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Little Elm, TX Landscaping Rules: Rainwater Harvesting (2026)

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

Key Facts

Legal Status
Legal and encouraged
HOA Protection
TX Property Code 202.007(c)
Potable Use
Permitted under TX HSC 341.042
Local Permit
Not required for rain barrels
Tax Benefit
Sales tax exemption on equipment

Summary

Rainwater harvesting legal and encouraged. TX Property Code 202.007 bars HOA bans on collection systems. TX HSC 341.042 permits potable use. No local permit needed for rain barrels.

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: TX Property Code 202.007View official code

Full Breakdown

Rainwater harvesting is legal throughout Texas and specifically protected from HOA prohibition under Texas Property Code 202.007(c), which prevents property owners associations from banning outdoor water conservation measures including rainwater harvesting systems and composting devices. Little Elm does not require a permit for residential rain barrel installation. Texas Health and Safety Code 341.042 permits the use of harvested rainwater for potable purposes provided the system meets Texas Commission on Environmental Quality (TCEQ) minimum water quality standards for drinking water. For non-potable uses such as landscape irrigation, car washing, and toilet flushing, no water quality testing is required. The Texas Tax Code provides a sales tax exemption for rainwater harvesting equipment and supplies. In drought-prone Denton County, rainwater harvesting supplements the twice-weekly watering schedule and reduces demand on NTMWD supply. Large above-ground storage tanks exceeding typical residential size may require building permit review for structural and setback compliance. Underground cisterns require plumbing permits if connected to indoor fixtures.

Violations & Fines

No penalties for rainwater harvesting. HOAs that attempt to ban compliant systems violate TX Property Code 202.007. Large tank installations without required building permits subject to standard building code enforcement.

Frequently Asked Questions

Can my HOA prohibit rain barrels?
No. Texas Property Code 202.007(c) prevents HOAs from prohibiting rainwater harvesting systems. An HOA may adopt reasonable guidelines on system appearance and location but cannot ban them outright.
Can I drink harvested rainwater?
Texas law permits potable use of harvested rainwater if the system meets TCEQ drinking water quality standards. For landscape irrigation and other non-potable uses, no testing is required.

Sources & Official References

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Rainwater Harvesting in Nearby Cities

How other cities in Denton County handle rainwater harvesting.

Denton, TX
Few Restrictions