Is It Illegal to Collect Rainwater? Rainwater Collection Laws by State

Short answer

Last updated September 27, 2026 · All 50 states checked against statute, regulation and state agency text, then re-verified quote by quote · Not legal advice

Expressly allowed by state law

Allowed, with state limits

No state law restricts it

states restrict or ban it

Look up your state

Pick a state for what its law says, any storage limit, whether you need a permit, drinking-water rules, rebates, and the law's own words. Each state's page link is ?state=CO style, so you can share it.

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Pick a state on the map or from the list to see what its law says, any storage limit, whether you need a permit, drinking-water rules, rebates, and the law's own words.

All 50 states at a glance

What each label means:

Expressly allowed by state law — A state statute expressly allows, recognises or protects collecting rainwater, with no state cap on ordinary collection.
Allowed, with state limits — State law allows it, but sets conditions: how much you store, where you use it, or registration.
No state law restricts it — No state statute or rule authorises or restricts collecting rainwater at home. Plumbing codes may still cover systems piped into a building, and some state agencies publish guidance.

“No state law restricts it” is not the same as a law allowing it. It means the state has no statute or rule on collecting rainwater at home, so nothing at state level stops you.

Rainwater collection law in each of the 50 states: status, storage limit, state permit or registration, and rebates
State	What state law says	Storage limit	State permit or registration	Rebates & incentives
Alabama	No state law restricts itState agency encourages rain barrels	No state cap found	No state rule found	None found at state level (local programs may exist)
Alaska	No state law restricts it	No state cap found	No state rule found	None found at state level (local programs may exist)
Arizona	No state law restricts itState agency encourages rain barrels	No state cap found	No state rule found	1 local (none state-level)
Arkansas	Expressly allowed by state law	No state cap found	No state rule found	None found at state level (local programs may exist)
California	Expressly allowed by state law	No state cap found	Only above a threshold	1 state · 1 local
Colorado	Allowed, with state limits	2 barrels, 110 gal combined	Only above a threshold	None found at state level (local programs may exist)
Connecticut	No state law restricts itState agency encourages rain barrels	No state cap found	No state rule found	None found at state level (local programs may exist)
Delaware	No state law restricts itState agency encourages rain barrels	No state cap found	No state rule found	None found at state level (local programs may exist)
Florida	No state law restricts itPlumbed/drinking-water systems regulatedState agency encourages rain barrels	No state cap found	No state rule found	None found at state level (local programs may exist)
Georgia	No state law restricts itPlumbed/drinking-water systems regulatedState agency encourages rain barrels	No state cap found	No state rule found	None found at state level (local programs may exist)
Hawaii	Expressly allowed by state law	No state cap found	No state permit	1 state · 1 local
Idaho	No state law restricts itPlumbed/drinking-water systems regulated	No state cap found	No state permit	None found at state level (local programs may exist)
Illinois	No state law restricts it	No state cap found	No state rule found	1 local (none state-level)
Indiana	No state law restricts itState agency encourages rain barrels	No state cap found	No state rule found	None found at state level (local programs may exist)
Iowa	No state law restricts itPlumbed/drinking-water systems regulated	No state cap found	No state permit	1 local (none state-level)
Kansas	No state law restricts it	No state cap found	No state permit	None found at state level (local programs may exist)
Kentucky	No state law restricts it	No state cap found	No state permit	None found at state level (local programs may exist)
Louisiana	No state law restricts itPlumbed/drinking-water systems regulated	No state cap found	No state rule found	None found at state level (local programs may exist)
Maine	No state law restricts itPlumbed/drinking-water systems regulated	No state cap found	No state rule found	None found at state level (local programs may exist)
Maryland	No state law restricts itPlumbed/drinking-water systems regulated	No state cap found	No state permit	1 local (none state-level)
Massachusetts	No state law restricts itPlumbed/drinking-water systems regulatedState agency encourages rain barrels	No state cap found	No state rule found	None found at state level (local programs may exist)
Michigan	No state law restricts itPlumbed/drinking-water systems regulatedState agency encourages rain barrels	No state cap found	No state rule found	None found at state level (local programs may exist)
Minnesota	No state law restricts itPlumbed/drinking-water systems regulated	No state cap found	No state permit	None found at state level (local programs may exist)
Mississippi	No state law restricts itState agency encourages rain barrels	No state cap found	No state permit	None found at state level (local programs may exist)
Missouri	No state law restricts it	No state cap found	No state rule found	None found at state level (local programs may exist)
Montana	No state law restricts itPlumbed/drinking-water systems regulated	No state cap found	No state rule found	None found at state level (local programs may exist)
Nebraska	No state law restricts itState agency encourages rain barrels	No state cap found	No state rule found	None found at state level (local programs may exist)
Nevada	Allowed, with state limits	"De minimus" collection only; no gallon figure set	No state permit	None found at state level (local programs may exist)
New Hampshire	No state law restricts itPlumbed/drinking-water systems regulatedState agency encourages rain barrels	No state cap found	No state rule found	None found at state level (local programs may exist)
New Jersey	No state law restricts itState agency encourages rain barrels	No state cap found	No state rule found	None found at state level (local programs may exist)
New Mexico	No state law restricts itState agency encourages rain barrels	No state cap found	No state permit	1 local (none state-level)
New York	No state law restricts itPlumbed/drinking-water systems regulatedState agency encourages rain barrels	No state cap found	No state rule found	None found at state level (local programs may exist)
North Carolina	Expressly allowed by state law	No state cap found	No state permit	None found at state level (local programs may exist)
North Dakota	No state law restricts it	No state cap found	No state rule found	None found at state level (local programs may exist)
Ohio	Expressly allowed by state law	No state cap found	No state permit	None found at state level (local programs may exist)
Oklahoma	No state law restricts itState agency encourages rain barrels	No state cap found	No state rule found	None found at state level (local programs may exist)
Oregon	Expressly allowed by state law	No state cap found	No state permit	None found at state level (local programs may exist)
Pennsylvania	No state law restricts itPlumbed/drinking-water systems regulatedState agency encourages rain barrels	No state cap found	No state rule found	1 local (none state-level)
Rhode Island	No state law restricts itState agency encourages rain barrels	No state cap found	No state rule found	None found at state level (local programs may exist)
South Carolina	No state law restricts itPlumbed/drinking-water systems regulatedState agency encourages rain barrels	No state cap found	No state rule found	None found at state level (local programs may exist)
South Dakota	No state law restricts it	No state cap found	No state rule found	None found at state level (local programs may exist)
Tennessee	No state law restricts itState agency encourages rain barrels	No state cap found	No state rule found	None found at state level (local programs may exist)
Texas	Expressly allowed by state law	No state cap found	No state permit	2 state · 1 local
Utah	Allowed, with state limits	2 containers of up to 100 gal each; 2,500 gal total with free registration	Only above a threshold	None found at state level (local programs may exist)
Vermont	No state law restricts itPlumbed/drinking-water systems regulatedState agency encourages rain barrels	No state cap found	No state rule found	None found at state level (local programs may exist)
Virginia	Allowed, with state limits	No state cap found	No state permit	1 local (none state-level)
Washington	No state law restricts itPlumbed/drinking-water systems regulatedState agency encourages rain barrels	No state cap found	No state permit	1 local (none state-level)
West Virginia	No state law restricts itPlumbed/drinking-water systems regulatedState agency encourages rain barrels	No state cap found	No state rule found	None found at state level (local programs may exist)
Wisconsin	No state law restricts itPlumbed/drinking-water systems regulated	No state cap found	No state rule found	None found at state level (local programs may exist)
Wyoming	No state law restricts it	No state cap found	No state rule found	None found at state level (local programs may exist)

