Travis County, TX Swimming Pools & Spas: Fencing & Safety Requirements (2026)
Key Facts
- Governing rule
- Travis County Code § 261.001(r)
- Minimum fence height
- 4 feet, latching gate
- Cover alternative
- Full cover a child can't remove
- Scope
- Abandoned, unoccupied property only
- First-offense fine
- $50 to $200
- Public pools
- Separate Chapter 260 permit, Ch. 757 standard
Summary
Travis County's swimming pool fencing rule lives in its nuisance code: Section 261.001(r) treats an unprotected pool on abandoned, unoccupied property as a public nuisance unless it has a 4-foot latching fence or a child-proof cover. Public pools follow separate Chapter 260 permit rules instead.
Public nuisance means: ... Maintaining on abandoned and unoccupied property in a neighborhood a swimming pool that is not protected with: a fence that is at least four feet high and that has a latch gate that cannot be opened by a child; or a cover over the entire swimming pool that cannot be removed by a child... The definition of "Public nuisance" under this Section 261.001(r) does not apply to a site or facility that is permitted and regulated by a state agency. ... Misdemeanor Fine. An offense under Section 261.009 is a misdemeanor punishable by a fine of not less than fifty dollars ($50.00) or more than two hundred dollars ($200.00). Previous Conviction... the defendant is punishable by a fine of not less than two hundred dollars ($200.00) or more than one thousand dollars ($1,000.00), confinement in jail for not more than six (6) months, or both. Separate Offense. Each day a violation occurs is a separate offense.
Full Breakdown
Travis County's only local fencing rule for a residential swimming pool sits inside its nuisance code, not a building code. 001(r) treats an unprotected pool on abandoned and unoccupied property in a neighborhood as a public nuisance unless it has either a fence at least four feet high with a latching gate a child cannot open, or a cover over the entire pool that a child cannot remove. Because the rule targets abandoned, unoccupied lots, it will not by itself reach a fenced-in backyard pool at an occupied home; a public commercial pool instead falls under Travis County's separate Chapter 260 permitting rules, which require compliance with the state's Pool Yard Enclosure standards in Health and Safety Code Chapter 757 as a condition of the operating permit.
For a nuisance pool, the Health Authority must give written notice of the specific defect and 31 days to add the fence or cover before the county can seek abatement, and the owner can request a hearing before the Health Authority within 10 days of that notice, with an appeal to the Commissioners Court available within 10 days of the ruling. 00 fee and 10 percent annual interest, as a lien on the property.
Violations & Fines
Leaving an unprotected pool on abandoned, unoccupied property is a misdemeanor: $50 to $200 for a first offense and $200 to $1,000 plus up to 6 months in jail for a repeat conviction, with each day counted separately. The county can also abate the hazard itself, install the required fence or cover, and lien the property for the cost plus a $100.00 fee and 10 percent yearly interest.
Frequently Asked Questions
Does Travis County require a fence around my backyard pool?
What height fence satisfies the Travis County pool nuisance rule?
What if a public or commercial pool in the county isn't fenced properly?
Sources & Official References
Other rules in Travis County
Texas rules heatmap·Compare Travis County to another location·View the Texas swimming pools & spas overview
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