Green Building is Now the Law in Dallas

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Dallas has now accepted the first building permit applications under its green building ordinance. Dallas is one of the first major cities in the nation to implement comprehensive mandatory green building standards for both all new residential and commercial construction.

By Resolution 08-1070 adopted unanimously on April 9, 2008 Phase 1 of the law was effective in 2009 and Phase 2 (originally to be effective October 1, 2011) was fully implemented October 1, 2013.

All new projects must either: meet the minimum requirements of the Dallas Green Construction Code or be LEED certifiable or be Green Built Texas certifiable or be certifiable under an equivalent green building standard. Projects need only be “certifiable” and not LEED certified nor Green Built Texas certified.

Expedited review is available for projects that are at a minimum Dallas Green Construction Code compliant, LEED Silver certifiable or ASHRAE 189.1-2011 certifiable.

Projects must reduce water usage by 20%. LEED projects may achieve 1 point under the Water Use Reduction (20% Reduction) Credit or projects may use 20% less water than the baseline under the Plumbing Code.

Single family residential may also meet the minimum requirements of ICC 700. Lots must be designed so that at least 70% of the built environment is permeable. Projects must utilize drip irrigation for all “bedding areas” of landscaping.

Significantly, as one of the optional compliance paths a project may comply with the Dallas Green Construction Code, which is an enactment of the International Green Construction Code with local amendments. Many have noted Dallas deleted Chapter 6 of the IgCC, the energy conservation provision, and elected instead to keep existing energy code requirements. Also deleted are the chapters for commissioning and causing the code to apply to alterations of existing buildings.

Dallas also accepts approved third party plan review and inspection for its green building program.

The successful implementation of green building standards in Dallas has been widely heralded across the environmental industrial complex, including on the USGBC website. Although there are some minor rumblings that LEED certifiable versus actually submitting a project for LEED certification violates the terms of usage of the USGBC rating system.

Make no mistake, the new code remains controversial in broader real estate world, including across Texas, as mandating proprietary green building standards on private construction. However, allowing a developer the option of selecting among alternative compliance paths for achieving green building, here in Dallas, in Washington DC and Baltimore, may well portend the future of a sustainable built environment.

Article by Stuart Kaplow, appearing courtesy Green Building Law Update.

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About Author

Walter’s contributions to CleanTechies over the past 4 years have been instrumental in growing the publications social media channels via his ongoing editorial and data driven strategies. He is the founder and managing director of Sunflower Tax, a renewable energy tax and finance consultancy based in San Diego, California. Active in the San Diego clean technology community, participating in events sponsored by CleanTech San Diego, EcoTopics, and Cleantech Open San Diego, Walter has also been a presenter at numerous California Center for Sustainability (CCSE) programs. He currently serves as an adjunct professor at the University of San Diego School of Law where he teaches a course on energy taxation and policy.

2 Comments

  1. Not being a Millionaire, I sure am glad that I live in the OTHER Texas, (The poor extremely rural Texas west of the Pecos River). Out HERE, we don’t have to spend the yards of money to deal with such foolishness, just buy some remote unimproved land on a contract for deed, and build your part of the American Dream, while you live in your R.V. next to your house that YOU are building to run off affordable Chinese Solar Panels, and a home brewed Wind system. That’s what WE did.

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