Bernalillo County, NM Swimming Pools & Spas: Pool Permits (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.
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.
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?
Does that mean there are no rules at all for a private pool?
Does this apply if I live in Albuquerque?
Sources & Official References
Other rules in Bernalillo County
Compare Bernalillo County to another location·View the New Mexico swimming pools & spas overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.