Click a state for the full record. “No state rule found” means no official source we checked sets a state permit either way; local building and plumbing permits can still apply.

Is it illegal? Myths and what the law says

“Collecting rainwater is illegal in some states.”

Not for a home rain barrel. None of the 50 states restricts it outright. Seven have a law that expressly allows or protects it (Arkansas, California, Hawaii, North Carolina, Ohio, Oregon and Texas), four set conditions (Colorado, Nevada, Utah and Virginia) and the other 39 have no state law on it at all.

“It's illegal in Colorado.”

It isn't, but it is the strictest state. Since House Bill 16-1005 (2016), a single-family home or a building of four or fewer units may use up to two rain barrels holding 110 gallons combined, filled from the roof and used outdoors on the same property. Drinking or indoor use is not allowed under the barrel law. A 2025 bill to lift the cap (HB25-1106) was postponed indefinitely, and nothing changed in 2026.

“Utah bans rain barrels.”

It doesn't. Under its statute, last amended in 2013, you may use two covered containers of up to 100 gallons each. Register with the Division of Water Rights, free and online, and you may store up to 2,500 gallons. The water has to be used on the parcel where it fell, and it never becomes a water right. Utah State University Extension calls rainwater harvesting “a win-win situation for the environment and homeowner.”

“If my state has no rainwater law, collecting it must be illegal.”

