Harvesting rain is not illegal in America; however, in every state, the legislation widely varies. Some states have no rainwater collection laws, while others have multiple restrictions. Safety-wise, whether harvesting rainwater is safe, it depends on the sanitary state of the harvesting equipment.
Rainwater harvesting is common practice that helps homeowners become less reliant on tapped water and reduce utility bills.
It also helps reduce environmental impact by restoring a product back into the water cycle and preventing potential runoff and erosion from stored runoff.
The only reasons some people seem to have problems harvesting rainwater is the legality in some states, as well as safety.
Is Collecting Rainwater Safe?
You can use harvested rainwater for bathing, cleaning, drinking, and watering your garden.
However, as mentioned before, treated rainwater from a sanitary outlet is relatively safe.
- The main reason rainwater can be unsafe is that there are a multitude of impurities ranging from factory and vehicular emission gasses, to little bird poop on your rooftop.
- Generally, treated rainwater can promote the growth of bacteria, viruses, and other pathogens which can get you sick.
- Whether harvest rain will affect you or not all depends on your geographic location, and the season you’re enjoying, the frequency of rains, and most importantly, the harvesting methods and storage.
- Dust and smoke, carried by wind, can pollute rainwater before it even hits the roof of your house.
- Furthermore, your rooftop, guttering, piping, and tanks may contain elements that could be harmful, such as asbestos, copper, or lead, which can then be transferred into the collected stage contaminating the rainwater.
- Your roof becomes dirty if it doesn’t rain for a long time, and that means the water you collect isn’t safe to drink.
The best way to use rainwater would be watering plants, washing your car, and washing other machinery. In practice don’t consume, bathe with, or wash dishes with rainwater unless there is no other option and you treat it first. Treatment of water consists of:
- boiling,
- chlorination,
- filtration.
You should use a combination of the above for good quality water.
Is It Illegal to Collect Rainwater?
Currently, the federal government has no regulations regarding rainwater collection. Rather, it has delegated that task to state governments.
Most states will allow residents to freely collect rainwater. Some administrations may even want their citizens to collect rainwater. However, some governments have more stringent rules and regulations on rainwater collection.
Below are the some of the states where rainwater harvesting has some restrictions.
Alaska
The state government encourages residents to collect rainwater, provided it hasn’t run-off into a water body.
According to the Alaska Department of Natural Resources residents need water-rights to collect ground water if it is obtained from rain.
Every property owner must obtain water-rights. The former owner should turn it over to you or you can possibly obtain at a cost if this is a new property to you.
Arkansas
The state government of Arkansas allows people to collect rainwater, but there are restrictions.
The water must be used for non-potable uses, and you must have a registered professional engineer plan/out the rainwater collection system. Additionally, the engineer must follow the Arkansas Plumbing Code.
California
If you live in California, you don’t need a permit to collect rainwater collected from your roof.
The exception to not needing a permit is if you’re going to use rainwater for landscaping.
The same goes for any use such as swimming pools, fish ponds, fountains, or any other outdoor facilities.
You will need to sign a prime contract to allow those uses.
Colorado
In Colorado you can only collect 110 gallons of rainwater, and the collected water can only be used for outdoor non-potable use and only on the location that it was collected on.
It can be used for household purposes, such as for irrigation and gardening.
Interestingly, the current limits are better than they were.
For a long time, and for the majority of Colorado’s history, restrictions on rainwater harvesting were so severe it could not be done at all.
They were revised to their current state when research showed that only 3% of stormwater is incorporated into streams, or absorbed into the ground.
Illinois
There are two statutes that govern the collection of rainwater in Illinois.
- The first statute is called “House Bill 991”. This bill requires a homeowners’ association to state its preference in terms of rainwater harvesting, if any. And, if there is a preference, the HOAs have to identify the architectural requirements, design, and placement of the collection systems.
- The second statute is the Green Infrastructure for Clean Water Act. This act allows for rainwater harvesting with efficient and sustainable practices.
Kansas
Just like Alaska, the state government requires you to own water rights if you are collecting water in Kansas.
Water collection is regulated by The Kansas Water Appropriate Act.
If you do not have these rights, you cannot collect water, and if you do, it is illegal. However, residents can collect some water for domestic use.
They are allowed to use it for domestic water, livestock or to irrigate two acres of land.
The best way to find out what authorities classify as domestic use is to check with the Kansas Department of Agriculture.
