Montgomery County, MD Swimming Pools & Spas: Pool Permits (2026)
Swimming pool permit rules in Montgomery County, MD, also covering above-ground pools, in-ground pools, and spa installations, set fencing, barrier, alarm, and inspection requirements.
Key Facts
- Governing law
- Montgomery County Code § 51-5A
- Permit required
- Building permit from DPS
- Also required
- Fence/wall permit under § 51-15
- Final inspection
- Requested within 5 days of completion
- Penalty class
- Class A, up to $1,000 fine
Summary
Montgomery County requires a building permit before constructing or substantially altering a private swimming pool, and won't issue it until the owner also applies for the required pool fence or wall permit.
An owner must not begin construction or substantial alteration of a private swimming pool without a building permit. The Department of Permitting Services must not issue a building permit for a private swimming pool until the owner has applied for a building permit for the fence or wall required to enclose the pool under Section 51-15. (1990 L.M.C., ch. 1, § 1; FY 1991 L.M.C., ch. 1, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001_L.M.C.,_ch._14, § 1; 2002_L.M.C.,_ch._16, § 2.)
Sec. 51-6. Inspections.
(a) Public swimming pools.
(1) The approving authority must inspect, from time to time during reasonable hours, any part of a public swimming pool for the purposes of determining compliance with the provisions of this chapter. A person must not obstruct or deny access to a properly authorized representative of the approving authority.
(2) Before any piping and equipment is permanently concealed, a person constructing a public swimming pool must obtain an inspection by the approving authority.
(3) A newly constructed public swimming pool is not eligible for an operating permit until a final inspection has been made by the approving authority.
(b) Private swimming pools.
(1) When the Department of Permitting Services receives a complaint that a private swimming pool is in violation of this Chapter, the Department must inspect, during reasonable hours, the private swimming pool to determine compliance with this Chapter.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-90: Montgomery County Code contains legislation effective through May 7, 2026 | Zoning Updated Effective: April 13, 2026 | COMCOR Regulations effective as of July 1, 2026).
Full Breakdown
Under County Code § 51-5A, an owner cannot start construction or substantial alteration of a private pool without a Department of Permitting Services building permit, and DPS won't issue that permit until the owner has also applied for the building permit for the fence or wall required to enclose the pool under § 51-15. Within 5 days after the pool is finished, the owner must request a final inspection, and the pool cannot be filled until it passes. Violators face a Class A penalty: up to $1,000 and 6 months in jail, or a $500 civil fine ($750 for a repeat offense).
Violations & Fines
Building or substantially altering a private pool without a DPS permit, or filling it before final inspection, is a Class A violation: up to $1,000 and 6 months in jail, or a $500-$750 civil fine.
Frequently Asked Questions
Do I need a permit to build a pool in Montgomery County?
Can I get the pool permit before the fence permit?
When can I fill a new pool?
Sources & Official References
Other rules in Montgomery County
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