Baytown, TX Landscaping Rules: Rainwater Harvesting (2026)

Texas actively encourages rainwater harvesting through state legislation. House Bill 3391 (2011) requires new state-funded buildings to incorporate rainwater harvesting and prohibits municipalities from banning residential rainwater collection systems. Texas Property Code Section 202.007 prevents HOAs from prohibiting rainwater harvesting devices on residential property. Texas Tax Code Section 151.355 provides a sales tax exemption for rainwater harvesting equipment including storage tanks, gutters, downspouts, filters, and first-flush diverters. Baytown does not impose additional local restrictions on rainwater collection. Rain barrels and small cisterns used for landscape irrigation do not require a city permit. Larger above-ground storage tanks exceeding typical accessory structure size thresholds (generally 120 square feet or higher than 10 feet) may trigger a building permit review under the city's accessory structure regulations. If rainwater is intended for potable use, the system must comply with Texas Commission on Environmental Quality guidelines including proper filtration and treatment. Connecting a rainwater system to the municipal plumbing system requires backflow prevention devices per Texas Plumbing Code. The city's stormwater management regulations in Chapter 98 still apply to overall drainage patterns on the property.