Hidalgo County, TX Swimming Pools & Spas: Fencing Requirements (2026)

Texas Local Government Code §§233.061–233.067 restrict Hidalgo County's building-permit authority in unincorporated areas to commercial, public-accessible, multifamily residential (4+ units), and substantial improvements to existing structures. Single-family pool installation is therefore not subject to a county fencing ordinance outside city limits. Texas Health & Safety Code Chapter 757 (the Pool Yard Enclosure Act) requires an enclosure of at least 48 inches in height, openings small enough that a 4-inch sphere cannot pass through, vertical-member spacing of no more than 1-3/4 inches when horizontal members are less than 45 inches apart, decorative cutouts no larger than 1-3/4 inches, and prohibits chain-link material for new enclosures constructed after January 1, 1994. However, §757.002 expressly limits the Act's coverage to pools owned, controlled, or maintained by a multiunit rental complex owner or a property owners association — standalone single-family residential pools are not covered. Inside McAllen, Edinburg, Mission, and Pharr, the city's adopted International Residential Code (Appendix G or equivalent) requires a 48-inch barrier with self-closing/self-latching gates for residential pools deeper than 24 inches. HOA-controlled pools must comply with Chapter 757 regardless of city or county location.