Water Conservation Ordinance

The City of Durham Code, Article VI. Water Conservation

Sec. 23-163. Purpose and intent; statutory construction.

It is the purpose and intent of this article to assure that available water resources are put to reasonable beneficial uses to avoid depletion of the city water supply during a water shortage. This article shall be liberally construed to effectuate such purpose and intent. (Ord. No. 7028, 1, 7-28-86)

Sec. 23-164. Definitions.

The following terms, phrases, words and their derivation shall have the meaning given herein. The word "shall" is always mandatory and never directory.

1. City: The term "city" means the City of Durham, a North Carolina municipal corporation. 
2. Customer: The term "customer" refers to any person who is an owner, occupant, or user of real property to which water is supplied by the city. The term shall also refer to any person who uses water supplied by the city, or to any person who is billed for the supply of water from the city, or to any person who is responsible for or otherwise has the right or permission to utilize the supply of water provided by the city.
3. Person: The term "person" means any natural person, any group of persons, any firm, partnership, association, corporation, company, or any other organization or entity.
4. Water: The term "water" refers to all water, except wastewater, supplied by the city to any customer.
5. Water shortage: A "water shortage" shall be deemed to exist when the ordinary demands and requirements of water customers served by the city cannot be satisfied without depleting the water supply to or below a critical level, the level at which the continued availability of water for human consumption, sanitation and fire protection is jeopardized. (Ord. No 7028, 1 7-28-86)

Sec. 23-165. Response to Water Shortage

It shall be the duty of the director of environmental resources to report to the city manager conditions adversely affecting the city water supply that result in a water shortage. Upon receiving such report, and upon determining that water conservation measures are necessary to adequately address the water shortage, the manager may declare any stage of water conservation described herein to be in force. Except in the case of an unforeseen emergency, prior to the initial imposition of a water conservation stage, the city manager shall report to the City Council regarding the administration's intent to impose water conservation stages. Following such initial report to the City Council, the manager may impose such stage or stages of water conservation as may be deemed necessary to protect the city's water supplies. The imposition of each stage of water conservation shall be reported to the City Council as soon as possible following such imposition. The city manager or the City Council may terminate any stage of water conservation upon determining that it is no longer necessary. (Ord. No 7028, 1, 7-28-86, revised 12-03-01). 

Sec. 23-166. Violation of article prohibited; enforcement.

1. Violation. In the event that the manager shall declare one or more stages of water conservation as set forth herein, it shall be unlawful for any person to use or permit use of water supplied by the city in violation of any mandatory restrictions instituted.
2. Enforcement. It shall be the duty of the director of environmental resources to investigate violations of the mandatory restriction and issue orders consistent with the purpose and intent of this article. All customers shall cease any violation of the mandatory restrictions upon the order of the director of environmental resources. Any customer who violates any provision of the article, or who shall violate or fail to comply with any order made hereunder shall be subject to penalty or a combination of the penalties as follows:
1. Discontinuance of service. The city may discontinue water service to any structure(s) or parcel(s) when the director of environmental resources gives written notice of any violation of mandatory restrictions and intent to discontinue service. Water service shall be discontinued within twenty-four (24) hours unless the violation shall cease voluntarily.When service is discontinued pursuant to the provisions of this section, service shall not be reinstated unless and until the director of environmental resources determines that the risk to the city water supply has been alleviated.
   The customers shall have a right of appeal to the manager, upon serving written notice of appeal on the city manager within five (5) days after receiving notice of any violation and intent to discontinue service. The appellant will be notified by the city manager of the time and place for the hearing of the appeal. The manager shall act on the appeal as expeditiously as possible and shall notify the appellant in writing not later than two (2) days after the final decision.
   
2. Equitable relief. The provisions of this article may be enforced by an appropriate remedy, including a mandatory or prohibitory injunction, issuing from a court of competent jurisdiction.
3. Penalty not a substitute remedy. The imposition of one or more penalties for any violation shall not excuse any violation or permit it to continue. (Ord. No. 7028, 1, 7-28-86, revised 12-03-01)

Sec. 23-167. Water conservation stages; recommendations; mandatory measures.

