some states currently have restrictions on how much rainwater can be harvested and how it is collected; however, it is not entirely illegal to collect rainwater in any of the 50 states. some of these restrictions believe that harvesting would disrupt the natural flow of rain into streams and bodies of water on land. According to a study in the journal Scientific World, the amount of rainwater collected by individual households would have little or no effect on the hydrological cycle, especially since homeowners would use this water for their patios or gardens to return to the ground.
In western states, there are restrictions because old water laws stated that all rainfall belonged to existing water rights owners. these laws were known as pre-appropriation laws or “first come, first served” laws for settlers in the old west. Rainwater harvesting poses a health concern, as some of the water may be unsafe and unsuitable for potable (ie drinking) purposes. this is something that legislators should take into account.
rainwater harvesting laws by state
alabama
Rainwater harvesting is considered a private property right. There is no current regulation for rainwater harvesting.
alaska
Rainwater harvesting is not restricted as it is the main source of water for many residents. groundwater harvesting is regulated and can be purchased as a water right.
arizona
Rainwater harvesting is legal. Bill 2830 allows cities and towns to establish a fund for rainwater harvesting systems.
arkansas
Rainwater harvesting is allowed with some minor restrictions. Arkansas Annotated Rainwater Code § 17-38-201 states that collected rainwater may be used for non-potable purposes if the collection system is designed by an Arkansas licensed professional engineer, is designed with protections from proper cross connection and meets arkansas plumbing code.
california
The Rainwater Capture Act of 2012 provides that residential, commercial, and government landowners may install, maintain, and operate stormwater capture systems for specific purposes.
red
Under House Bill 16-1005, residents can collect rainwater in two rain barrels with a combined capacity of 110 gallons. the collected water can only be used on the property where it was collected and for outdoor purposes.
connecticut
There are no restrictions on rainwater harvesting, and citizens of the state are encouraged to collect rainwater.
del
There are no restrictions on rainwater harvesting. Delaware sponsors incentive programs that encourage rainwater harvesting.
florida
There are no restrictions on rainwater harvesting in Florida, and the state strongly encourages it. several local municipalities encourage rainwater harvesting with tax incentives and rebate programs.
georgia
Rainwater harvesting should only be used for outdoor purposes and is strictly regulated by the Department of Natural Resources in the Environmental Protection Division.
hawaii
There are no restrictions on rainwater harvesting, and rainwater harvesting is strongly encouraged.
idaho
Residents can capture rainwater and diffuse surface water on their property, as long as it does not impair the existing water rights of others and is not rainwater that has entered natural waterways.
illinois
Rainwater harvesting is highly regulated in Illinois. The Plumbing and Rainwater Systems Bill SB0038 states that harvested rainwater may only be used for non-potable purposes, and rainwater harvesting systems must be built in accordance with the Illinois Plumbing Code.
indiana
There are no restrictions or regulations on rainwater harvesting, and the state strongly encourages it.
iowa
There are no restrictions or regulations for rainwater harvesting.
kansas
Rainwater harvesting is legal and no permit is needed if the water is used for domestic purposes, such as domestic use, watering livestock on pasture, or for lawns and gardens.
kentucky
There are no restrictions or regulations for rainwater harvesting.
Louisiana
Rainwater harvesting is legal, but state statutes require covers for large collection tanks (cisterns).
main
There are no restrictions or regulations for rainwater harvesting.
maryland
There are no restrictions or regulations for rainwater harvesting. some counties offer incentives for rainwater harvesting.
massachusetts
Rainwater harvesting is legal and recommended.
michigan
Rainwater harvesting is legal and recommended.
minnesota
Rainwater harvesting is legal and recommended.
mississippi
Rainwater harvesting is legal.
missouri
Rainwater harvesting is legal and recommended.
mountain
Rainwater harvesting is legal and recommended.
nebraska
Rainwater harvesting is legal and is promoted by several state universities.
snowfall
nb74 allows rainwater harvesting under a water right concession, which must be used for its intended purpose or risk being revoked. Assembly Bill 198 states that the Legislative Committee on Public Lands will review alternative water sources, including rainwater harvesting.
new hampshire
Rainwater harvesting is legal and recommended.
new jersey
Rainwater harvesting is legal. Assembly Bill 2442 requires the Department of Environmental Protection to establish a capture, control, and conservation rewards reimbursement program for property owners who use eligible techniques on their properties.
new mexico
Rainwater harvesting is legal and recommended.
new york
Rainwater harvesting is legal, encouraged and taught in New York.
north carolina
Rainwater harvesting is legal, with two laws regulating it. House Bill 609 states that the Department of Environment and Natural Resources will provide statewide assistance and ensure best practices for water reuse and rainwater harvesting. Senate Bill 163 recognizes the benefit of harvesting rainwater for the state’s future water supply.
north dakota
Rainwater harvesting is legal and recommended.
ohio
Rainwater harvesting is legal for both nonpotable and potable uses, as long as the water system provides drinking water to fewer than 25 people (Ohio Rev. Code §3701.344).
oklahoma
Rainwater harvesting is legal. The Water Law for 2060 initiates subsidies for water conservation projects, such as campaigns to collect rainwater.
oregon
Rainwater harvesting is legal, but rainwater can only be collected from systems on roof surfaces.
pennsylvania
Rainwater harvesting is legal and recommended.
rhode island
Rainwater harvesting is legal and citizens receive incentives for harvesting. Bill 7070 grants a tax credit for 10% of the cost of installing a cistern to individuals or companies that do so.
south carolina
Rainwater harvesting is legal and recommended.
south dakota
Rainwater harvesting is legal.
tennessee
Enactment of Senate Bill 2417/House Bill 1850 allows for green infrastructure practices, legalizing rainwater harvesting.
texas
Rainwater harvesting is legal with some regulations. House Bill 3391 states that the collection system must be incorporated into the building design and written notice must be given to the municipality.
utah
Collected rainwater is allowed on land owned or leased by the person responsible for the collection. Under Senate Bill 32, there are additional regulations depending on whether a person is registered with the Division of Water Resources or not. a registered person may not store more than 2,500 gallons of rainwater and an unregistered person may not use more than two containers of 100 gallons or less per container.
vermont
Rainwater harvesting is legal.
virginia
Senate Bill 1416 grants an income tax credit to citizens who install rainwater harvesting systems. virginia code §32.1-248.2 states that the department of state, in conjunction with the department of environmental quality, shall promote the use of rainwater to help reduce freshwater use, promote conservation, and reduce demand on systems water supply.
washington
Rainwater harvesting is legal. a water permit is not required for rooftop collection systems.
west virginia
Rainwater harvesting is legal.
wisconsin
Rainwater harvesting is legal.
wyoming
Rainwater harvesting is legal.
