DROUGHT CONTINGENCY PLAN AND CONSERVATION STAGES.

Austin City Code tit. 6, ch. 6-4, art. 3

in effect

Austin City Code § 6-4-13 WATER CONSERVATION GUIDELINES.

§ 6-4-13 - WATER CONSERVATION GUIDELINES. (A) The director shall recommend and the city manager shall adopt water conservation guidelines that include: (1) policies for compliance by city or other governmental departments; and (2) the criteria for determining when a conservation stage takes effect or terminates. (B) The city manager shall update the guidelines if the city manager determines that changed conditions of the city's water supply system, regulatory obligations, or other environmental or situational factors warrant or necessitate guideline adjustment. (C) The city manager may order that the water use restrictions established in a drought response stage or emergency stage take effect after determining that the order is necessary to protect the public health, safety, or welfare. The city manager may base an order on any condition, occurrence, factor, or an assessment of all relevant circumstances that, in the judgment of the city manager, support the order. The city manager may terminate an order issued under this section at any time. The order is effective immediately following official public notice. (D) Water use regulations of Section 6-4-15 (Water Conservation Stage) remain in effect until such time as the city manager orders termination of the stage in accordance with Subsection (C) of Section 6-4-13, (Water Conservation Guidelines). Unless a drought or emergency stage is expressly declared by order of the city manager, water use regulations of the Section 6-4-15 (Water Conservation Stage) automatically resume by default immediately upon any ordered termination of any drought or emergency stage. (E) Any outdoor water use subject to this chapter shall occur only on a day designated for the applicable water use activity, property/facility type, and street number address classification indicated in the following table. A person may not conduct, authorize, or permit outdoor water use except in accordance with the designation schedule set out in the following table. Except as provided in Section 6-4-14 (Exemptions) for hand-held hoses, a person irrigating using automatic or manual irrigation may not irrigate by hose-end in addition to operating their irrigation system on their designated day. In the following table, "EVEN" or "ODD" correspond to the street number of the physical property address where the outdoor water use occurs. The table below shall be referred to as "the Outdoor Water Use Schedule". Conservation Stage and Drought Response Stage 1 Watering Schedule Property & Irrigation Type | Address | Watering Day Public Schools, College/University, Homeowners Associations & Golf Course Fairways - Automatic & Manual | ALL | Monday Public Schools, College/University, Homeowners Associations & Golf Course Fairways - Drip | ALL | Monday and Thursday Commercial/Multi-family - Drip | ALL | Tuesday and Friday Commercial/Multi-family - Automatic & Manual | EVEN | Tuesday Commercial/Multi-family - Automatic & Manual | ODD | Friday Residential - Automatic & Manual | ODD | Wednesday Residential - Hose-end & Drip | ODD | Wednesday and Saturday Residential - Automatic & Manual | EVEN | Thursday Residential - Hose-end & Drip | EVEN | Sunday and Thursday Drought Response Stage 2 Watering Schedule Property & Irrigation Type | Address | Watering Day Public Schools, College/University, Homeowners Associations & Golf Course Fairways - Automatic & Manual | ALL | Monday Public Schools, College/University, Homeowners Associations & Golf Course Fairways - Drip | ALL | Monday and Thursday Commercial/Multi-family - Automatic & Manual | EVEN | Tuesday Commercial/Multi-family - Automatic & Manual | ODD | Friday Commercial/Multi-family - Drip | ALL | Tuesday and Friday Residential - Automatic & Manual | EVEN | Thursday Residential - Hose-end | EVEN | Sunday Residential - Drip | EVEN | Sunday and Thursday Residential - Automatic & Manual | ODD | Wednesday Residential - Hose-end | ODD | Saturday Residential - Drip | ODD | Wednesday and Saturday Drought Response Stage 3 and Stage 4 Watering Schedule Property & Irrigation Type | Address | Watering Day Public Schools, College/University, Homeowners Associations & Golf Course Fairways - All Types | ALL | Monday Commercial/Multi-family - All Types | EVEN | Tuesday Commercial/Multi-family - All Types | ODD | Friday Residential - Automatic, Drip & Manual | ODD | Wednesday Residential - Automatic, Drip & Manual | EVEN | Thursday Residential - Hose-end | ODD | Saturday Residential - Hose-end | EVEN | Sunday (F) The director may order temporary modification or adjustment to the Outdoor Water Use Schedule in the event of an unusual water system operational event, catastrophic occurrence, severe weather event, or other emergency, disaster situation, or occurrence necessitating the adjustment. A temporary modification or adjustment to the Outdoor Water Use Schedule shall be effective immediately upon official public notice and shall continue in effect for a period not to exceed fifteen (15) consecutive days. The director shall provide official public notice of the date upon which any temporary modification or adjustment to the Outdoor Water Use Schedule expires and the standard Outdoor Water Use Schedule resumes. (G) The director shall monitor the daily supply and demand for water and make recommendations to the city manager about whether or when to implement or terminate water use restrictions in accordance with the Drought Contingency Plan in effect and kept on file with Austin Water Utility or when relevant to any other circumstances affecting continuity of service or public health, safety, or welfare. Source: Ord. 20120816-004; Ord. No. 20160505-003, Pt. 4, 5-16-16; Ord. No. 20201210-007, Pts. 8, 17, 12-21-20; Ord. No. 20240502-006, Pt. 8, 5-13-24; Ord. No. 20241121-006, Pt. 3, 12-2-24.