Stage I - Continuing Voluntary Conservation Practices. Customers shall be encouraged to observe water conservation measures to reduce the wasting of water as follows:

1. Check plumbing and toilets for leaks annually, and if necessary repair.
2. Repair leaking faucets whenever they develop
3. Store drinking water in the refrigerator to avoid trying to run it cool at the tap.
4. Use shower for bathing purposes or reduce the depth of water used for tub baths. Limit showers to four (4) minutes where possible.
5. Refrain from running faucets while shaving, rinsing dishes or brushing teeth.
6. Install water flow restrictive devices in shower heads.
7. Install water-saving devices such as plastic bottles or commercial units in toilet tanks.
8. Wash full loads in clothes washers and dishwashers.
9. Review water uses and where feasible install recycle systems, particularly commercial and industrial customers.

Stage II. Voluntary Conservation. Customers shall be encouraged to observe the recommendations of Stage I and to increase the level of conservation effort as follows:

1. Limit the use of clothes washers and dishwashers, and when used, to operate fully loaded.
2. Reduce the flushing of toilets to the minimum whenever practical.
3. Limit lawn watering to only when grass shows signs of withering and apply water as slow as possible to achieve deep penetration.
4. Limit shrubbery watering to the minimum reusing household water when possible.
5. Limit car washing to the minimum.
6. Limit wash downs of outside areas such as sidewalks, patios, driveways, or other similar purposes.
7. Limit hours of operation of water-cooled air conditioners possible.
8. Use biodegradable disposable dishes and utensils, both for residential and commercial purposes, where feasible.

Please note that specific measures of the Water Conservation Ordinance may be made more stringent at the discretion of the city manager. Modifications were made to Stages III and IV of the ordinance on October 16, 2007, to further limit days and times when watering may take place. See the latest modifications of Stage IV on the water supply status page.

Stage III - Moderate Mandatory Conservation. Customers shall be encouraged to observe the recommendations of Stage I and II, and the level of the conservation effort shall be increased to require the following mandatory measures. No person shall:

1. Water lawns, grass, trees, shrubbery, flowers, golf greens or vegetable gardens except during the hours specified by the City Manager. Those hours shall, unless otherwise varied by the Manager, be between 5:00 am and 9:00 am OR 5:00 pm and 9:00 pm on Wednesdays and Saturdays. On each designated day, customers shall water during only one of the allowed periods. When adjustments are made by the Manager to the above times, they shall be published in the local newspapers of general circulation, and set forth on the City’s web site, where appropriate.
2. Introduce water into wading pools or swimming pools except to the extent necessary to replenish losses due to evaporation or spillage, and maintain operation of chemical feed equipment.
3. Use water to wash down outside areas such as sidewalks, patios, driveways, or for other similar purposes.
4. Introduce water into any decorative fountain, pool or pond except where the water is recycled.
5. Serve water in a restaurant or similar establishment except upon request.
6. Use water for any unnecessary purpose or intentionally waste water.
7. Wash the exterior of a motor vehicle except where a private well system is used, or where 50% or more of the water is recycled or where it can be demonstrated that 30 gallons of water or less are used to wash the vehicle.

Provided, however, any customer may secure a written license from the city manager or his designee to use water contrary to the Stage III mandatory conservation measures where it can be shown to the manager’s satisfaction that use of water pursuant to conditions prescribed by the city manager in the license will result in a thirty (30) percent of greater saving of water. Any license issued pursuant to this provision: (1) must be in the possession of the licensee whenever water is used contrary to the Stage III mandatory conservation measures; and (2) is subject to amendment or revocation by the city manager at any time for good cause.

All industrial, manufacturing and commercial enterprises shall reduce consumption with a goal reduction of at least 30%. Such enterprises shall document the specific efforts they have made to reduce consumption. (Ord. No. 7028, 1, 7-28-86, revised 2-4-02)

Please note that specific measures of the Water Conservation Ordinance may be made more stringent at the discretion of the city manager. Modifications were made to Stages III and IV of the ordinance on October 16, 2007, to further limit days and times when watering may take place. See the latest modifications of Stage IV on the water supply status page.

