Barriers to Green Building in Residential Subdivisions J

Barriers to Green Building in Residential Subdivisions J. Cliff Mc. Kinney, LEED® AP Quattlebaum, Grooms, Tull & Burrow PLLC 111 Center Street, Suite 1900 Little Rock, Arkansas 72201 501 -379 -1725 cmckinney@qgtb. com

Restrictive Covenants—An Overview Most neighborhoods have a governing document controlling development and aesthetic standards for the subdivision. These restrictions are commonly called a “Bill of Assurances” in Arkansas

Aesthetic Controls Many Bills of Assurance contain restrictions intended to make the neighborhood architecturally harmonious and aesthetically attractive. Often an “Architectural Control Committee” (ACC) is established to approve the appearance of buildings in the neighborhood.

Covenants Against Going Green Many Bills of Assurance and ACCs restrict or prohibit structures that are environmentally-friendly but are perceived as “ugly”.

Ugly, but Green Solar panels Wind turbines Geothermal Rain Harvesters Grey water treatment Composting Xeriscaping Clotheslines White roofs

Pretty, but Not Green Ornamental trees Ornamental shrubs Invasive species ◦ Bradford Pear ◦ Mimosa

Other Barriers Design guidelines so restrictive as to prevent major building innovations such as foam insulation

State Responses 13 states have statutes to prevent Covenants Against Going Green ◦ Arizona ◦ California ◦ Colorado ◦ Florida ◦ Hawaii ◦ Indiana ◦ Iowa ◦ Maryland ◦ Massachusetts ◦ Nevada ◦ Utah ◦ Virginia ◦ Wisconsin

Issues to Consider What ◦ ◦ ◦ ◦ ◦ should be included? Solar? Wind? Geothermal? Clotheslines? Rain Harvesters? Grey Water? Composting? Xeriscaping? Ornamentals?

Issues to Consider Should there be exceptions? ◦ Grandfather existing bills of assurance? ◦ Exclude historic districts?

Issues to Consider Should there be some restrictions? ◦ Permit reasonable placement restrictions? ◦ Permit screening that does not substantially interfere with effectiveness? ◦ Height restrictions? ◦ Setbacks? ◦ Noise considerations for certain mechanical applications? Tie noise limits to typical decibels emitted from air conditioners?

Issues to Consider Should the restrictions apply to the government? ◦ Application to city ordinances?

Questions? J. Cliff Mc. Kinney, LEED® AP Quattlebaum, Grooms, Tull & Burrow PLLC 111 Center Street, Suite 1900 Little Rock, Arkansas 72201 501 -379 -1725 cmckinney@qgtb. com