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Lincoln County, SD Swimming Pools & Spas: Fencing & Safety Requirements (2026)

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

Key Facts

Barrier height
At least 42 inches above grade, R326.4(1)
Max ground clearance
2 inches under barrier, R326.4(1)
Max opening
No 4-inch sphere passage, R326.4(2)
Gates
Self-closing and self-latching, R326.4(4)
Applies to
Pools/spas/hot tubs over 18 inches deep
Existing pool compliance
Up to 90 days after notice, R326.4.1

Summary

Any outdoor swimming pool, hot tub, or spa deeper than 18 inches in unincorporated Lincoln County, South Dakota must be surrounded by a barrier at least 42 inches tall with no more than 2 inches of ground clearance, under Lincoln County Code § 151.33's adoption of 2018 IRC Appendix R326.4. Gates through the barrier must have self-closing, self-latching hardware, and the barrier must be installed, inspected, and approved before the pool is filled with water.

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

R326.3 Application. ... shall apply to all existing pools, which have a depth of 18 inches (457 mm) or more of water. ... R326.4 Outdoor swimming pool. An outdoor swimming pool, including an in-ground, above-ground, or on-ground pool, hot tub, or spa, shall be surrounded by a barrier that shall be installed, inspected, and approved prior to filling with water that completely surrounds and obstructs access to the swimming pool, which shall comply with the following: 1. The top of the barrier shall be at least 42 inches (1,067 mm) above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches (51 mm). ... ... 4. All gates or door openings through the barrier shall be equipped with self-closing and self-latching devices for keeping the door or gate securely closed at all times when the pool is not in actual use, except that the door of any dwelling that forms part of the enclosure need not be so equipped.

Full Breakdown

Appendix R326, adopted for Lincoln County residential construction at § 151.33, defines a barrier as a fence, wall, building wall, or combination that completely surrounds the swimming pool and obstructs access to it, and applies to any swimming pool, hot tub, or spa holding more than 18 inches of water, whether in-ground, above-ground, or on-ground. R326.4 sets the specifications: the barrier's top must be at least 42 inches above grade on the outward-facing side, and the gap between grade and the bottom of the barrier cannot exceed 2 inches; where an above-ground pool's own structure serves as the barrier, the wall may sit at ground level or be mounted on top of the pool, with up to a 4-inch clearance allowed at the top of the pool structure.

Openings in the barrier cannot pass a 4-inch-diameter sphere, and if a ladder or steps provide access on an above-ground pool, they must either be removable or lockable, or be enclosed by their own 42-inch barrier. Every gate or door through the barrier needs a self-closing, self-latching device to keep it shut when the pool is not in use, except a dwelling wall that is itself part of the enclosure. Spas or hot tubs with an ASTM F 1346 safety cover are exempt, and the building official can approve substitute protective devices offering equal protection, or modify barrier requirements case by case; owners of an existing noncompliant pool get up to 90 days after notification to comply.

Violations & Fines

Under R326.3, the barrier must be installed, inspected, and approved by the building official before the pool is filled with water, so an uninspected pool cannot legally hold water in the interim. A property owner who fails to install or maintain the required barrier, or who ignores the 90-day compliance window on an existing pool after notification, faces enforcement under Chapter 151's general penalty, § 151.99, a maximum of 30 days in jail and/or a $200 fine.

Frequently Asked Questions

How tall does a pool fence have to be in Lincoln County, SD?
At least 42 inches (1,067 mm) above grade, measured on the side of the barrier facing away from the pool, under Lincoln County Code § 151.33's adoption of IRC R326.4. The gap between the ground and the bottom of the barrier cannot exceed 2 inches, and no opening in the barrier can pass a 4-inch-diameter sphere.
Do pool gates need to self-close in Lincoln County?
Yes. R326.4(4) requires every gate or door through the pool barrier to have a self-closing and self-latching device that keeps it securely shut whenever the pool is not in use. The only exception is a door on a dwelling wall that forms part of the barrier itself, which does not need the hardware.
Does an above-ground pool need a separate fence in Lincoln County?
Not necessarily. R326.4(3) allows the pool structure itself to serve as the barrier if it meets the 42-inch height rule, but any ladder or steps providing access must be removable or lockable, or must be enclosed by their own 42-inch barrier, so a would-be climber cannot use them to get over the wall.

Sources & Official References

Other rules in Lincoln County

All Lincoln County rules

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