Why did the City develop a deconstruction ordinance?

In 2017, City Council issued a Council Consideration Request (CCR) that directed the Office of Historic Preservation to explore strategies to address community concerns surrounding demolition. A deconstruction ordinance was listed as mitigation strategy in the Climate Action and Adaptation Plan (2019). Additionally, deconstruction addresses many other intersecting City policy priorities, including waste reduction, public health, affordable housing, workforce development, and equity.

Since 2018, the Office of Historic Preservation has worked with a Deconstruction Advisory Committee, community stakeholders, and City Council to develop an ordinance that is specific to the unique conditions and needs of San Antonio.

What buildings will be affected by this ordinance?

The ordinance will be phased in incrementally in three phases.

Phase I: The following structures will be subject to the ordinance beginning October 1, 2022, if they are City-executed only (does not include private demolition requests):

• Small-scale residential structures (single family up to 4 attached units), plus garages and outbuildings, built prior to December 31, 1920, anywhere in the City limits; and

• Small-scale residential structures (single family up to 4 attached units), plus garages and outbuildings, built prior to December 31, 1945, if located within a Historic District, Neighborhood Conservation District, or designated as a local landmark (H, HS, HE, HL, or NCD zoning overlays).

Phase II: Beginning January 1, 2023, the ordinance expands to all demolition requests (City and private) that fall within the same parameters:

• Small-scale residential structures (single family up to 4 attached units), plus garages and outbuildings, built prior to December 31, 1920, anywhere in the City limits; and

• Small-scale residential structures (single family up to 4 attached units), plus garages and outbuildings, built prior to December 31, 1945, if located within a Historic District, Neighborhood Conservation District, or designated as a local landmark (H, HS, HE, HL, or NCD zoning overlays).

Phase III: Beginning January 1, 2025, the ordinance expands to all demolition requests (City and private) that fall within the following parameters:

• Small-scale residential structures (single family up to 8 attached units), plus garages and outbuildings, built prior to December 1, 1945, anywhere in the City limits; and

• Small-scale residential structures (single family up to 8 attached units), plus garage and outbuildings, built prior to December 1, 1960, if located within a Historic District, Neighborhood Conservation District, or designated as a local landmark (H, HS, HE, HL, or NCD zoning overlays).

Non-residential structures (commercial, industrial, etc.) are not subject to the ordinance requirements, but may be deconstructed voluntarily. Residential structures that do not fall within the parameters above can also be deconstructed voluntarily.

Documents are available at the links below.

• Deconstruction Ordinance (Chapter 12, Article II of San Antonio City Code)

• Draft Administrative Rules

• Draft amendments to the existing Demolition Information Bulletin

Is the deconstruction ordinance part of the 5-year Unified Development Code (UDC) update process?

No. The deconstruction ordinance is a separate effort.

I’m new to this discussion. Has the development of this policy been given careful thought?

Welcome, and yes! The proposed ordinance has been under discussion and deliberation for over four years, and was initially on the City’s radar as long as eight years ago. Public and community engagement began in 2018, including several open public input meetings, presentations to neighborhood associations, community events, and the creation of our project page. An earlier draft of the ordinance was proposed in early 2020, but the pandemic necessitated a pause on City Council’s consideration of new development policies.

During the pause, the City focused on developing a robust, interdisciplinary deconstruction program to ensure the ordinance would be successful when adoption could be reconsidered. This included: commissioning and publishing Treasure in the Walls, creating digital public resources for deconstruction and reuse, holding virtual presentations and engagement events, organizing deconstruction contractor training, expanding local workforce partnerships, establishing the Material Innovation Center, and meeting with interested individuals or stakeholder groups upon request.

The current ordinance is a collaborative effort between multiple City departments, City Council, the Deconstruction Advisory Committee, local experts, and a broad range of community stakeholders. We welcome your input on the proposed ordinance, but rest assured, it’s not the end of the discussion! As local reuse and circular economy opportunities expand in San Antonio, we’ll be engaging residents every step of the way. Sign up for our deconstruction listserv to be notified of upcoming opportunities.

Will the deconstruction ordinance result in more older or historic buildings being demolished?

No. Deconstruction is a demolition alternative, not a preservation alternative. This ordinance will not affect if a building comes down, but rather how a building comes down if approved for removal. The existing review procedures for full building removal will not be affected by this ordinance.

I heard that the cost to deconstruct is more expensive than demolishing. Does the City offer any assistance?

On an up-front basis, the cost to deconstruct may be more expensive than to demolish. This is due primarily to increased labor and time, as deconstruction is done largely with human labor over the course of several days or weeks. According to reports from our active contractors, the cost to deconstruct a typical house subject to the ordinance is, on average, $2-3k more than the cost to demolish.

