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Development and Codes                                                             


Overview

Ensuring all new buildings and landscapes are water efficient when they join the water system, and that water efficiency is automatically incorporated into redevelopment, are fundamental conservation opportunities. Codes and regulations play an important role in determining the water efficiency of new development and redevelopment. In many communities, codes and regulations are established and enforced by an entity separate from the water provider (e.g., municipality, county government, etc.). The Development and Codes Best Practice Area is intended to provide water providers with information to effectively understand and interact with community codes, regulations, and processes related to land use and community development.

For more on this best practice see the CWW Best Practices document, which includes additional information on:

  • Understanding how development regulations, such as zoning, subdivision, and landscape ordinances, shape water use and conservation at the site, neighborhood, and community levels.
  • Understanding how building regulations, including building and plumbing codes, impact indoor water use and conservation.
  • Understanding how other codes and ordinances, such as water conservation ordinances, nuisance ordinances, and homeowners’ association (HOA) codes and covenants, regulate the use of water and water conservation and efficiency practices.
      See external resources related to Development and Codes.

    Key Takeaways

    Development and Building Regulations
      • In Colorado, codes regulating indoor water use (e.g., Plumbing Code) are more standardized than codes regulating outdoor water use (e.g., zoning ordinances, landscape standards); water providers need to work closely with communities on development regulations that shape outdoor water use.
      • Land use and development regulations shape water use and conservation significantly. Integrating conservation and efficiency into new development layout and design is simpler than retrofitting existing development.
      • Additional tools and incentives are often needed to address water use and conservation for existing development (see the Outdoor Water Use and Indoor Water Use best practices for additional information).
    Other Codes and Ordinances
      • Communities may adopt other codes and ordinances to regulate water use, but close coordination is essential for these regulations to be effective and enforceable.

      Major Benefits and Considerations

      Category  Definition
      Water Savings
      • Savings are variable. Lot sizes, landscape standards, and other development and construction regulations influence how much water is needed, and therefore how much is ultimately used or conserved.
        Other
          • “Smart from the start” development can help prevent the need for costly retrofit projects to make existing properties or buildings more efficient and help to reduce water use and associated fees.
          • Developers can save money on tap fees and water supply requirements by incorporating water efficiency and conservation practices early in the development process.
          • In addition to serving as an educational tool for developers and the community, codes and regulations set the minimum requirements and the rules for how water should be planned, developed, and used for community benefit.
          • Water conservation and efficiency codes and regulations can have many co-benefits such as water quality, ecosystem health, and climate benefits such as drought resilience, urban heat island mitigation, and greenhouse gas emissions reduction through reduced energy use for water treatment or distribution. 

          Costs

          Category  Definition 
          Water Provider
          Costs
          • Establishing or revising development and building regulations can be a time consuming and costly endeavor, where most of the costs fall on the local governments, though the water provider may play a supporting role in developing or reviewing new or revised development regulations, and so the costs associated with those processes will vary.
          • Once development and building regulations are established, costs to water providers are largely the investment of staff time to review and comment on development proposals and building permits, in alignment with adopted development, building, and water provider standards. In some cases, the utility may also be responsible for ongoing monitoring of water use, especially as it relates to landscape and irrigation plans that use a water budget approach. 
          • Adopting Green building and water conservation ordinances may be relatively straightforward, but monitoring and enforcement can be time consuming for local governments. This typically falls on local government outside of the water utility, who may have to provide data and technology to support enforcement. This may require staff time.
            Customer Costs
            • Customers may have lower bills when water conserving practices (e.g., landscapes, fixtures, etc.) are integrated into developments from the start. Water providers may reduce or delay the need for costly water supply and/or infrastructure development by coordinating with developers.
            • The initial customer associated with development and building codes is the developer. Typically, the developer will bear the costs of preparing and finalizing plans that adhere to local development and building regulations.
            • The final customer is the building/property user, and the costs associated with adhering to the development and building regulations are frequently incorporated into the sale or lease price, or sometimes through property tax or association dues.
            • Costs associated with maintenance according to the standards are the responsibility of the property owner or lessee. Green certifications and irrigation systems designed to adhere with water conservation ordinances may cost slightly more upfront than developments that do not achieve such standards, but those initial costs will frequently have a positive return on investment through reduced operations costs. Violations to water conservation ordinances usually come in the form of fees or excess water use surcharges.

            Case Studies


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