THE HOME BUILDER
March 2026
Page Two
David Lehde Director of Government Affairs Advocacy Successes, a Rule of Thumb and a Busy Election Season Dallas BA and building community working with cities to keep fees fair. The HomeFront Government Affairs News and Info
As municipalities update city fee structures and ordinances, par- ticularly in light of recent state statutes, the Dallas BA con- tinues to monitor changes to keep our membership informed. Recent benefits of regulatory out - reach have been seen in the form of needed clarification of the ap - plication and reversal of newly implemented and planned fees. In Van Alstyne, builders had re- ceived notice of new tap fees. There was concern, howev- er, regarding those fees be- ing assessed on subdivisions in which the tap has already been provided by the developer. The Dallas Builders Associa- tion, along with member builders, reached out to the city regard- ing our concerns. After consider- ation, the city revisited the issue and determined the fees will not be applicable to subdivisions in which developers have provided the tap. The reversal reduces the costs to some builders by more than $5,000 per home. This follows Dallas BA’s recent advocacy in Prosper regarding the town’s newly implement- ed stormwater management fees which included an auto- matically triggered re-inspec- tion fees at notice of warning. Typically, when a warning is is- sued, builders are given appro- priate time to make corrections.
intent being to help avoid delays in approval. The update also has minor changes to seek more rea- sonable data in transportation in- frastructure analysis submittals. The Rule of Thumb for Fees As builders and developers face a challenging market, it is important to keep an eye out for any regu- latory items that add costs. One concern we frequently hear is re- lated to the implementation of fees and how to ensure they are fair. Over a long history, the State of Texas has developed laws, whether it be via the legislative or legal process, which provide fair- ness in the application of fees. For homebuilding, it is regulatory fees that take center stage. Gen- erally speaking, when fees are in excess of the amount needed for the regulation, they can be referred to as unauthorized occupation taxes by the courts. Additionally, Article VIII, Section 2 of the Texas Constitution includes language regarding “occupation taxes”. Generally speaking, the fees must bear a reasonable relationship to the cost of providing the service. They cannot generate revenue in excess of what the entity needs to operate the service, regula- tion, or program. Fees must serve a public purpose and should not fund unrelated activities. As with anything regulatory, should members have any ques- tions or concerns, please contact the Dallas BA Director of Govern- ment Affairs. Election Season Is Far From Over If you have a tv, radio, phone, mailbox, have driven past a fence line, …received a carrier pigeon, you are likely aware that 2026 is an election year.
March 3, this year’s primary elec- tion day, will not likely be the final word on the primary season, as some races could go to runoffs. Regardless of the primary out- comes, there will still be elec- tions that require your attention this spring as council seats in key cities across the Dallas BA ser- vice area will be up for the May 2 municipal general elections. Early voting for those ballots be- gins on April 20. From Denton to Waxahachie, Westlake to Green- ville, Seagoville to Celina, be- tween and beyond, town citizens will be casting their decision for who will make the decisions. If necessary, primary runoffs will conclude on May 26. It all comes to a dramatic finish dur - ing the November 3 general election when Texans cast their vote on seats ranging from coun- ty commissioner to Governor. Dallas BA will post updates throughout this election year. For what’s on the ballot in your city and county, you can visit your local municipal and county elections website. You can also visit VoteTexas.gov. “A popular Government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps both.” - James Madison
This is especially important be- cause storm or wind events can impact the tools and practices required for compliance with best management practices. Builders, whether through in-house teams or contracted services, regularly monitor and address these is- sues. Historically, similar ordi- nances have not assessed addi- tional fees at the notice of warning stage, as the issue has not yet escalated to a notice of violation. Dallas BA contacted town staff and shared feedback from the build- ing community, the town agreed that a reinspection fee was not appropriate at notice of warning. Dallas BA appreciates both the City of Van Alstyne and Town of Prosper for working with the home building community to seek bal- ance as we all work to provide needed attainable housing. Denton Updates Design Cri- teria Manual The City of Denton recently ap- proved updates to its design cri- teria manual for development. Included is a stormwater man- agement facilities agreement that formalizes what has often been required of developers in previous agreements. Developers should be aware of these updates. Also included in the update is lan- guage allowing the city manager to authorize the agreements. The
Donate to HOMEPAC of Greater Dallas HERE
METROPLEX DESIGN SOURCE FOR EXCITING, INNOVATIVE RESIDENTIAL PLANS 972-783-4660
Made with FlippingBook - Online Brochure Maker