Stage IV - Severe Mandatory Conservation. Customers shall be encouraged to observe the conservation measures in Stages I and II and required to continue observing the mandatory requirements in Stage III except to the extent such mandatory requirements are modified by the restrictions regarding Stage IV conservation. The level of the conservation effort shall increase to require the following additional mandatory measures. No person shall:

1. Water or sprinkle any lawn, grass, trees, golf greens or flowers. Provided, however, that a person regularly engaged in the sale of plants shall be permitted to use water for irrigation of their commercial stock in trade, using the minimal amount for survival. State, County and City licensed landscape contractors may continue to water plantings which are under written warranty by hand-held hose, container or drip irrigation.
2. Water any vegetable garden or ornamental shrubs except by hand-held hose, container, or drip irrigation system, during hours specified by the City manager. Those hours shall, unless varied by the Manager, be between the hours of 5:00 am and 9:00 am OR 5:00 p.m. and 9:00 p.m. on Wednesdays and Saturdays. On each designated day, customers shall water during only one of the allowed periods. When adjustments are made by the Manager to the above times, they shall be published in local newspapers of general circulation, and set forth on the City’s website, where appropriate.
3. Fill any wading pool or swimming pool or replenish any filled pool except to the minimum essential for operation of chemical feed equipment.
4. Make nonessential use of water for commercial or public use.
5. Operate water-cooled air conditioners or other equipment that do not recycle cooling water, except when health and safety are adversely affected.
6. Wash any motor vehicle or other type of mobile equipment. Provided, however, that any person regularly engaged in the business of washing motor vehicles and any commercial car wash facility shall be permitted to use water for such purposes, when 50% water savings are documented.

Provided, however, any customer may secure a written license from the city manager or his designee to use water contrary to the Stage IV mandatory conservation measures where it can be shown to the manager’s satisfaction, and in the manager’s sole discretion, that use of water pursuant to conditions prescribed by the city manager in the license will result in a 50% or greater saving of water. Any license issued pursuant to this provision: (1) must be in the possession of the licensee whenever water is used contrary to the Stage IV mandatory conservation measures; and (2) is subject to amendment or revocation by the city manager at any time for good cause.

All industrial, manufacturing and commercial enterprises shall reduce consumption with a goal reduction of at least 50%. Such enterprises shall document the specific efforts they have made to reduce consumption. (Ord. No. 7028, 1, 7-28-86, revised 2-4-02)

Stage V - Stringent Mandatory Conservation. Customers shall be encouraged to observe the conservation measures in Stages I and II and required to continue observing the mandatory requirements in Stages III and IV. The level of the conservation effort shall increase to require the following additional mandatory measures. No person shall:

1. Use water outside a structure except in an emergency involving fire.
2. Operate evaporative air conditioning units which recycle water except during the operating hours of the business.
3. Use any swimming pool or wading pool.
4. Wash any motor vehicle, including commercial washing unless a private well is used.

In addition to the conservation measures enumerated above, customer shall use plates, glasses, cups and eating utensils that are disposable and biodegradable.

Stage VI - Rationing. Customers shall be encouraged to observe the conservation measures in Stages I and II and require to continue observing the mandatory requirements of Stages III, IV and V. The level of the conservation effort shall increase to require the following mandatory measures:

1. Fire protection will be maintained, but where possible, tank trucks shall use raw water.
2. All industrial uses of water shall be prohibited.
3. All other uses of water will be limited to those necessary to meet minimum health and safety needs of the customers as determined by the city manager upon consultation with the director of environmental resources in light of conditions present.

Failure to act in accordance therewith or use of water in any manner or attempt to evade or avoid water rationing restrictions, shall be unlawful. (Ord. No.7028, 1, 7-28-86)

Sec. 23-168. Scope and duration; effect of invalidity.

1. Scope and duration. Water conservation measures shall be applicable to all users of the system, including users located outside the city. Conservation measures shall be in force until they are terminated by the city manager or the City Council. Notice of conservation measures shall be broadly reported to the media, and shall, where feasible, be included on customers' utility bills.
2. Effect of invalidity. Should any section or provision of this article be declared by the courts to be unconstitutional or invalid such decision shall not affect the validity of this article as a whole or any part other than the part so held unconstitutional or invalid. (Ord. No. 7028, 1, 7-28-86)

Sec. 23-169. Reserved.

If you have questions regarding the Water Conservation Ordinance or about water conservation in general, please contact Conservation Program staff at (919) 560-4381. 

City of Durham North Carolina