Rainwater Collection Laws by State

Basics of Rainwater Collection (State List Below!)

The first step is to determine the collection area. The collection area can be any flat or sloping surface that can catch rainwater such as rooftops or home-made funnels systems.

Pipes

Since gutters and downspouts are most commonly used, we’d recommend this for beginners. Use existing roof gutters to collect water then use downspouts that lead to a storage container. There are advanced options you could consider such as a “first-flush” system that diverts the first few gallons away from your cistern so that less airborne pollutants are collected. Consider adding multiple collection downspouts and cisterns/barrels to increase your collection.

Container

Choose a container to store the collected rainwater. The container should be made of a food-grade material such as plastic. There are pretty cheap (or free) containers if you search in online marketplaces (we found a 275 gallon tank that was used to hold sucrose syrup). It should have a tight-fitting lid to prevent debris and insects from entering.

Consider installing your cistern/barrel on an elevated platform to improve water pressure. You can also add a pump so that you can elevate the waterflow up to a sink or shower. They’re fairly cheap; we used both a 1.5gpm and 7gpm pump and found 1.5 was all we needed. We also hooked ours to a propane water heater. It is powered by a bank of marine deepcycle batteries.

Filter

Install a filter at the downspout to prevent leaves, debris, and other contaminants from entering the storage container. Plumbing experience is helpful, but if you’re just looking to collect non-potable water (like for your garden) then really anything will work if you can divert water into your container. Clean out your rain barrel or cistern regularly to prevent debris and insects from accumulating. A bleach additive or irritator may help prevent residue build up and increase the longevity of your water.

Install an overflow system to divert excess water away from the storage container in case of heavy rainfall or infrequent usage.

Use the collected water for non-potable purposes such as watering plants, washing cars, or flushing toilets. Add a filter beyond the outlet if you plan on drinking the water. Or simply filter it yourself, then boil it or treat it with purification additives. Depending on your system, you may be able to drink it even after a rudimentary filtration.

For a more detailed approach to making your own rainwater collection system, see this article.

State by State List

Below is a compilation of laws, regulations, and restrictions on citizens’ ability to collect and store rainwater for gardening, irrigation, and consumption.

This is by no means an exhaustive guide. The onus is on the individual to conduct their own thorough research for their area and intent. We’ve focused on state level guidance, but local districts may impose their own regulations. If you’re planning or already practicing rainwater collection, it might help to further your research.

Alabama

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map/

Alaska

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

Arizona

Regulated: Yes. Check county regulations. Some incentives may be offered to residents.
Restrictions: Some building restrictions apply to new construction. Check local regulations for specific information.
Permit required: Some counties require certifications for installations.
Quantity: Check local regulations
Reference: https://new.azwater.gov/conservation/landscaping

Arkansas

Regulated: Yes
Restrictions: 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: (1) Is designed by a professional engineer licensed in Arkansas; (2) Is designed with appropriate cross-connection safeguards; and (3) Complies with the Arkansas Plumbing Code.
Permit required: Yes
Quantity: N/A
Reference: https://law.justia.com/codes/arkansas/2017/title-17/subtitle-2/chapter-38/subchapter-2/section-17-38-201/

California

Regulated: Yes.
Restrictions: Varies by use case.
Permit required: At the state level, no. But check by county.
Quantity: The state level does not regulate a quantity. Check county rules.
Reference: https://bayareaanswers.com/is-it-illegal-to-collect-rainwater-in-california/
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=WAT&division=6.&title=&part=2.4.&chapter=&article=
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201120120AB1750

Colorado

Regulated: Yes
Restrictions: Yes
Permit required:
Quantity: 110 gallons for outdoor use only. A residence that relies on a well may collect an unlimited amount for indoor/outdoor use.
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

Connecticut

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

Delaware

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

Florida

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

Georgia

Regulated: Yes
Restrictions: Regulations are in place allowing rainwater harvesting; however, no specific technical resources or incentives are provided
Permit required: N/A
Quantity: The state level does not regulate a quantity. Check county rules.
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

Hawaii

Regulated: Yes
Restrictions: Check local guidance
Permit required: N/A
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

Idaho

Regulated: Yes
Restrictions: Regulations are in place allowing rainwater harvesting; however, no specific technical resources or incentives are provided
Permit required: Yes
Quantity: N/A
Reference: https://www.harvesth2o.com/adobe_files/Idaho_Ltr%20Sen%20Schroeder%20081108.pdf