Austin City Code § 6-4-14 EXEMPTIONS.

§ 6-4-14 - EXEMPTIONS. (A) A person is not required to comply with Section 6-4-15 (Water Conservation Stage), Section 6-4-16 (Drought Response Stage One Regulations), Section 6-4-17 (Drought Response Stage Two Regulations), Section 6-4-18 (Drought Response Stage Three Regulations), Section 6-4-19 (Drought Response Stage Four Regulations), or Section 6-4-20 (Emergency Stage Five Regulations) when: (1) using water is necessary to protect the health, safety, or welfare of the public; (2) using reclaimed or alternative water that is not supplemented by or mixed with potable water supplied by Austin Water; (3) using water is necessary: (a) to make a lawful repair of a water distribution facility, flushing of utility lines or residential or commercial plumbing lines; (b) to perform a governmental function, including a capital improvement construction project, but not including landscape irrigation; (c) to meet express requirements of a federal, state, or local permit related to land development, including but not limited to roadway base preparation, dust control, maintenance of trees subject to preservation restrictions or requirements, concrete or asphalt work, or modification or construction of improvements, but not including landscape irrigation; (d) to wash or sanitize to prevent public health or disease transmission risk associated with liquid, solid, or particulate residue in or on vehicles, containers, or equipment lawfully used to maintain, process, or transport food, perishables, garbage, liquid or solid waste, organic materials, or recyclables; or (e) to conduct firefighting, fire prevention, or fire suppression related activities or operations due to actual risk to public or environmental health, safety, or welfare, life, or property associated with the presence of an uncontrolled fire on or approaching any person or property. (B) A person is not required to comply with Section 6-4-19 (Drought Response Stage Four Regulations) when: (1) using an automatic bubbler; (2) using a hand-held hose or refillable watering vessel; (3) using a drip irrigation system or a soaker hose, placed within the drip-line of the tree canopy; (4) using a drip irrigation system or a soaker hose, for a vegetable garden; (5) using water is necessary to test, repair, or install: (a) a permanent or temporary landscape irrigation system and the person performing the irrigation work is present in the area of irrigation; or (b) an ornamental fountain and the person testing, repairing, or installing the fountain is present; (6) irrigating plant material at a commercial nursery; or (7) irrigating immediately after the application of a commercial lawn treatment, such as fertilizer, pesticides, and herbicides, by an applicator who possesses an appropriate license and complies with a request from the director to provide: (a) receipts that document the application; and (b) the applicator's credentials. (C) A person is not required to comply with Section 6-4-15 (Water Conservation Stage), Section 6-4-16 (Drought Response Stage One Regulations), Section 6-4-17 (Drought Response Stage Two Regulations), or Section 6-4-18 (Drought Response Stage Three Regulations) when: (1) using an automatic bubbler; (2) using a hand-held hose or refillable watering vessel; (3) using a drip irrigation system or a soaker hose, placed within the drip-line of the tree canopy; (4) using a drip irrigation system or a soaker hose, for a vegetable garden; (5) irrigating plant material at a commercial nursery; (6) irrigating immediately after the application of a commercial lawn treatment such as fertilizer, pesticides, and herbicides by an applicator who possesses an appropriate license and complies with a request from the director to provide: (a) receipts that document the application; and (b) the applicator's credentials; or (7) using water is necessary to test, repair, or install: (a) a permanent or temporary landscape irrigation system and the person performing the irrigation work is present in the area of irrigation; or (b) an ornamental fountain and the person testing, repairing, or installing the fountain is present. (D) A person is not required to comply with Section 6-4-15 (Water Conservation Stage) or Section 6-4-16 (Drought Response Stage One Regulations) when: (1) watering is necessary to comply with federal, state, or local land development permits requiring the establishment of new landscaping if the watering occurs between the hours of 7:00 p.m. to 10:00 a.m.; or (2) irrigating areas documented on a City approved and released site plan as golf course fairways, greens, or tees. (E) During Water Conservation Stage, Drought Stage One, and Drought Stage Two, a person may irrigate athletic fields used for organized sports practice, competition, or exhibition events if necessary to protect the health and safety of the players, staff, or officials present for the athletic event and necessary to occur at a time or day not in accordance with the watering schedule established in this chapter. Source: Ord. 20120816-004; Ord. No. 20201210-007, Pts. 9, 17, 12-21-20; Ord. No. 20240502-006, § 9, 5-13-24; Ord. No. 20241121-006, Pt. 4, 12-2-24.