The reverse. In the 39 states with no rainwater statute, nothing in state law stops you from putting a barrel under a downspout. What those states do regulate is plumbing: in 26 states (with or without a rainwater statute) a system piped into a building, or used for drinking water, has to meet plumbing or health codes. And in 31 states a public agency or state extension service actively encourages rain barrels.

“Rain belongs to the state, so a barrel needs a water right.”

This is the grain of truth. In prior-appropriation states, water that would reach a stream can belong to whoever holds the oldest right to it, which is why Colorado's law says a rain barrel “does not constitute a water right” and lets the State Engineer curtail barrel use to protect senior rights. But the Western states have largely carved rooftop collection out: California, Nevada, Oregon and Utah by statute, Colorado within its barrel limit, and Idaho, New Mexico and Washington through agency guidance. Texas declares the rainwater of its watersheds state property, yet four Texas statutes promote home harvesting and no state water-right permit is required for roof collection.

Water-rights notes for 22 states

Alaska: Alaska uses prior appropriation under the Alaska Water Use Act: water wherever it naturally occurs is a common property resource and landowners have no automatic rights. No DNR guidance applying this to roof rainwater was found; DEC notes rainwater catchment is widely used by homeowners, especially in southeast Alaska.
Arizona: Arizona is a prior-appropriation state: surface waters, including 'flood, waste or surplus water', belong to the public and are subject to appropriation (A.R.S. 45-141). No statute or ADWR rule was found applying this to residential roof runoff, and the University of Arizona states homeowners may legally collect rain that falls on their property.
California: California has a mixed riparian / prior-appropriation system in which a permit from the State Water Board is normally needed to appropriate water (Water Code 1201). The Rainwater Capture Act exempts rooftop rainwater use from that permit requirement, while stating it does not change existing water rights law.
Colorado: Colorado follows the prior appropriation doctrine; rain falling on a roof would otherwise flow to streams that senior water-rights holders are entitled to. The 2016 law states it does not impair prior appropriation, that a rain barrel is not a water right, and lets the State Engineer curtail barrel use to protect senior rights. A 2025 bill to remove the 110-gallon cap and use limits (HB25-1106) was postponed indefinitely.
Idaho: Idaho is a prior-appropriation state: public waters may be used only under a water right (Idaho Code 42-201(2)). IDWR's position is that diffused surface water (precipitation and snowmelt before it enters a natural watercourse) is not public water and is not subject to appropriation, so rooftop collection needs no water right, unless it significantly depletes a supply feeding a stream and injures a senior appropriator.
Iowa: Iowa uses a regulated-riparian permit system run by DNR: a permit is needed to divert, store or withdraw water from a surface or groundwater source except for a 'nonregulated use' under 25,000 gallons per day. Iowa Code 455B.261 separately defines 'diffused waters' (precipitation and snowmelt not part of a watercourse). Household rooftop collection is far below the permit threshold.
Kansas: Kansas is a prior-appropriation ('first in time - first in right') state. It is illegal to use water without a vested right or a DWR permit, except water used solely for domestic purposes. The Act does not single out rainwater, so a homeowner's rain barrels for house, lawn and garden fall within the domestic exemption either way.
Kentucky: Kentucky is a riparian state with a statutory withdrawal-permit system for public water (streams, lakes, groundwater). Domestic and agricultural uses, including irrigation, are exempt by statute.
Maryland: Maryland uses a state water appropriation permit system (MDE) for surface and ground water, but domestic uses other than heating/cooling are exempt from permits.
Mississippi: Mississippi runs a state permit system for surface and groundwater use through MDEQ's Permit Board (Miss. Code 51-3). Single-residence domestic diversions are exempt from permitting, and nothing found treats rooftop collection as a regulated appropriation.
Montana: Montana is a prior-appropriation state: the state owns the water and a recorded water right is needed for most uses. The Water Use Act defines 'appropriate' as diverting, impounding or withdrawing water for a beneficial use. Neither the statute nor DNRC guidance found says whether catching roof runoff in a barrel counts, and there is no rainwater exemption like Nevada's or Colorado's. Treat the water-rights question as unresolved.
Nebraska: Nebraska applies prior appropriation to surface water in natural streams (Neb. Rev. Stat. 46-202); groundwater is managed separately by Natural Resources Districts. Roof runoff captured before it reaches a stream is not named in either system, and no official source says a rain barrel needs a surface-water permit. Storage reservoirs need an application to the Chief Water Officer (46-241), aimed at dams and ponds, not barrels.