Illinois

Regulated: Yes
Restrictions: Requires rainwater harvesting collection systems and rainwater harvesting distribution systems to be (A) used only for non-potable uses and (B) constructed in accordance with the Illinois Plumbing Code. Defines “rainwater harvesting collection system” and “rainwater harvesting distribution system”
Permit required: Check local guidance.
Quantity: Rain barrels/cisterns containing more than 55 gallons must have proper structural foundations.
Reference:https://www.chicago.gov/content/dam/city/depts/water/general/Engineering/SewerConstStormReq/2016StormwaterRegulations.pdf

Indiana

Regulated: No
Restrictions: No statewide rainwater harvesting regulations; check county for local incentives
Permit required: Check local guidance
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

Iowa

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

Kansas

Regulated: Yes
Restrictions: Yes
Permit required: Yes, check local regulations
Quantity: Check local regulations
Reference: https://agriculture.ks.gov/divisions-programs/dwr/water-appropriation/water-law-basics

Kentucky

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

Louisiana

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

Maine

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

Maryland

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

Massachusetts

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

Michigan

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

Minnesota

Regulated: Yes
Restrictions: Regulated through the Minnesota Plumbing Board, which requires permitting and code compliance; check for local incentives
Permit required: Check local guidance
Quantity: n/a
Reference: https://stormwater.pca.state.mn.us/index.php/Design_criteria_for_stormwater_and_rainwater_harvest_and_use/reuse#Identify_required_permits_and_applicable_codes

Mississippi

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

Missouri

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

Montana

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

Nebraska

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

Nevada

Regulated: No
Restrictions: Check county requirements
Permit required: Check county requirements
Quantity: 20,000 gallons
Reference: https://www.leg.state.nv.us/NRS/NRS-533.html#NRS533Sec070

New Hampshire

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

New Jersey

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

New Mexico

Regulated: Yes
Restrictions: Yes. Outdoor use, no regulations. Indoor, check county requirements
Permit required: Check county requirements
Quantity: Check county requirements
Reference: https://www.ose.state.nm.us//WUC/wuc_rainHarvesting.php

New York

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

North Carolina

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

North Dakota

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

Ohio

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: http://codes.ohio.gov/orc/3701.344

Oklahoma

Regulated: Yes
Restrictions: Check local guidance
Permit required: Check local guidance
Quantity: Check local guidance
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

Oregon

Regulated: Yes.
Restrictions: Location/use dependent
Permit required: Check local/use
Quantity: Check with county regulations.
Reference: https://www.oregon.gov/bcd/documents/brochures/3660.pdf
https://www.oregon.gov/bcd/codes-stand/Pages/plumbing.aspx

Pennsylvania

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

Rhode Island

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

South Carolina

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference:
https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

South Dakota

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: none

Tennessee

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

Texas

Regulated: Yes
Restrictions: Plans for new home construction require permitting if rainwater harvesting is to be used.
Permit required: No
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

Utah

Regulated: Yes
Restrictions: Yes
Permit required: <100 gallons, No. Anything over, yes.
Quantity: 2,500 gallons
Reference: https://www.waterrights.utah.gov/forms/rainwater.asp

Vermont

Regulated: Yes
Restrictions: Check local guidance
Permit required: Check local guidance
Quantity: Check local guidance.
Reference:https://dec.vermont.gov/sites/dec/files/documents/VermontStormwaterManagementManualRule_Ch36_2017_Final_2016-12-20.pdf

Virginia

Regulated: Yes
Restrictions: Check local guidance
Permit required: Check local guidance
Quantity: Check local guidance.
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

Washington

Regulated: Yes. However, the state may offer stormwater fee incentives for the collection of rainwater.
Restrictions: Varies based on local/use.
Permit required: For specific applications, and county by county basis.
Quantity: Varies depending on use case.
Reference: https://ecology.wa.gov/Water-Shorelines/Water-supply/Water-recovery-solutions/Rainwater-collection

West Virginia

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

Wisconsin

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map

Wyoming

Regulated: No
Restrictions: No
Permit required: No
Quantity: N/A
Reference: https://www.energy.gov/eere/femp/rainwater-harvesting-regulations-map
Sources (other): https://watershedcommittee.org/wp-content/uploads/2013/06/Rainwater-Manual.pdf | https://new.azwater.gov/sites/default/files/media/Harvesting%20Rainwater_0.pdf


This article was originally written by the Grayman Briefing. Stay in the know, sign up for Intel and Situational Awareness alerts pushed to your phone on emerging threats and preparedness warnings. Click HERE to subscribe to the Grayman Briefing.

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