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Austin, TX Landscaping Rules: Rainwater Harvesting (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified April 2026

Key Facts

Residential
Up to $5,000 residential rebate
$100/barrel Rebate
$100/barrel rebate, 12 barrel max
Statutory Authority
HOA ban prohibited (TPC §202.007)
Statutory Authority
Sales tax exempt (Tax Code §151.355)
Permit Cisterns
Permit for cisterns over 5,000 gal

Summary

Austin strongly encourages rainwater harvesting and offers rebates up to $5,000 through Austin Water. Texas Property Code §202.007 prevents HOAs from banning rain barrels or cisterns. Building permits are required for cisterns over 5,000 gallons or connected to household plumbing.

Sec. 202.007. CERTAIN RESTRICTIVE COVENANTS PROHIBITED. (a) A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from: (1) implementing measures promoting solid-waste composting of vegetation, including grass clippings, leaves, or brush, or leaving grass clippings uncollected on grass; (2) installing rain barrels or a rainwater harvesting system; (3) implementing efficient irrigation systems, including underground drip or other drip systems; or (4) using drought-resistant landscaping or water-conserving natural turf. (b) A provision that violates Subsection (a) is void.

Source: Austin Water Rainwater Harvesting RebateView official code

Full Breakdown

Austin Water's Rainwater Harvesting Rebate offers $0.50 per gallon of pressurized storage up to $5,000 for residential and $20,000 for commercial, plus $100 per rain barrel up to 12 barrels ($1,200). The program has been running since 2006 and funded thousands of systems. Non-pressurized barrels and cisterns on outdoor drip irrigation need no permit; a building permit is required for cisterns over 5,000 gallons or any system connected to indoor plumbing (potable or non-potable). Indoor potable use requires Austin Water approval, a backflow prevention assembly, and is limited to detached systems. Texas Property Code §202.007 prohibits HOAs from banning rainwater harvesting systems, though HOAs may require screening and limit placement to rear yards. Texas Tax Code §151.355 exempts rainwater harvesting equipment from state sales tax. Rainwater is not subject to Texas surface-water rights: collected rainwater belongs to the collector. Gutters feeding cisterns should be screened to exclude mosquitoes (Austin Public Health Chapter 10-1).

Frequently Asked Questions

Can my HOA force me to remove a rain barrel?
No. Texas Property Code §202.007 prevents outright bans, though reasonable screening and placement rules are allowed.
Is collected rainwater mine?
Yes. Texas does not regulate captured rainwater under surface-water rights.

Sources & Official References

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