THE HOME BUILDER
June 2024
Page Two
The HomeFront Government Affairs News and Info
David Lehde Director of Government Affairs
Summer Advocacy Is Heating Up
monitor local government entities in our service area regarding ordinances that may not be in line with state statutes. One that routinely pops up is the prohibition against government entities adopting or enforcing a rule, charter provision, ordinance, order, building code or other regulation that directly or indirectly prohibits or limits the use or installation of a product, material or standard permitted in the last three code cycles. This includes building exterior materials. I am, of course, referring to what is known as HB 2439 from the 86th legislative ses- sion. It provided for statutory language in Chapter 3000, under Title 10 of the Government Code. While there are some exceptions under the law, they are not as broad as some seem to think. Members who are building in the Dallas BA service area and have questions about a material requirement being imposed on their project are encouraged to contact the Dallas BA. The Association will be taking our concerns about the impact federal regulation can have on housing afford - ability this month. As part of NAHB’s national legislative conference, a team of Dallas BA staff and members will be meeting with members of the U.S. House of Representatives whose dis-
code amendments are expected to go before the CPC sometime this summer. At some point after the parking code amendments, the CPC will likely hear the proposal for an impervious coverage amendment. The item has had some presentations to the Zon- ing Ordinance Advisory Committee, and Dallas BA, along with fellow stakeholders, have met with city staff to discuss initial concerns. Currently, the proposal targets a 40% maximum impervious coverage limit on the front yard of single-family homes. This could disproportionately impact smaller lots in areas of the city that already face development challenges. Developers and builders should pay close attention to this process, as it can show up in other cities. In May, following the post- election seating of a new council member, the Denton City Council was briefed, again, on the proposed and long discussed roadway impact fees. After hearing from the Dallas BA, and others, council members again gave city staff instructions for the drafting of the rate for the fees per unit. For residential, the majority instruction matched what was given in December of 2023 under the previous City Council. That is to set the fee at 20% of the maximum accessible fee allowed. The final decision will come during the public hearing, which will likely occur in July. The roadway impact fee will be followed by likely increases to the city’s water and wastewater impact fees. This is a fact that the City Council has recognized as it is concerned about housing affordability. With housing affordability in mind, Dallas BA is continuing to
From Dallas to D.C., government policy affecting housing remains a concern. The City of Dallas City Plan Commission (CPC) held its first public hearing on Forward Dallas, the city’s draft update for its comprehensive land use plan, on May 9. This is just one of many steps as the city’s long discussed guiding vision for land use and development moves through the review process. The Forward Dallas plan makes use of “placetype” categories that are proposed for updates to respond to land use concerns such as land use compat- ibilities, housing access, challenged single-use commercial corridors and community concerns related to devel- opment patterns. While the document is a guide, and is not Dallas’ actual development code, it does give an idea of how the city views addressing those ordi- nances, and needed housing, in future. Forward Dallas is also the first item in a fluid timeline of policies the city is looking to address that have an impact on home building, both single- family and multifamily. Dallas intends to bring its pro- posed parking code amendments to the CPC after a possible decision is ren- dered on the Forward Dallas plan. The proposal was presented to the CPC’s Zoning Ordinance Advisory Commit- tee in January. While the purpose is to address the fact that the City of Dallas is overparked, an issue that does im- pact the ability to provide needed hous- ing and other development, Dallas BA is concerned about related caveats that could impose unneeded requirements on both multifamily and single-family developments. Currently, the parking
tricts are in our Association’s service area. The meetings, held in Washing- ton, D.C., are timely due to a recently enacted regulation. The Administration recently is- sued a final determination under the U.S Department of Housing and Urban Development (HUD) and the U.S. Department of Agriculture (USDA) that will require all HUD and USDA financed new single-family con- structed housing to be built to the 2021 International Energy Conservation Code and HUD financed multifamily housing to be built to the 2021 IECC or ASHRAE 90.1-2019. This rammed through mandate will have a negative impact on housing affordability while doing little to affect energy usage. Sensible energy codes, along with workforce needs, electrical transformer supply, and overall hous- ing affordability will be on deck when Dallas BA visits with our leaders on the Hill this month. Dallas BA members should save Sept. 4 on their calendars. That is the date for our HOMEPAC Shootout. The clay shoot benefits our issues fund and HOMEPAC of Greater Dallas, both important advocacy tools. Contact the Director of Government Affairs and stay tuned to the Association’s website for more information.
The Home Builder is published monthly by the Dallas Builders Association at 5816 W. Plano Pkwy., Plano, Texas 75093. Telephone 972-931-4840. BARCIE VILCHES, Editor
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