Can a Texas HOA Restrict My Right to Harvest Rainwater or Maintain Rain Barrels?
By Trey Wilson, Texas Real Estate and Water Lawyer
Water conservation in Texas isn’t just smart policy—it’s backed by law. With drought cycles, population growth, and aquifer strain across the state, rainwater harvesting has become a protected activity. In fact, Section 202.007 of the Texas Property Code makes it clear: homeowners’ associations (HOAs) cannot prohibit you from installing rain barrels or a rainwater harvesting system on your property.
The Statute: What HOAs Cannot Do
Under § 202.007(a)(2), an HOA may not include or enforce a provision in a restrictive covenant (a red restriction or “CC&R”) that “prohibits or restricts a property owner from installing rain barrels or a rainwater harvesting system.” Any provision that violates this section is void.
Under Texas law, “void” means signifies a legal act that is considered invalid from inception and which has no legal effect. In this way, any deed restriction that prohibits rainwater collection is invalid, is not recognized at law, and which has no consequences.
Reasonable HOA Restrictions Still Allowed
Despite the prohibition on restrictions that ban rainwater harvesting and other conservation efforts, HOAs may still adopt and enforce reasonable restrictions that limit rain barrels.
Some areas within HOA regulatory powers are:
- Location Limitations – HOAs may restrict installations:
- On HOA-owned property or common areas
- Between the front of the residence and the adjacent street
- Aesthetic Guidelines – HOAs may require that:
- The system matches the home’s color scheme
- No logos or advertisements appear on the equipment
- Size and Shielding – HOAs may regulate visual shielding or placement so long as they don’t effectively ban the system
In essence, while HOAs can impose reasonable limitations to preserve neighborhood aesthetics, they cannot impose a blanket ban on rainwater collection systems.
State and Local Incentives for Rainwater Harvesting
Not only does Texas and local government protect your right to harvest rainwater—it actively encourages it.
- San Antonio Water System (SAWS) offers rebates and educational programs for homeowners who install rain barrels or larger rainwater harvesting systems.
- Texas Water Development Board (TWDB) provides statewide guidance, design manuals, and promotes legislative support for rainwater collection as an alternative supply strategy.
- Edwards Aquifer Authority and other local groundwater conservation districts often host workshops or support cost-sharing programs to reduce reliance on aquifer pumping.
These programs reflect a broader policy consensus: rainwater harvesting is an important tool in the effort to reduce municipal water demand, ease pressure on aquifers, and promote sustainable use in a rapidly growing state.
Do You Need HOA Approval?
Yes—many HOAs still require a homeowner to submit plans or design specifications for approval. However, they may not deny your request simply because they don’t want rain barrels in the community. Their review must focus on reasonable aesthetics and placement—not a philosophical opposition to conservation efforts.
What if My HOA Tries to Ban It Anyway?
HOAs that try to ban rainwater harvesting outright are violating Texas law. If your HOA covenants include such a provision, it is void and unenforceable under Section 202.007. In some cases, you may have grounds to seek injunctive relief or attorney’s fees if the HOA takes enforcement action contrary to the statute.
Final Thoughts
Rain barrels and rainwater harvesting systems are legal, practical, and increasingly encouraged in Texas. Thanks to protections under state law and support from local agencies, landowners have more freedom than ever to manage their own water resources. If you’re facing resistance from an HOA, where it comes to your rainwater harvesting plans, remember: the law is on your side—and so is the next rainstorm.
When in doubt, consult a qualified Water Lawyer to review your rights, advise on your HOA documents, and help you design a legally compliant rainwater collection system that works for your property and your community.
About the Author
Trey Wilson is a Water Lawyer and real estate attorney based in San Antonio. With over 25 years of experience advising Texas landowners on water rights, HOA law, and land use disputes, Trey helps clients understand their rights and protect their property. Learn more at sanantoniorealestatelawyer.com.
