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El Paso, TX Landscaping Rules: Rainwater Harvesting (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Chapter
El Paso Grading Code, Ch. 18.44
Key section
§ 18.44.200(A)(9)
Status
Encouraged, not mandatory
Purpose clause
§ 18.44.020(G)
Adopted
Ord. No. 17516, 3-29-2011
Max fine
$2,000/day violation

Summary

El Paso doesn't mandate rainwater harvesting, but its Grading Code makes it an explicit, code-recognized design option: § 18.44.200(A)(9) lets any grading plan be engineered to capture and reuse on-site rainwater to cut surface runoff, and the chapter's purpose clause names harvesting as a way to reduce dependence on groundwater and off-site flooding.

9.Rainwater (precipitation) harvesting. Grading plans may be designed to encourage harvesting and use of rainwater within the project site, to reduce surface runoff discharged from project site. ... G.To encourage harvesting and preservation of rainwater within the project site, reduce dependence on groundwater, and reduce potential off-site flooding and erosion.

Full Breakdown

The rainwater provision lives inside Chapter 18.44, the city's Grading Code (Ord. No. 17516, § 1, adopted March 29, 2011), which any developer disturbing land in El Paso must follow before a grading permit issues under § 18.44.050. Section 18.44.020, Purpose, lists among its goals the intent 'to encourage harvesting and preservation of rainwater within the project site, reduce dependence on groundwater, and reduce potential off-site flooding and erosion,' tying rainwater capture to the same policy goals as erosion control and drainage-path preservation. That purpose becomes an operative design option in § 18.44.200, Engineering controls for grading, subsection A.9, titled 'Rainwater (precipitation) harvesting': 'Grading plans may be designed to encourage harvesting and use of rainwater within the project site, to reduce surface runoff discharged from project site.' The same section separately allows 'water harvesting at the top of slope' to be 'considered and approved on a per project basis' under the retaining-wall and slope-design standards in subsection A.8(h), so a harvesting feature built into a hillside grading plan needs the permit official's case-by-case sign-off rather than following a fixed template.

Because the verb is 'may,' not 'shall,' rainwater harvesting is not an independent permit condition; it is an accepted technique a design engineer can fold into the Grading Site Plan (GSP) that every grading permit already requires under §§ 18.44.100 and 18.44.200(D), where it competes with -- and must be reconciled against -- the chapter's mandatory erosion, slope-stabilization and drainage requirements.

Violations & Fines

Grading without following the approved GSP -- including any rainwater-harvesting feature shown on it -- is a misdemeanor under § 18.44.210, punishable by a fine of up to $2,000, with each day of continued violation counted as a separate offense. The permit official can also require additional stabilization or protective measures on-site.

Frequently Asked Questions

Does El Paso require rainwater harvesting on new development?
No. City Code § 18.44.200(A)(9) says grading plans 'may be designed to encourage harvesting and use of rainwater within the project site,' making it a design option the engineer can choose, not a mandatory feature every grading permit must include.
Where does the rainwater harvesting rule sit in the code?
It's part of the Grading Code, Chapter 18.44, not a standalone water ordinance. The purpose clause at § 18.44.020(G) names harvesting as a goal, and § 18.44.200(A)(9) turns that goal into a specific engineering-controls provision the permit official reviews with the rest of the grading plan.
Can I build a rainwater catchment feature into a hillside grading plan?
Yes, but it needs case-by-case sign-off. Under § 18.44.200(A)(8)(h), 'water harvesting at the top of slope will be considered and approved on a per project basis,' since stormwater storage structures are otherwise barred from sitting at or adjacent to the brow of a slope.

Sources & Official References

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