Austin City Code § 6-4-15 WATER CONSERVATION STAGE.

§ 6-4-15 - WATER CONSERVATION STAGE. (A) This section prescribes water conservation regulations and applies during the periods prescribed by Section 6-4-13(D) (Water Conservation Guidelines). (B) A person may not irrigate outdoors except on a designated outdoor water use day for the location. (C) A person may not irrigate outdoors between the hours of 10:00 a.m. and 7:00 p.m., even if the irrigation occurs on a designated outdoor water use day for the location. (D) A person may not operate a patio mister at a commercial facility except between the hours of 4:00 p.m. and midnight. (E) A person may not use or allow the use of water to wash or rinse an automobile, truck, trailer, boat, airplane, motorcycle, or other mobile equipment or vehicle, unless using a hose with a positive shutoff valve or a single, refillable vessel with water. A person commits a separate offense for each vehicle or piece of equipment washed in violation of this subsection. It is an affirmative defense to a violation of this subsection that the water use occurred at a vehicle wash facility for the water use charged in the complaint. (F) A person may not use or allow the use of water to wash, rinse, or treat any outdoor surface, including but not limited to a sidewalk, driveway, parking area, street, tennis court, patio, or other paved area or outdoor building surface, unless using a hose with a positive shutoff valve or a single, refillable vessel with water. A person commits a separate offense for each outdoor surface washed in violation of this subsection. Source: Ord. 20120816-004; Ord. No. 20160505-003, Pt. 6, 5-16-16; Ord. No. 20201210-007, Pt. 17, 12-21-20; Ord. No. 20240502-006, Pt. 10, 5-13-24.

Austin City Code § 6-4-16 DROUGHT RESPONSE STAGE ONE REGULATIONS.