Louisiana
Rainwater harvesting is legal in Louisiana, but you must collect in a covered barrel that is clean.
The state discourages illegal sale of contaminated water including ice.
Nevada
Until 2017, it was illegal to harvest rainwater in the state of Nevada, However the state now authorizes its citizens to collect rainwater, for non-potable, domestic use.
Also, it has now become legal for citizens to keep water for wildlife use with remote guzzlers, as long as the total capacity does not exceed 20,000 gal and the catchment area is not greater than 1 acre and is within the piping length of ¼ mile.
North Carolina
In North Carolina, it is mandatory to get permission from the Department of Environment and Natural Resources before you install a rainwater harvesting system.
This agency also provides technical assistance to improve the efficiency of your rainwater collection system, as well as guidance on re-using water and reducing water waste.
One interesting task of state government is that they enforce legislation, known as State Law 243, which requires that all rainwater collection systems shall be inspected before the rainwater is used.
In North Carolina, only roof water from buildings can be collectors for rainwater harvesting.
It also requires all tanks to be either blue or green and to have an approved and disinfected filter strainer.
Ohio
You will not be breaking the law in Ohio if you collect rainwater for whatever purposes, even consumptive.
To remain within the law, if you plan to supply drinking water to 25 people or less, your collection system must be regulated by the Ohio Department of Health.
Oregon
Oregon allows an individual to harvest rainwater for personal uses, although water rights nominally exist if you want to use public water unless you somehow authorize the public to access your collection system.
Texas
Texas has made many adjustments to the regulations for rainwater collection over the years to promote it among its residents.
Even so, it still has some restrictions.
For example, an individual must provide written notice to the municipality, or owner of the public water supply system if they intends to connect their rainwater collection system to that public water supply system, exempting them from liability if someone has an adverse health outcome from consuming the water.
The law on commercial, industrial, and residential types of premises have different rules.
If you have an existing public facility, a municipality cannot prevent someone from collecting rainwater.
Furthermore, the Texas Water Development Board must train county and municipal employees at least once every 3 months.
Utah
Utah is arguably the most strict rain barrel state. If you own or lease land, you may harvest rainwater.
Additionally, every person wishing to collect 2,500 gallons or more must register with state as of Senate Bill 32.
Those who have a reservoir that holds less than 100 gallons do not have to register.
Washington
In Washington, no permit is required to collect rainwater from rooftops unlike previous laws.
However, this does not mean the practice isn’t prohibited.
The law for rainwater harvesting differs between counties, as counties are stricter with different sets of rules than others.
As it currently stands, a permit is not required if you will use the water on the property.
You also must have buildings that are used for other purposes and not just rainwater harvesting, if you’re collecting it from structures.
There are some counties where it is illegal to collect rainwater for drinking purposes.
The Legal Status of Rainwater Collection In Various States
| Encouraged | Legal | Legal (with restrictions) |
|---|---|---|
| Connecticut Delaware Florida Hawaii Indiana Maryland Massachusetts Michigan Minnesota Missouri Montana Nebraska New Hampshire New Mexico New York North Dakota Pennsylvania Rhode Island South Carolina Virginia | Alabama Arizona Iowa Kentucky Maine Mississippi New Jersey Oklahoma South Dakota Tennessee Vermont West Virginia Wisconsin Wyoming | Alaska Arkansas California Colorado Illinois Kansas Louisiana Nevada North Carolina Ohio Oregon Texas Utah Washington |
Legal Status of Rainwater Collection In Various States
Wrapping Up
Regulation against rainwater collections came about in the 19th century when the California Gold Rush created high demand for water during high-pressure mining for gold.
Since miners were using high pressured water to wash away unwanted material, after some time due to high-water demand-miners were “stealing” the water prompting officials to regulate it.
This regulation has changed a lot over the years, and now a lot of states support and encourage their residents to collect rainwater.
Today the only reason your water collection would be regulated is for health and public safety.
As stated earlier, rainwater has a lot of contaminants inside that it doesn’t make it safe to consume by humans.
Once you can’t make the water go to waste, if its good for nothing at least it can be used for your washing machine, and watering your plants.
If you feel as if that you must drink it boiling and disinfecting is key, and keeping it in a clean container is crucial.
Otherwise, you will be drinking who knows what, and ingesting who knows what kind of bacteria, virus, parasite, pesticides, or other contaminants that can infringe your health.