Flower Mound council adopts limited rule for EV chargers, directs staff to work with developer on exceptions

The Flower Mound Town Council voted unanimously to adopt a local fire- and building-code amendment that, as drafted, limits electric-vehicle charging stations in parking structures to the ground (first) floor and bars chargers below grade.

Chief Henley, the town's fire chief, told the council the measure responds to an increase in EV fires and the particular hazard posed by battery thermal runaway. “Our conventional methods of suppression and smothering and all those things, they don't work with an EV,” Chief Henley said, describing sustained high temperatures and hazards for first responders.

Council members and staff emphasized the amendment follows emerging regional guidance from the North Central Texas Council of Governments (COG) and aims to reduce risk to firefighters and to structures. The chief and the town’s fire marshal described a menu of mitigation measures in the draft ordinance — bollards, signage, minimum distances from fire lanes, requirements for certified collision inspection after accidents, and setbacks from fire access — and said some towns are adopting similar language. Chief Henley also highlighted that some EV incidents are difficult to extinguish and can require full submersion or days of cooling to ensure they do not reignite.

Developer representatives from Realty Capital, speaking through Kyle Cooper, urged exceptions or grandfathering for existing projects that were permitted under prior codes and already show rough-ins for chargers on multiple garage levels. “Limiting to the ground floor severely limits a sense of security for residents,” Cooper said, adding that some completed or permitted buildings in Lakeside Village rely on more secure upper-level parking. Cooper asked the council to allow flexibility for specific, previously permitted properties while ensuring public safety for future projects.

Council members balanced those concerns. Several members said they were reluctant to delay adoption because other developers might request permits under the current rules before a new standard is in place. The council’s final action adopted the amendment “as presented” but the council directed staff to continue negotiations with Realty Capital and the fire department on objective criteria for limited exceptions or a grandfathering process that could apply equally to similarly situated properties. Staff indicated enforcement could be suspended during those discussions to allow a negotiated solution for affected, previously permitted buildings.

The council's adoption included specific technical choices discussed during the meeting: the town's language increases some distance requirements compared with COG guidance (the council referenced a 200-foot fire-access distance in local drafts versus a 150-foot distance noted in the regional proposal), requires access on all four sides for ground-floor chargers, and disallows chargers below grade. The chief and staff raised concerns about runoff and hazardous wastewater if batteries are cooled with water; they said containment and professional remediation would be required and that such systems can be large, costly and may trigger Texas Commission on Environmental Quality oversight.

The council voted unanimously to adopt the amendment (consent agenda item 2). Council members said the decision preserves a path to a narrowly tailored solution for existing, permitted projects while placing tighter rules on future parking-structure installations.

Council and staff next steps include drafting objective exception criteria to be administered by the fire department or authority having jurisdiction and continuing direct talks with Realty Capital and the affected property owners. Any subsequent amendment or grandfathering policy will return to council for formal action.