§ 6-4-16 - DROUGHT RESPONSE STAGE ONE REGULATIONS. (A) This section prescribes Drought Response Stage One regulations and applies during any Stage One period ordered by the city manager in accordance with Section 6-4-13(C) (Water Conservation Guidelines). (B) A person may not irrigate outdoors except on a designated outdoor water use day for the location. (C) A person may not irrigate outdoors with an automatic or drip irrigation system between the hours of 8:00 a.m. and 7:00 p.m., even if the irrigation occurs on the designated outdoor water use day for the location. (D) A person may not irrigate outdoors with a hose-end or manual sprinkler system between the hours of 10:00 a.m. and 7:00 p.m., even if the irrigation occurs on the designated outdoor water use day for the location. (E) A person may not operate a patio mister at a commercial facility except between the hours of 4:00 p.m. and midnight. (F) A person may not use or allow the use of water to wash or rinse an automobile, truck, trailer, boat, airplane, motorcycle, or other mobile equipment or vehicle, unless using a hose with a positive shutoff valve or a single, refillable vessel with water. A person commits a separate offense for each vehicle or piece of equipment washed in violation of this subsection. It is an affirmative defense to a violation of this subsection that the water use occurred at a vehicle wash facility for the water use charged in the complaint. (G) A person may not use or allow the use of water to wash, rinse, or treat any outdoor surface, including but not limited to a sidewalk, driveway, parking area, street, tennis court, patio, or other paved area or outdoor building surface, unless using a hose with a positive shutoff valve or a single, refillable vessel with water. A person commits a separate offense for each outdoor surface washed in violation of this subsection. Source: Ord. 20120816-004; Ord. No. 20160505-003, Pt. 6, 5-16-16; Ord. No. 20201210-007, Pts. 10, 17, 12-21-20; Ord. No. 20240502-006, Pt. 11, 5-13-24; Ord. No. 20241121-006, Pt. 5, 12-2-24.

Austin City Code § 6-4-17 DROUGHT RESPONSE STAGE TWO REGULATIONS.

§ 6-4-17 - DROUGHT RESPONSE STAGE TWO REGULATIONS. (A) This section prescribes Drought Response Stage Two Regulations and applies during any Stage Two period ordered by the city manager in accordance with Section 6-4-13(C) (Water Conservation Guidelines). (B) A person may not irrigate outdoors except on the designated outdoor water use day for the location. (C) A person may not irrigate outdoors with an automatic or drip irrigation system between the hours of 5:00 a.m. and 7:00 p.m. even if the irrigation occurs on the designated outdoor water use day for the location. (D) A person may not irrigate outdoors with a hose-end or manual sprinkler system between the hours of 10:00 a.m. and 7:00 p.m. even if the irrigation occurs on the designated outdoor water use day for the location. (E) Operation of a charity car wash is prohibited. It is not a defense to a violation of this section that the charity car wash occurred on the designated outdoor water use day for the location. (F) A person may not use or allow the use of water to wash or rinse an automobile, truck, trailer, boat, airplane, motorcycle, or other mobile equipment or vehicle, unless using a single, refillable vessel with water. A person commits a separate offense for each vehicle or piece of equipment washed in violation of this subsection. It is an affirmative defense to a violation of this subsection that the water use occurred at a vehicle wash facility for the water use charged in the complaint. (G) A person may not irrigate a golf fairway unless the irrigation occurs between the hours of midnight and 5:00 a.m. or between the hours of 7:00 p.m. and midnight on the designated outdoor water use day applicable to the property. A person may irrigate a golf course green or tee every other day only if the irrigation of the location is consistent with a noticed exception establishing the schedule for the property submitted on forms required by Austin Water Utility and approved by the director. (H) A person may not operate an ornamental fountain with an aerial emission of water or aerial fall of water greater than four inches other than for aeration necessary to preserve habitat for aquatic life. (I) A person may not operate a patio mister at a commercial facility except between the hours of 4:00 p.m. until midnight. (J) A person may not use or allow the use of water to wash, rinse, or treat any outdoor surface, including but not limited to a sidewalk, driveway, parking area, street, tennis court, patio, or other paved area or outdoor building surface, unless using a hose with a positive shutoff valve or a single, refillable vessel with water. A person commits a separate offense for each outdoor surface washed in violation of this subsection. Source: Ord. 20120816-004; Ord. No. 20160505-003, Pt. 7, 5-16-16; Ord. No. 20201210-007, Pts. 11, 17, 12-21-20; Ord. No. 20240502-006, Pt. 11, 5-13-24; Ord. No. 20241121-006, Pt. 5, 12-2-24.

Austin City Code § 6-4-18 DROUGHT RESPONSE STAGE THREE REGULATIONS.

