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Bernalillo County, NM Swimming Pools & Spas: Pool Permits (2026)

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

Swimming pool permit rules in Bernalillo County, NM, also covering above-ground pools, in-ground pools, and spa installations, set fencing, barrier, alarm, and inspection requirements.

Key Facts

Permit for private pools
Not required
Pool category
Group 3 (private/family use)
Required enclosure
36-inch fence, self-closing gate
Max penalty if noncompliant
$300 fine, 90 days
Applies to
Unincorporated county only

Summary

Private above-ground and portable pools used only by the homeowner's own family or guests are exempt from Bernalillo County's swimming pool permit, but they must still meet the code's construction and safety standards.

City-specific rules exist: Albuquerque has its own pool permits rules that differ from Bernalillo County's county-level regulations. If you live in Albuquerque, check the city-specific page instead.

Permits shall not be required for group 3 pools, but such pools must be constructed, operated and maintained in accordance with specified applicable provisions of this division.

Source: https://www.bernco.gov/planning/for-residents-homeowners/homeowner-projects-permits/View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 92).

Full Breakdown

The county's Environmental Health Code splits pools into three groups: group 1 (public), group 2 (hotel/apartment-type), and group 3, pools on private property limited to the homeowner's family or invited guests, used without a fee. Group 1 and 2 pools need a construction permit and an annual operating permit from the environmental health authority (county manager or designee). Group 3 pools, the category that covers a residential above-ground or portable pool, need no permit at all, but Sec. 42-594(b) still holds them to the division's construction, operation, and maintenance rules, including the 36-inch enclosure fence required of every swimming pool. This division governs only unincorporated county land; Albuquerque, Los Ranchos, and Tijeras enforce their own pool rules.

Violations & Fines

No permit fee or inspection applies to group 3 pools, but noncompliance with the division's standards (e.g., missing pool fence) is a Code violation punishable under Sec. 1-6 by a fine up to $300, up to 90 days imprisonment, or both, per day of violation.

Frequently Asked Questions

Do I need a permit for a backyard above-ground pool in unincorporated Bernalillo County?
No. Group 3 pools, private, family-use pools with no admission fee, are exempt from the county's swimming pool permit under Sec. 42-594(b).
Does that mean there are no rules at all for a private pool?
No. Permit-exempt group 3 pools must still meet the division's construction and operating standards, including a fence at least 36 inches high with a self-closing, self-latching gate.
Does this apply if I live in Albuquerque?
No. This is the county code for unincorporated areas only. Albuquerque has its own pool regulations under the city's Integrated Development Ordinance and health code.

Sources & Official References

Other rules in Bernalillo County

All Bernalillo County rules

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