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City of Heath enacts four-month moratorium on new residential, commercial development to save water

The city cited the water supply as the reason for the moratorium, after having multiple restrictions on water usage issued in recent months.

HEATH, Texas — The city of Heath enacted a 120-day moratorium on new commercial and residential developments on Tuesday following months of restrictions placed on water usage in the town. 

"The daily demand for water spurred by irrigation use has decreased, thanks to the cooler weather and recent rain," the city said in an online post. "However, work to conserve the water supply and identify additional water sources continues." 

The moratorium is in effect until March 14 next year, but may be extended. 

“I’m afraid that the original story on this was that we’re gonna [sic] stop all development and we’re all gonna die," Heath Mayor Kelson Elam told WFAA. “But we’re not using it to stop growth. We’re using it to stop vesting people in the old rules. We’ve got to get to the new rules as quick as we can.”

The moratorium temporarily stops some development to prevent public facilities shortages, like water service. The city said it was enacted to address water supply shortages that have been caused mainly by irrigation during recent droughts and extreme heat. 

Elam says Heath, with a 6-million gallon daily water limit provided via the city of Rockwall, hit that limit 22 times in just the last two years. 

During this pause, the city says it can develop and enact water-conscious ordinances relating to landscaping and irrigation. And when the moratorium is over, any new developments would be subject to new ordinances and land regulations.

“Currently, we don’t have a way to say what’s your water usage going to be. And we’ve got to get to that," Elam said. "That has to be part of the equation when you come in and say you want to build. Because we have to supply you water.”

However, the Dallas Builders Association sent a letter to Heath city leaders citing their opposition to the moratorium. 

"The Dallas Builders Association opposed the Heath moratorium because of the negative impact it has on the availability of needed housing at a time when the region continues to see growth, and because it limits the ability of landowners to experience the full opportunity of their investment," David Lehde, director of Government Affairs for the Dallas Builders Association told WFAA.  

"The moratorium is an open-ended action because there is no guarantee to the citizens that it won’t be extended at the end of 120 days," said Lehde. 

But, realizing that the city’s search for a second water source could take several years, the developer of the Heath Golf and Yacht Club, which has hundreds of homes under construction, says he's OK with the moratorium.

“I am not opposed to the 120-day moratorium, I may be one of the few people in the development business that feel that way right now," Rob Whittle said. 

"But here’s what I know. When there’s only two possible solutions in four months, if everybody sits down at the table together, we’ll get that answer," he said of finding new water sources and writing new water conservation rules.

Elam says 861 currently platted or under construction projects in the city of Heath, representing about eight years worth of permits, will not be impacted: construction will continue. Elam says there are no current commercial projects that will be affected.

For more information regarding the moratorium, visit the city's website here.

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