Nevada: Nevada is a prior-appropriation state: the water of all sources above or beneath the surface belongs to the public (NRS 533.025) and is appropriated under chapter 533 (NRS 533.030). Assembly Bill 138 (2017, Stats. ch. 272, approved June 1, 2017) added NRS 533.027, taking de minimus single-family rooftop collection for nonpotable domestic use out of chapter 533, so homeowners need no water right for it. Later amendments (2023, 2025) changed the wildlife-guzzler and fire provisions; the rooftop clause reads the same as in 2017.
New Mexico: New Mexico is a prior-appropriation state administered by the State Engineer. OSE treats roof rainwater harvesting for on-site use as not requiring a state permit for most homeowners, but frames it as limited to on-site use that does not cut the site's pre-development runoff, and harvested water cannot be appropriated for other uses.
North Dakota: North Dakota is a prior-appropriation state: public waters must be appropriated under NDCC ch. 61-04. However, NDCC 61-01-01(1) excludes 'diffused surface waters' from the public surface waters subject to appropriation, and domestic uses under 12.5 acre-feet/year need no permit, so a residential rain barrel/cistern is not within the permit system in practice.
Oklahoma: Oklahoma uses prior appropriation for stream water, but 60 O.S. §60(A) says the landowner owns water standing on the land or flowing over it but not forming a definite stream (diffused surface water). Rain captured from a roof before it reaches a stream falls in that landowner-owned category, so no appropriation permit is involved. The Water for 2060 Act (82 O.S. §1088.12) promotes nonpotable supplies but expressly does not change water-rights law.
Oregon: Oregon is a prior-appropriation state where most water uses need an OWRD water right; roof/impervious-surface rainwater is statutorily exempt, so no water right, application or certificate is needed as long as the water never contacts soil before storage.
South Dakota: South Dakota is a prior-appropriation state: all water belongs to the people of the state and use rights are acquired by appropriation (SDCL 46-1-3). DANR says a water right permit is needed for every use except domestic use (household drinking/washing/culinary, noncommercial garden/tree irrigation up to one acre, stock watering) under 25,920 gallons/day or 25 gpm. No statute, rule or DANR statement specifically addresses rooftop rainwater capture, so whether it counts as an appropriation is unaddressed; a household rain barrel used for garden watering would fall within the domestic-use categories if it were treated as a water use at all (inference, not an official statement).
Texas: Texas Water Code 11.021 declares the storm water, floodwater and rainwater of every watercourse and watershed to be state property, but the Legislature has separately and expressly promoted residential rainwater harvesting (Property Code 202.007, Local Government Code 580.004, Health & Safety Code 341.042, Tax Code 151.355), and no state water-right permit is required for rooftop collection.
Utah: Utah is a prior-appropriation state where precipitation capture otherwise needs a water right; 73-3-1.5 carves out a limited exception ('Notwithstanding Section 73-3-2') for small-volume rooftop/parcel capture. The captured water is not a water right.
Washington: Washington is a prior-appropriation state (RCW 90.03 permit system). Ecology's interpretive policy POL-1017 states that on-site storage/use of rooftop-collected rainwater is not subject to the RCW 90.03 permit process, but Ecology may impose local restrictions on new systems if cumulative harvesting harms instream values or existing water rights. The policy is guidance, not an adopted rule.
Wyoming: Wyoming is a prior-appropriation state: water is declared state property and use rights are acquired by beneficial use under State Engineer permits. No statute, rule, or State Engineer's Office statement was found that addresses whether capturing rooftop runoff in rain barrels or cisterns requires a water right, so its status under the appropriation system is unresolved in official sources.

What the 50-state check found

No state bans home rainwater collection. 7 expressly allow it by law, 4 allow it with limits, 39 have no state law restricting it, and 0 restrict it.
Three states limit how much you store: Colorado (2 barrels, 110 gal combined); Nevada ("De minimus" collection only; no gallon figure set); Utah (2 containers of up to 100 gal each; 2,500 gal total with free registration). Virginia has no cap but requires registration for non-barrel systems.
Drinking water is where the rules are. Idaho, Montana, Ohio, Oregon and Virginia set permit or code requirements for drinking-water rainwater systems at a home; Arkansas, Colorado, Minnesota, Nevada and Wisconsin limit collected rainwater to non-drinking uses or provide no route to drinking it. California leaves potable systems to local adoption of its plumbing code's appendix.
Plumbing codes apply in 26 states to rainwater systems piped into a building, and a public agency or extension service encourages rain barrels in 31 states.
HOA protections exist in two states in our records: Colorado and Texas.
Money back is mostly local. We found 4 state-level programmes (in California, Hawaii and Texas) and 11 local ones across 11 states.
Thin official sources in 10 states (Louisiana, Michigan, Missouri, Montana, Nebraska, New Jersey, North Dakota, South Dakota, Tennessee and Wyoming): the status is the best reading of what official text exists, and those cards say so.

