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Kenosha County, WI Swimming Pools & Spas: Fencing & Safety Requirements (2026)

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

Key Facts

In-ground fence height
4 feet minimum
Above-ground alternative
6 ft wall + deck height
Gate hardware
Self-closing, self-latching
Max fence gap
4 inches
Permit needed
Zoning permit, Planning Dept.
Territory
Unincorporated county only
Penalty
$10-$500 forfeiture per day

Summary

In unincorporated Kenosha County, no swimming pool may be filled with water until a code-compliant safety barrier is in place. In-ground pools need a four-foot fence around the pool or yard; above-ground pools need the same fence or a six-foot wall-and-deck combination, and every gate must self-close and self-latch.

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

No swimming pool shall be installed or maintained unless: (a) In the case of an in-ground pool, there shall be erected and maintained a good quality safety fence not less than four feet in height completely surrounding the pool or surrounding the yard in which the pool is located. (b) In the case of an above ground pool, one of the following must be met: 1. Erect and maintain a good quality safety fence of not less than four feet in height completely surrounding the pool or surrounding the yard in which the pool is located, or 2. The total wall height of the pool and surrounding deck/railing must be at least six feet above yard grade. (d) Safety fencing must be so constructed as not to have voids, holes or openings larger than four inches in one dimension. (e) Every gate or other opening in the fence enclosing the pool or yard (including spa safety covers) except an opening to the dwelling or other building shall be kept securely closed and locked at all times when the owner or occupant of the premises is not present at such pool/spa. All gates shall be equipped with self-closing and self-latching devices placed at the top of the gate.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 37 (2026), passed March 17, 2026).

Full Breakdown

Kenosha County's Chapter 12 zoning ordinance regulates residential swimming pools only in the unincorporated area of the county; the City of Kenosha, the City of Lake Geneva and the county's villages enforce their own separate pool codes. 040 requires scaled plans showing the pool, deck, fence, water supply and drainage systems before the permit issues. 020). 060). 070 is the fencing rule itself: an in-ground pool needs a four-foot safety fence around the pool or the yard containing it; an above-ground pool needs that same four-foot fence or a combined pool-wall-and-deck/railing height of at least six feet above grade; spas and hot tubs may substitute a locking ASTM-rated safety cover or a fully enclosed structure with locking doors and windows.

Fencing cannot have any gap larger than four inches, and every gate must be self-closing and self-latching, kept locked whenever the owner or occupant is away from the pool. The pool cannot be filled with water until every safety feature is installed. 100).

Violations & Fines

Violating any provision of Chapter 12, including the pool permit and fencing rules, is enforceable under the county's general zoning penalty, Section 12.53.010: a forfeiture of not less than $10 nor more than $500 plus prosecution costs and reasonable attorney fees, with each day a violation continues counted as a separate offense; an unpaid forfeiture can mean up to 30 days in the county jail.

Frequently Asked Questions

Does this pool fence rule apply inside the City of Kenosha?
No. Chapter 12 of the county code governs only the unincorporated towns; the City of Kenosha, City of Lake Geneva and the villages of Pleasant Prairie, Somers, Paddock Lake, Twin Lakes and Silver Lake all administer their own separate zoning and pool codes.
How tall does an above-ground pool fence need to be?
You need either a four-foot safety fence surrounding the pool or the yard, or a combined pool wall and deck/railing that reaches at least six feet above the surrounding yard grade, per Section 12.20.070(b).
Can I fill my new pool before the fence is finished?
No. Section 12.20.070(f) bars filling a swimming pool with water until all safety features are in place, so the fence, gates and self-latching hardware must be installed and inspected first.
What happens to the gate when nobody's home?
Every gate in the pool fence, other than a door into the house itself, must stay closed and locked whenever the owner or occupant is not present at the pool, and it needs a self-closing, self-latching device mounted at the top of the gate.

Sources & Official References

Other rules in Kenosha County

All Kenosha County rules

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