch releases must sit on the pool side of the gate and be shielded from reach near the opening.
Is an older McHenry County pool exempt from the current barrier rule?
Possibly. A pool, spa or hot tub built before January 1, 1992 can seek a variance of up to 15% from the measurement specs, or a full exemption if it sits more than 500 feet from a neighboring residence, but it must apply to the Department of Planning & Development and follow the notice and recording steps in § 8.04.100(B)(16).

Sources & Official References

Other rules in McHenry County

All McHenry County rules

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