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

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

Key Facts

Barrier height
At least 42 inches above grade
Ground clearance
No more than 2 inches under barrier
Opening size
Cannot pass a 4-inch sphere
Gates
Self-closing, self-latching, with locking device
Compliance window
90 days after building official's notice
Applies to
Unincorporated Minnehaha County only
Adopted by
Ordinance MC 61-22, April 19, 2022

Summary

Minnehaha County requires every residential swimming pool holding 18 inches or more of water to be enclosed by a barrier at least 42 inches tall, with gaps no wider than a 4-inch sphere and self-closing, self-latching gates. Ordinance MC 61-22 applies the requirement, part of the 2021 IBC, only in the unincorporated county; existing pools get 90 days to comply once notified.

City-specific rules exist: Sioux Falls has its own fencing & safety requirements rules that differ from Minnehaha County's county-level regulations. If you live in Sioux Falls, check the city-specific page instead.

3109.3 Residential swimming pools. Residential swimming pools shall be completely enclosed by a barrier complying with Sections 3109.3.1 through 3109.3.3. 3109.3.1 Barrier height and clearances. The top of the barrier shall be not less than 42 inches (1,066 mm) above grade measured on the side of the barrier that faces away from the swimming pool. The vertical clearance between grade and the bottom of the barrier shall be not greater than 2 inches (51 mm) measured on the side of the barrier that faces away from the swimming pool... 3109.3.1.3 Gates. Access doors or gates shall comply with the requirements of Sections 3109.3.1.1 through 3109.3.1.2 and shall be equipped to accommodate a locking device. Pedestrian access doors or gates shall be self-closing gates other than pedestrian access doors or gates shall have a self-latching device.

Full Breakdown

The county's swimming pool barrier rule sits in Section 3109 of the 2021 International Building Code as adopted and amended by Ordinance MC 61-22, effective for building permits issued after May 27, 2022, and enforced in the unincorporated area outside Sioux Falls, Brandon and Dell Rapids. 1 applies to any pool, new or existing, with 18 inches or more of water and bars any owner, lessee, tenant or licensee from failing to maintain the required fence or wall. 1 sets the residential barrier at not less than 42 inches above grade, with the gap between grade and the bottom of the barrier capped at 2 inches; where the pool structure itself sits above grade, the barrier can be mounted on top of the structure with up to a 4-inch gap instead.

2 bars indentations or protrusions in solid barriers beyond normal construction tolerances. 3 requires access gates to carry a locking device, with pedestrian gates self-closing and any non-pedestrian gate self-latching. 4 requires the ladder or steps to be surrounded by a barrier meeting the same opening limits, or secured, locked or removed. 2 bars placing climbable equipment or structures next to the barrier. 2 instead: a 4-foot fence or screen enclosure with the same 4-inch sphere limit and self-closing, self-latching gates. 4 requires suction outlets to meet ANSI/APSP-7 to prevent entrapment.

7 only if it sits outside a residential zoning district, outside a platted subdivision of five or more lots, and its pool is more than 500 feet from any dwelling other than one on the same property.

Violations & Fines

Failing to install or maintain the required barrier violates the Minnehaha County Building Code adopted under Ordinance MC 61-22; the county's building official enforces the pool sections and can order compliance for existing pools within 90 days of written notice under Section 3109.3.3. The building official can also approve alternative protective devices in place of a fence, wall, gate or latch, provided the substitute affords no less protection than the code's barrier standard.

Frequently Asked Questions

Does Minnehaha County require a fence around a residential pool?
Yes. Section 3109.1 of the county's 2021 building code applies to any pool, new or existing, holding 18 inches or more of water, and bars an owner, tenant or licensee from failing to provide and maintain the required barrier. Section 3109.3.1 sets the barrier at not less than 42 inches above grade with no more than a 2-inch gap underneath.
How tall does a pool fence have to be in Minnehaha County?
The barrier must stand at least 42 inches above grade on the side facing away from the pool, per Section 3109.3.1. If the pool structure itself sits above grade, the barrier can instead be mounted on top of the structure, and the gap beneath it can run up to 4 inches instead of 2.
Do pool gates need to be self-closing in Minnehaha County?
Yes. Section 3109.3.1.3 requires access gates to carry a locking device; pedestrian gates must be self-closing, while any gate that is not a pedestrian access gate must instead be self-latching. Openings in the barrier and gate, per Section 3109.3.1.1, cannot pass a 4-inch-diameter sphere.
Does this pool fence rule apply inside Sioux Falls?
No. Ordinance MC 61-22 adopts the 2021 International Building Code, including Section 3109's pool barrier rules, only for the unincorporated area of Minnehaha County under SDCL 7-8-20(17). Sioux Falls, Brandon and Dell Rapids enforce their own municipal building codes and pool fence rules, so check the applicable city code instead.

Sources & Official References

Other rules in Minnehaha County

All Minnehaha County rules

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