§ 6-4-18 - DROUGHT RESPONSE STAGE THREE REGULATIONS. (A) This section prescribes Drought Response Stage Three Regulations and applies during a period ordered by the city manager in accordance with Section 6-4-13(C) (Water Conservation Guidelines). (B) A person may not irrigate outdoors except on a designated outdoor water use day for the location. (C) A person may not irrigate outdoors with an automatic or drip irrigation system between the hours of 6:00 a.m. and midnight even if the irrigation occurs on the designated outdoor water use day for the location. (D) A person may not irrigate outdoors with a hose-end or manual sprinkler system except between the hours of 7:00 a.m. and 10:00 a.m. or between the hours of 7:00 p.m. and 10:00 p.m. even if the irrigation occurs on the designated outdoor water use day for the location. (E) Operation of a charity car wash is prohibited. It is not a defense to a violation of this section that the charity car wash occurred on a designated outdoor water use day for the location. (F) A person may not use or allow the use of water to wash or rinse an automobile, truck, trailer, boat, airplane, motorcycle, or other mobile equipment or vehicle, unless using a single, refillable vessel with water. A person commits a separate offense for each vehicle or piece of equipment washed in violation of this subsection. It is an affirmative defense to a violation of this subsection that the water use occurred at a vehicle wash facility for the water use charged in the complaint. (G) A person may not irrigate a golf fairway unless the irrigation occurs between the hours of midnight and 5:00 a.m. or between the hours of 7:00 p.m. and midnight on the designated outdoor water use day applicable to the property. A person may irrigate a golf course green or tee every other day only if the irrigation of the location is consistent with a noticed exception establishing the schedule for the property submitted on forms required by the Utility and approved by the director. (H) The filling of spas is prohibited. (I) A person may not operate a splash pad except between the hours of 9:00 a.m. and 8:00 p.m. (J) A person may not operate a patio mister at a commercial facility except between the hours of 4:00 p.m. and 8:00 p.m. (K) A person may not operate an ornamental fountain with an aerial emission of water or aerial fall of water greater than four inches in distance other than for aeration necessary to preserve habitat for aquatic life. (L) A person may not use or allow the use of water to wash, rinse or treat any outdoor surface, including but not limited to a sidewalk, driveway, parking area, street, tennis court, patio, or other paved area or outdoor building surface, unless using a hose with a positive shutoff valve or a single, refillable vessel with water. A person commits a separate offense for each outdoor surface washed in violation of this subsection. Source: Ord. 20120816-004; Ord. No. 20160505-003, Pt. 8, 5-16-16; Ord. No. 20201210-007, Pts. 12, 17, 12-21-20; Ord. No. 20240502-006, Pt. 11, 5-13-24; Ord. No. 20241121-006, Pt. 6, 12-2-24.

Austin City Code § 6-4-19 DROUGHT RESPONSE STAGE FOUR REGULATIONS.

§ 6-4-19 - DROUGHT RESPONSE STAGE FOUR REGULATIONS. (A) This section prescribes Drought Response Stage Four Regulations and applies during a period ordered by the city manager in accordance with Section 6-4-13(C) (Water Conservation Guidelines). (B) A person may not irrigate outdoors except on a designated outdoor water use day for the location. (C) A person may not irrigate nonfunctional turf with automatic or manual irrigation system, drip irrigation, or hose-end sprinkler. (D) A person may not irrigate outdoors with an automatic or drip irrigation system between the hours of 6:00 a.m. and midnight even if the irrigation occurs on the designated outdoor water use day for the location. (E) A person may not irrigate outdoors with a hose-end sprinkler except between the hours of 7:00 a.m. and 10:00 a.m. or between the hours of 7:00 p.m. and 10:00 p.m. even if the irrigation occurs on the designated outdoor water use day for the location. (F) A person may not operate a charity car wash. It is not a defense to a violation of this section that the charity car wash occurred on a designated outdoor water use day for the location. (G) A person may not use or allow the use of water to wash or rinse an automobile, truck, trailer, boat, airplane, motorcycle, or other mobile equipment or vehicle, unless using a single, refillable vessel with water. A person commits a separate offense for each vehicle or piece of equipment washed in violation of this subsection. It is an affirmative defense to a violation of this subsection that the water use occurred at a vehicle wash facility for the water use charged in the complaint. (H) A person may not fill a spa. (I) A person may not operate a splash pad except between the hours of 9:00 a.m. and 8:00 p.m. (J) A person may not operate a patio mister at a commercial facility except between the hours of 4:00 p.m. and 8:00 p.m. (K) A person may not operate an ornamental fountain with an aerial emission of water or aerial fall of water greater than four inches in distance other than for aeration necessary to preserve habitat for aquatic life. (L) A person may not use or allow the use of water to wash, rinse, or treat any outdoor surface, including but not limited to a sidewalk, driveway, parking area, street, tennis court, patio, or other paved area or outdoor building surface, unless using a hose with a positive shutoff valve or a single, refillable vessel with water. A person commits a separate offense for each outdoor surface washed in violation of this subsection. (M) On or after the city manager orders that Drought Response Stage Four Regulations are in effect, the director of Development Services may not approve new permits to install: (1) irrigation systems; or (2) swimming pools, or spas at single-family residential properties. Source: Ord. 20120816-004; Ord. No. 20201210-007, Pts. 13, 17, 12-21-20; Ord. No. 20240502-006, Pt. 12, 5-13-24; Ord. No. 20241121-006, Pt. 6, 12-2-24.

