States Where It Is Illegal To Collect Rainwater (2024)

Many homeowners have begun harvesting rainwater to reduce their household water use. This practice is often considered one of the components of off-grid water systems. It reduces your water bill while conserving local water resources and helping recharge groundwater. However, rainwater harvesting is a legal gray area in the United States. Currently, no federal laws allow, forbid, or regulate the collection of rainwater. As a result, it’s specifically a state issue, with each state government passing different water laws regulating its collection and usage.

In this article, I’ll help you understand your rights on rainwater harvesting by looking into the laws, benefits, and restrictions for rainwater collection in each state.

What Is Rainwater Harvesting?

Rainwater harvesting, sometimes called catchment, is the process of capturing precipitation and storing it for later use. Many homeowners reuse rainwater for gardens, potted plants, or potentially the entire yard. Some homeowners collect rainwater then filter, boil, and drink it, even though some studies advise against it.

Most rainwater harvesting systems consist of a capturing device (typically a home’s gutter system), a filter, and a cistern (large tanks or rain barrels meant to hold the rainwater). As it rains, the rainwater collection system captures the stormwater runoff, then filters it, and sends it to a cistern for storage. This is rainwater harvesting. Then, homeowners are free to use their at-home water supply for potable (human consumption) or non-potable (not for human consumption) purposes. Potable uses include using it as a source of drinking water, either filtered or unfiltered, and using it to boil food. Non-potable uses include using it to clean items or structures, water plants, or for other irrigation purposes.

Deciding whether to collect rainwater? Get insight into the process with this video tutorial from Andrew Millison:

Are There Regulations on Rainwater Harvesting?

Rainwater harvesting regulations in each state primarily determine the legality and regulations surrounding the collection of rainwater in the United States. Some states have embraced rainwater harvesting and offer incentives for its adoption, while others have stricter regulations or even collection of rainwater prohibitions in place.

• Permit Requirements: Several state governments require permits for rainwater harvesting systems. The permitting process typically involves submitting plans and specifications along with paying fees. In these states, rainwater harvesting systems must meet certain design and safety standards.
• Water Rights: Water rights laws can greatly influence rainwater harvesting. In states with strict water rights regulations, collecting rainwater may be subject to complex rules and limitations.
• Water Quality: State governments often have guidelines for homeowners in maintaining water quality in harvested water sources. This may involve specifying filtration and treatment requirements to make sure the water supply is safe for its intended use.
• Tax Incentives: Some states offer tax incentives or rebates to encourage rainwater harvesting installations. These incentives can offset initial costs and make rainwater harvesting more financially attractive.
• Use Restrictions: State governments may have restrictions on how harvested rainwater can be used. For example, some states limit its use to non-potable purposes like irrigation and toilet flushing.
• Mandatory Systems: A few state governments, particularly those with arid climates, have mandated the installation of rainwater harvesting systems for water collection in certain types of new construction.

Factors Influencing State Regulations

Several factors contribute to the variation in state government regulations on rainwater harvesting:

• Climate: States with more significant rainfall may have less stringent regulations, while arid states often encourage rainwater harvesting to ease water scarcity issues.
• Water Scarcity: States experiencing water scarcity are more likely to promote rainwater harvesting as a conservation measure.
• Historical Water Rights: States with well-established water rights systems may have stricter regulations to protect existing water users.
• Environmental Concerns: States with a strong focus on environmental sustainability tend to be more lenient and even supportive of rainwater harvesting.
• Local Governance: Local municipalities and counties may have additional regulations or incentives related to rainwater harvesting, adding another layer of complexity.

State Regulations on Residential Rainwater Collection

Use the tools below to determine your state’s governance on residential rainwater collection. Hover over your location on the map, search it in the table, or flip through table pages for a look at each state’s rules.

Closing Thoughts

Harvesting rainwater is a great way to reduce your water bill while helping the environment by aiding in groundwater recharge. Unfortunately, there are no federally mandated water rights, so it’s up to each state to determine its laws on water conservation and usage. The good news is that no state outright bans rainwater harvesting, but many heavily restrict and regulate it. On the other hand, many states encourage residents to collect water to reduce public water usage, offering lucrative incentives and tax rebates.

Understanding the legality of rainwater harvesting in your state is important for complying with local laws and maximizing potential benefits. I recommend staying informed about your state’s specific laws and taking advantage of available incentives. This will allow you to responsibly and effectively harvest rainwater. In doing so, you’ll contribute to personal savings and support broader environmental conservation efforts.