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INFORMAL REPORT TO CITY COUNCIL MEMBERS
SUBJECT: PROPOSED UPDATES TO FORT WORTH CITY CODE, CHAPTER 12.5,
"ENVIRONMENTAL PROTECTION AND COMPLIANCE" - CODY WHITTENBURG,
ENVIRONMENTAL SERVICES DIRECTOR
DATE: 08/25/26 NUMBER: IR 26-0109
TO THE MAYOR AND MEMBERS OF THE CITY COUNCIL
The purpose of this Informal Report is to provide the City Council with a summary of
proposed text amendments to Fort Worth City Code Chapter 12.5 Environmental Protection
and Compliance set for consideration on the September 29, 2026, agenda.
Discussion
Over the past year, staff have conducted a comprehensive review of Chapter 12.5. Review
included staff from the Environmental Services Department, Water Department,
Transportation and Public Works Department, Development Services Department, and the
City Attorney's Office. The proposed text amendments are summarized below, as follows:
Article I Administration and Enforcement
Proposed changes will reorganize definitions which apply to one article in Chapter 12.5,
update references to City departments and the authority they have for each applicable
division or article within Chapter 12.5 and clarify the judicial remedies and penalties for
committing an offense under Chapter 12.5. References to defunct state agencies and other
entities are also being updated throughout Chapter 12.5 as needed.
Article III Stormwater Protection
Proposed changes will remove redundant definitions, update the City's address for notice
purposes to 100 Fort Worth Trail, and clarify that Transportation & Public Works (Stormwater
Management) is the authority for enforcing stormwater utility services under Article III,
Division 4.
Article IV Groundwater and Surface Water Quality
Proposed changes will update the Municipal Setting Designation (MSD) application process
including timeline extensions for the City to hold public comment and public hearings,
updating the format of the application to be electronic, allow the City to provide electronic
recording of meetings instead of by cassette tape, and require application submittal to the
City Secretary, as required by law, for the City Secretary to publish notice of MSD
applications on the City's website.
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Article V Public Drinking Water
Proposed changes will update and clarify text regarding backflow prevention control
requirements. Changes incorporate the existing statewide licensing requirements. Text
amendments will authorize the City to delegate the registration process for licensed
backflow prevention assembly testers to be utilized by a third -party vendor as is the City's
current practice, extend authority to suspend registrations or permitting privileges for
backflow assembly inspectors.
Article VI Industrial Wastewater
Proposed changes will amend definitions, clarify compliance reporting responsibilities for
industrial users, and revise discharge limits for industrial users discharging wastewater to
the Village Creek Water Reclamation Facility, Trinity River Authority (TRA) Central Regional
Wastewater Treatment System, and the TRA Denton Creek Regional Wastewater System.
Article VIII Solid Waste and Recycling
Proposed changes will update acceptable recyclable materials and materials prohibited
from being included with recyclable materials, remove obsolete yard waste collection
language, clarify Environmental Protection Fee rate structures, and update enforcement
provisions for Grant of Privilege haulers.
Article IX Fill Material
Proposed changes will clarify that a permit is needed to place fill material and clarify fill
material regulations applying to areas associated with construction site activities and
storage limitations. Excess fill material stockpiles must be removed within 30 days of project
completion or construction permit expiration. Text amendments propose a permit to be
issued for fill material sites and align the fill material permit requirements with grading
permit requirements.
For questions regarding this information, please contact Cody Whittenburg, Environmental
Services Director at 817-392-5455.
Jesus "Jay" Chapa
City Manager
ISSUED BY THE CITY MANAGER
FORT WORTH, TEXAS
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