Texas Rainwater Catchment Association (TRCA)

State, County and Other Local Government Ordinances You Need To Be Aware Of
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Please send information on ordinances you are aware of to Webmaster@texrca.org

We have three sections here called "The Good" "The Bad" and of course, "The Ugly". Come on guys and gals, send me something to get this page going!!!!

See new information for City of Dallas under "The Ugly"

"The Good"

The City of Austin offers a 75 gallon rainbarrel for $60 to anyone who purchases 100% of their rainwater from the City of Austin. If you wish to purchase a rainbarrel other than the one they offer, you can apply for a rebate up to $30. The city also offers a rebate up to $300 for installation of rainwater collection systems larger than a rainbarrel. These systems must be over 300 gallons. For additional information, visit the link below.


http://www.ci.austin.tx.us/watercon/



Sales Tax Exemptions for Water Related Equipment
The Texas Legislature created a new sales tax exemption to encourage Texans to conserve water. The exemption, which took effect September 1, 2001, applies to equipment, supplies, and services used solely for certain types of water conservation.

For the purpose of this exemption, "solely" means the equipment, services, or supplies are used exclusively for stated water conservation. For example, a water dam in a toilet tank is used only to save water, so it qualifies for the exemption. A washing machine that has special features to conserve water does not qualify, because it is used to wash clothes, not solely to reduce water use.

The new exemption covers the following types of conservation with examples of equipment, supplies, and services that qualify for the exemption from sales tax if used solely for the purpose shown.

  • Rainwater harvesting - rain barrels, gutters used solely to route the water into rain barrels or rainwater collection systems, tanks and cisterns, roof washers used in harvesting systems, screens and filters for the gutters, barrels, tanks, cisterns and roof washers, and a collection surface area that is not used as a roof of a structure or storage area.

Visit the link below for additional information.
 http://www.window.state.tx.us/taxinfo/taxpubs/tx96_237_4_02.html#waterequip

To download a tax exemption certificate, visit the link below.
http://window.state.tx.us/taxinfo/taxforms/01-forms.html.

"The Bad"

I recently installed cisterns for a customer in Farmers Branch in her back yard.  The cisterns were delivered to her home and stored in her side yard.  At time of delivery, she was having siding installed and the installation tools and equipment was in the back yard. The cisterns could not be moved until the siding project was complete.  Her neighbor across the street saw the cisterns and felt compelled to have other neighbors sign a petition against her having cisterns.  Her neighbor delivered the signed petition to the city.  The city inspector, Jim Olk, immediately paid her a visit and ultimately gave her restrictions on the amount of cisterns she could install.  She had wanted to install several cisterns, but the City of Farmers Branch only allowed her to install up to 120 sq. ft. of tanks.  The City of Farmers Branch currently limits the area to 120 sq. ft. that can be used for "structures".  So the rainwater cisterns were lumped under the category of "structures", usually reserved for sheds and the like.  The City is also not allowing her to set the cisterns next to her home, not even rain barrels.  They have to be six feet from her home.  Possibly from the same "structures" ordinance.  She had been threatened with a fine until she moves the cistern.  However, she has applied for a variance and the fines have been delayed.  My customer has spoken with some of her neighbors about signing the petition.  Her neighbors were told that the cisterns were being installed in the front yard.  When they found out that they cisterns were to be installed in the backyard, the said that they would not have signed the petition if they knew. The City of Farmers Branch relies on Dallas for their water. According to Mr. Olk, Farmers Branch is not having a water crisis, as they do such a good job of managing their water usage. They will only have water restrictions if Dallas imposes restrictions on Dallas residents.  Farmers Branch will not voluntarily impose restrictions.  Mr. Olk's phone number is 972-919-2549.

Submitted by Greg Whitfield, The Rainwell

                                             "The Ugly"

1. City of Dallas Strikes Again!
The City of Dallas is preventing homeowners from using their Rainwater System after it was installed in a LEEDS Platinum Certified home. Seems they weren't aware when they approved the installation that the rainwater would be used for running the washing machine, as well as for landscape and filling the toilets, so their solution is to not use the rainwater system at all. Looks like Mr. Lonnie Irwin from below is involved again.

                                          
(submitted by Chuck Sowders, Dallas Drain)

click here to download DMN article about this story

                                

2. Ordinance #26172, City of Dallas.

The City of Dallas plumbing codes classifies all rainwater as storm water. They require that a licensed plumber install any and all storm water systems. According to Marvin Rhoades, Senior Plumbing and Mechanical Plan’s Examiner, a licensed plumber is required to install even a rain barrel under a downspout! If you would like to contact the City of Dallas about this ordinance, Marvin’s phone number is 214-948-4468. Marvin’s boss is Lonnie Erwin, Chief Plumbing and Mechanical Examiner and his phone number is 214-948-4464. Here is a link to their ordinance in .pdf format.

.   http://dallascityhall.com/pdf/Building/Chap54Plumbing.pdf

(Submitted by Greg Whitfield, The Rainwell)



3. City of Richardson;
A recent story on Channel 8 News in Dallas about one mans attempt to collect and use rainwater for irrigating his landscape has brought to our attention one more city who just "doesn't get it" when it comes to water conservation. The City of Richardson's current zoning does not allow rainwater collection for residential lots. This man was told he would have to submit for a special permit, pay a $1500 fee and hold two public hearings, to see if it would be approved. Click the link below to get the entire story.

(Submitted by Rick Daniel, Rainwater Harvesting Solutions, Inc)

Your resource for credible information on rainwater collection in the Lone Star State of Texas!