Chapter 2.1
Floodplain and River Corridor Land Use

• ALL
• Remove Code Barriers
• Create Incentives
• Fill Regulatory Gaps

Limit HOA Restrictions on Rain Barrels and Rain Harvesting Systems

INTRODUCTION

Rainwater harvesting is a low-cost method of collecting and storing rainwater for landscape irrigation, providing potable and non-potable indoor water use, and/or diverting stormwater.[1] Harvesting rainwater is accomplished through the use of rain barrels and/or rain harvesting systems that allow individuals to reduce or eliminate the amount of city water necessary to maintain their lifestyle. Rain barrels collect water running of from roofs and store it for later use.[2] Rain harvesting systems are designed for more sophisticated treatment of rain water; they can involve the use of multiple rain barrels and water treatment technologies, and range drastically in size and intended use.[3] Both kinds of collection systems can divert water from overburdened stormwater and sewer systems and conserve rainwater for other uses.

Some home-owners’ associations (HOAs) across the nation have implemented restrictions on the use of rain barrels or rain harvesting systems. The specific reasons that HOAs choose to ban rain barrels or rain harvesting systems vary, but generally relate to concerns about attracting pests, aesthetic impacts, structural concerns related to installation, and personal injuries.[4] By adopting ordinances that prohibit HOAs from implementing restrictions on rain barrels or rain harvesting, a local government can reduce its water usage, energy consumption, and budgetary needs.[5]

Local governments can implement these limitations in several ways. The simplest, but most restrictive, method is to impose a complete ban on an HOA’s right to regulate the installation of rain barrels and rain harvesting systems.[6] Alternatively, local governments may restrict HOA bans, but allow HOAs to set certain parameters for rain barrel or rain harvesting systems.[7] Finally, a local government could allow HOAs to limit the installation of rain barrels and rain harvesting systems, but require that HOAs implement a permitting program through which installation of rain barrels or a rain harvesting system would be allowed.[8]

EFFECTS

National increases in demand for water, combined with a growing likelihood of water shortages, have led to a greater need to make more efficient use of water.[9] When individuals reduce their use of water, they conserve both water and the energy that would otherwise be required to deliver the water.[10] Rainwater collection that can be used for residential purposes such as flushing toilets, watering plants, and washing cars can help reduced both water and energy demands.[11] Collected water can also be beneficial for commercial use; its use reduces industrial reliance on primary water supplies,³¹ and because rainwater is typically softer than water from the main supply, its use may result in longer plumbing and appliance life.³² In addition, limiting the possibility of restrictions on rainwater harvesting through this kind of ordinance could incentivize the development of new and alternative methods of water provision.

Beyond that, many municipalities are negatively affected by excess stormwater flows into the stormwater and sewer system that result in flooding, costs, and pollution.[12] Where combined sewer systems (CSOs) are in place, municipal waste and stormwater flows through the same sewer system. During certain rain events, these systems can overflow requiring direct discharges into water ways, resulting in the introduction of sewage and other pollutants into these bodies.[13] Diverting rainwater from the sewer system through rain barrels or rain harvesting can alleviate some of these issues by reducing the burden on the municipal stormwater and sewer system.

EXAMPLES

Carrboro, NC

In response to concerns by some residents over their lack of ability to engage in certain sustainable activities,[14] Carrboro, North Carolina passed an ordinance that prohibits restriction of a number of environmentally friendly practices by HOAs.[15]  Under the Carrboro ordinance, final development approval by the town’s land use administrator will not be granted where restrictive covenants bar, among other things, the use of rain barrels.[16]  Other covered sustainability measures include solar collectors, clotheslines, or any other devices used to conserve energy or to reuse water.[17] The ordinance makes clear that it is not intended to limit the ability of HOAs to create rules aimed at the safety of rain barrels or other covered devices, or to put restrictions on HOA ability to regulate the location of such covered items.[18]

To view the relevant provision see Carrboro, NC Land Use Ordinance, Section 15-83.3.

Richardson, TX

In Texas, by state law “a property owners’ association may not include or enforce a provision . . . that restricts a property owner from: . . . installing rain barrels or a rainwater harvesting system.”[19] However, the statute still reserves to property owners’ associations the right to regulate certain requirements regarding rain barrels such as color and location.[20]

The City of Richardson, a suburb of Dallas, adopts and applies that state law with more specificity. Richardson implemented a limited permitting system, under which persons who wish to connect their rain harvesting system to city water must obtain a permit.[21] Furthermore, Richardson has set certain restrictions and limitations on the way that water harvested from rain sources may be used.[22] Richardson’s ordinance also defines components that every rainwater harvesting system must possess, and contains provisions that regulating all storage tanks regardless of the size of the rainwater harvesting system.[23] By supplementing the Texas state statute with a more specific local ordinance—with extensive provisions that deal with healthy uses of rainwater—Richardson has managed to encourage water conservation at a local level, while still remaining protective of its citizens’ health and safety.

To view the relevant provisions see Richardson, TX Code of Ordinances, Sec. 6-502, 6-505.

ADDITIONAL EXAMPLES

Austin, TX City Code § 25-2-356 (stating plans for historic districts may allow and encourage property owners to take actions to promote sustainability, including, among other practices, the use of rain-collection systems).

Colorado House Bill 16-1005 (2016) (permitting use of rain barrels statewide and restricting ability of homeowners’ associations to ban use of rain barrels).