11 States Where It’s Illegal To Collect Rainwater
When it comes to collecting rainwater, some states place no restrictions at all, allowing residents to freely collect and use rainwater as they see fit. Others not only permit rainwater collection but also offer incentives to encourage it.
However, some states impose strict regulations on collecting rainwater. These can range from collecting it, where it can be stored, and how it can be used. Many people might be surprised to learn that something as simple as collecting rainwater can be so heavily regulated. Since it’s a basic natural resource many find it appalling that there would be any restrictions on collecting rainwater.
Arkansas
In Arkansas, there are restrictions on rainwater collecting, which is permitted only for non-potable purposes. It’s ironic that in the “Natural State,” collecting one of nature’s most basic resources comes with limitations. The state allows rainwater collection, but it must not be used for drinking or other potable uses. Arkansas Code Annotated § 17-38-201 (2014), the State Board of Health “shall allow the use of a harvested rainwater system used for a non-potable purpose if the harvested rainwater system is: (1) designed by a professional engineer licensed in Arkansas; (2) is designed with appropriate cross-connection safeguards; and (3) complies with Arkansas Plumbing Code.”
Colorado
In Colorado, there are strict restrictions on rainwater collecting, though recent laws have relaxed some of these rules. Historically Colorado has been one of the most restrictive states. However, it passed two laws in 2009 that allowed residents to use rainwater for non-potable purposes. In 2016, House Bill 16-1005 further loosened restrictions, permitting residents to collect rainwater in two rain barrels with a combined capacity of 110 gallons, but the water must be used on the property for outdoor purposes only. The Colorado Division of Water Resources and Colorado State University offer guidelines and FAQs on rainwater collection, but strict limitations remain.
Georgia
In Georgia, there are restrictions on rainwater collecting. The state has specific rules pertaining to it. The Department of Natural Resources in the Environmental Protection Division oversees these regulations. According to the plumbing code, rainwater can be harvested legally as long as it’s only used for outdoor purposes. So, while you can collect rainwater technically, there are some restrictions.
Virginia
In Virginia, there are restrictions on collecting rainwater. Collecting rainwater is permitted but only for non-potable or outdoor uses. The state offers an income tax credit through the Alternative Water Supply Assistance Fund for those who install rainwater harvesting systems, thanks to Senate Bill 1416. Additionally, Virginia requires the creation of guidelines to encourage rainwater harvesting, aiming to ease the demand on water supply systems and promote conservation.
California
In California, there are restrictions on rainwater collecting, though it is legal under certain conditions. The Rainwater Capture Act of 2012 allows residential, commercial, and governmental landowners to install and operate rain barrel systems as long as they comply with the California State Water Resources Board requirements. Additionally, in 2018, California passed SB-558, which excludes property taxes from the new construction of rainwater collecting systems.
Nevada
In Nevada, there are restrictions on rainwater collecting, although it was made more accessible with the passing of NB74 in 2017. This bill allows for the collection of rainwater without the need to follow the “use it or lose it” doctrine, as long as certain conditions are met. Assembly Bill 138 specifies that rainwater can be collected without a water right or permit if it is gathered from an above-ground rooftop of a single-family dwelling, used for non-potable purposes, does not conflict with existing water rights, and the storage capacity is 20,000 gallons or less with a capture area of an acre or less. Additionally, Assembly Bill 198 mandates studies on water conservation, including rainwater collection, to explore alternative water sources for Nevada communities.
Ohio
In Ohio, there are restrictions on rainwater collecting, but it’s still allowed, even for drinking water. According to Ohio law, private water systems serving fewer than twenty-five people are regulated by the Ohio Department of Health. The department provides guidance for setting up rainwater harvesting systems. Additionally, the University of Toledo offers resources to help with rainwater collection.
Illinois
In Illinois, there are restrictions on rainwater collecting. The Green Infrastructure for Clean Water Act supports water conservation and management while promoting rainwater collecting. Additionally, House Bill 991 (2011) amended the Homeowners’ Solar Rights Act, requiring homeowners’ associations to adopt an energy policy within 120 days that addresses the location, design, and architectural requirements for rainwater collection systems.
Wisconsin
In Wisconsin, there are restrictions on rainwater collecting, which is legal only for non-potable outdoor uses. Residents do not need a permit as long as they adhere to specific guidelines: the collection tank must be stored above ground, the rainwater system must not be directly connected to the public water supply, and the water collected must be used solely for outdoor, non-drinking purposes. So, while rainwater collecting is allowed, it comes with limitations.
Washington
In Washington, there are restrictions on rainwater collecting. The state allows counties to reduce rates for stormwater control facilities by 10 percent or more if they utilize rainwater collecting, as per Wash. Rev. Code §36.89.080. Residents can collect rainwater without a permit as long as it’s used on the property where it was collected and is gathered from an existing rooftop. The Washington Department of Ecology further clarified that a water permit is not needed for rooftop rainwater collecting.
Utah
In Utah, there are restrictions on rainwater collecting. The state allows individuals to collect rainwater on land they own or lease. According to Senate Bill 32 (2010), those registered with the Division of Water Resources can store up to 2,500 gallons of rainwater, while unregistered individuals are limited to using two containers, each with a maximum capacity of 100 gallons. Rainwater collecting comes with strict storage limitations based on registration status.
Conclusion
What do you think about the fact that something as simple as collecting rainwater can be so heavily regulated? Are you surprised that some states have strict rules in place while others offer incentives or have no restrictions at all? What approach do you think states should take?