Austin City Code § 6-4-20 EMERGENCY STAGE FIVE REGULATIONS.

§ 6-4-20 - EMERGENCY STAGE FIVE REGULATIONS. This section prescribes Emergency Stage Five Regulations and applies during a time period ordered by the city manager in accordance with Section 5-4-13(C) (Water Conservation Guidelines). (A) A person may not use or allow the use of water to irrigate vegetation outdoors. (B) A person may not use or allow the use of water to test or repair a permanently or temporarily installed irrigation system or drip irrigation system. (C) A person may not use or allow the use of water to wash or rinse an automobile, truck, trailer, boat, airplane, or other mobile equipment. (D) A person may not use or allow the use of water to operate an ornamental fountain or structure making similar use of water, other than the aeration necessary to preserve habitat for aquatic life. (E) A person may not use or allow the use of water to fill, clean, rinse, supplement, operate or maintain a tub, spa, fountain, pond, pool, or other container, feature, or improvement used, designed, maintained, or intended for aesthetic, athletic, or recreational purpose. This does not apply to the filling of non-aerating birdbaths or animal watering containers. (F) A person may not operate a splash pad or other similar aesthetic or recreational use of water. (G) A person may not use or allow the use of water to wash, rinse, or treat any outdoor surface including but not limited to a sidewalk, driveway, parking area, street, tennis court, patio, or other paved area or outdoor building surface. (H) A person may not use or allow the use of water to operate a patio mister. (I) A person may not use or allow the use of water in or related to a chemical lawn treatment unless specifically authorized in accordance with Section 6-4-30 (Variance). (J) A person may not use or allow the use of water for watering the ground around a building foundation to prevent or address foundation cracking except as specifically authorized in accordance with Section 6-4-30 (Variance). (K) On or after the city manager orders that Emergency Stage Five Regulations are in effect, the director of Development Services may not approve new permits to install: (1) irrigation systems; or (2) swimming pools, or spas at single-family residential properties. Source: Ord. 20120816-004; Ord. No. 20201210-007, Pt. 17, 12-21-20; Ord. No. 20240502-006, Pt. 12, 5-13-24.

Austin City Code § 6-4-21 DIRECTOR'S AUTHORITY TO IMPOSE ADDITIONAL RESTRICTIONS.

§ 6-4-21 - DIRECTOR'S AUTHORITY TO IMPOSE ADDITIONAL RESTRICTIONS. (A) The director may implement mandatory water restrictions in addition to those prescribed by Division 1 (Regulated Activities) of Article 2 to protect public health, safety, welfare, infrastructure or available resources in the event of an unusual water system operational event, catastrophic occurrence, severe weather event, or other emergency, disaster situation, or occurrence necessitating additional restrictions. (B) The director may implement additional mandatory water use restrictions that are effective immediately upon official public notice. Source: Ord. No. 20240502-006, Pt. 13, 5-13-24.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT6ENCOCO_CH6-4WACO_ART3DRCOPLCOSTFetched: 10/27/2026