However, deconstruction affords the opportunity to recoup costs on the back end, whereas demolition is an automatic sunk cost. Reclaimed materials have value, which can be sold to reuse stores, neighbors, etc., to offset costs. Additionally, qualifying materials can be donated to nonprofits, like Habitat for Humanity, for tax benefits. Please consult with your tax attorney for more information.

The City plans on offering small grants for those requiring financial assistance. Please email us for information.

Finally, if the structure is in repairable condition, the City offers a substantial rehabilitation property tax incentive. Please email our staff for more information on property tax benefits of rehabilitation.

Where is all of the reclaimed material going to go?

The deconstruction ordinance does not regulate where materials go. This is at the discretion of the property owner and their contractor. Materials may be kept on site, used in a new development, sold to contractors or neighbors, donated to organizations, etc.

However, if needed, materials may be donated to the Material Innovation Center.

I’m concerned about housing affordability. Can you explain how this policy might affect that?

There is no silver bullet to addressing the affordable housing crisis, but deconstruction and material reuse plays a critical role and is part of San Antonio’s Strategic Housing Implementation Plan (SHIP). Equitable access to building materials is essential for affordable housing efforts. By redirecting building materials for use in the community (instead of to the landfill), the amount within the local marketplace increases, improving material affordability and accessibility at scale.

A priority for San Antonio’s program is redirecting quality materials back into communities for reuse. Like an organ donor, a building may have reached the end of its life, but its parts and pieces could help extend the lives of dozens of other buildings.

Pre-1960 housing stock disproportionately provides affordable housing in San Antonio, but is also disproportionately vulnerable to demolition. Deferred maintenance contributes to accelerated deterioration. We know that the ability to perform home repairs with in-kind, affordable, accessible materials is one of the key factors in keeping people safe in their homes. We also know that a tremendous amount of useful building and construction materials fill up our landfills every year. This is an interconnected issue. With the high cost of new building materials, reclaiming existing materials for reuse is needed now more than ever.

Materials donated to the Material Innovation Center will generate a stockpile of quality reclaimed materials to be used in affordable housing repair and production, including City programs like REHABARAMA, the Shotgun House Initiative, and Minor Repair Program; properties identified through the Building Standards Board (BSB) and Historic and Design Review Commission (HDRC) review processes; and future innovative housing initiatives like the creation of a Salvage-to-ADU program. Donations help ensure that materials, particularly those perceived as liabilities and often cast aside by society, are instead respected and valued as assets for the community good.

Lastly, in San Antonio, small-scale housing stock is most commonly demolished for a more intensive, income-producing, market-rate development (i.e., 4+ units replacing a single family home). Rehabilitating existing affordable housing stock, instead of demolishing it, is the best way to retain affordability. In the absence of rehabilitation, deconstruction ensures that viable materials can be reused. Grants and direct assistance are available for cost-burdened individual property owners seeking to deconstruct.

What kind of permit do I need to take down my house if it is subject to the deconstruction ordinance?

Once the ordinance takes effect, you will need a demolition permit. No separate permit is required for deconstruction.

The ordinance will require the use of a Certified Deconstruction Contractor. Why?

Certified Deconstruction Contractors have been trained in safe and effective techniques for dismantling a structure. They are also accountable if they do not meet the deconstruction requirements.

Can I still apply for a demolition permit even if I don’t have a contractor selected for my building removal yet?

Yes, once the ordinance goes into effect, you can still apply for the demolition permit without a Certified Deconstruction Contractor; however, your permit will not be issued until one is selected and they have submitted a Pre-Deconstruction Form for the project.

Will the permit fee be more expensive for a deconstruction?

No. The fee for a demolition permit is fixed and how the building comes down does not change the price.

My house is in terrible condition and nothing is worth salvaging. Will I still need to have it deconstructed?

Your house may appear in poor condition (dated fixtures, peeling paint, foundation issues, etc.), but many materials can be salvaged, prepped, and resold or donated for reuse. In San Antonio specifically, there is a high demand for reclaimed building materials due to current supply chain issues and a high concentration of older building stock in need of repair or restoration. Additionally, the old-growth wood framing behind the walls is likely well preserved. If you think your house is completely unsalvageable due to damage, rot, or mold, you will be able to request an exemption from ordinance requirements.

I’m interested in watching past presentations given on this topic. Where can I find them?

The Office of Historic Preservation briefed City Council committees in 2019, 2020, and twice in 2022. The recordings are linked below.

August 1, 2022: Planning and Community Development Committee
February 8, 2022: Community Health, Environment and Culture Committee
June 1, 2020: Culture and Neighborhood Services Committee
September 9, 2019: Planning and Community Development Committee

Additional resources compiled throughout the development of the deconstruction ordinance, like case studies, presentation files, and news articles, can be found on this webpage.

I have a question that isn’t listed here. Whom should I contact?

No problem! Please reach out to Stephanie Phillips, Deconstruction and Circular Economy Program Manager, by emailing stephanie@sapreservation.com or calling (210) 207-7902.