Rebates & incentives

Every programme below is listed as its official page describes it, state programmes first. In the 47 other states we found none at state level (local programs may exist); we did not survey every city and utility, so check yours.

California · State program · Property tax exclusion

Property tax new-construction exclusion for rain water capture systems (Rev. & Tax. Code 74.8, Proposition 72)

Amount: Construction or addition of a rain water capture system is not "new construction", so it does not add to the assessed value

Who qualifies: Rain water capture systems (rooftop or other manmade aboveground hard surface, for onsite use) on new construction completed on or after Jan 1, 2019; also extends to the initial buyer of a new building from an owner-builder (until the next change in ownership). Section repeals Jan 1, 2029.

Hawaii · State program · Grant

DOH subsidized lead and copper testing for rainwater catchment homes

Amount: Owner pays $25 plus shipping; DOH pays the remaining analysis cost; once per year

Who qualifies: Owner or user of a legal dwelling served by a rainwater catchment system, using the participating DOH-approved lab

Texas · State program · Sales tax exemption

Sales and use tax exemption for rainwater harvesting equipment (Tax Code 151.355)

Amount: Full exemption from state sales and use tax

Who qualifies: Rainwater harvesting equipment or supplies (and other equipment used solely to reduce or eliminate water use); TWDB: purchaser gives the supplier Texas exemption Form 01-339 (back of form).

Texas · State program · Sales tax exemption

Water-Efficient Products Sales Tax Holiday (Memorial Day weekend)

Amount: No sales tax on qualifying purchases during the annual Memorial Day weekend holiday (2026: Saturday May 23 - Monday May 25; next holiday not yet announced)

Who qualifies: Rain barrels or alternative rain and moisture collection systems bought for use at a residential property during the holiday; no exemption certificate needed.

Arizona · Local program · Rebate

Tucson Water Rainwater Harvesting Rebate

Amount: Up to $1,999 per property: $1.00 per gallon of storage (systems sized to capture at least 1 inch of rain from the collecting roof area) or $0.50 per gallon (systems that do not meet that storage), capped at $1,900 for the system, plus up to $99 Treebate ($50 first tree, $49 second). The system cap was cut from $2,000 to $1,900 in July 2026.

Who qualifies: Tucson Water single-family residential customers or small commercial businesses (5/8-inch meter) with active Tucson Water service before purchase and installation; must take a qualifying Watershed Management Group workshop; funding limited, submitting a form does not guarantee funding.

California · Local program · Rebate

SoCal Water$mart rain barrel and cistern rebate (Metropolitan Water District of Southern California)

Amount: $35 per rain barrel (50-199 gal, max 2); cisterns $250 (200-500 gal), $300 (501-999 gal), $350 (1,000+ gal), max 1

Who qualifies: Customers of Metropolitan's member agencies in parts of Los Angeles, Orange, San Diego, Riverside, San Bernardino and Ventura counties; one application; barrel water distributed by hose or bucket, not tied into irrigation or graywater

Hawaii · Local program · Rebate

Board of Water Supply (Honolulu) Water Sensible Residential Rain Barrel Rebate

Amount: $40 (cannot exceed purchase price)

Who qualifies: Honolulu BWS customers (Oahu) who buy and use a 55-gallon rain barrel from a retailer; barrels bought from BWS do not qualify

Illinois · Local program · Discounted barrel sale

MWRD of Greater Chicago discounted barrel sale

Amount: Barrels sold at $22.30 each incl. tax and delivery ($11.15 for age 65+); limit 2 per household

Who qualifies: Cook County residents, while supplies last

Iowa · Local program · Rebate

City of Ankeny Stormwater Best Management Practices Reimbursement Program - rain barrel

Amount: Up to $75

Who qualifies: Installation of a rain barrel on private property in Ankeny

Maryland · Local program · Rebate

Montgomery County DEP RainScapes Rewards - rain barrel rebate and water harvesting (cistern) rebate

Amount: $1 per gallon. Rain barrel rebate: max $250 residential ($250 commercial/institutional). Water harvesting (cistern) rebate: max $750 residential ($2,000 commercial/institutional).

Who qualifies: Private property in Montgomery County outside Rockville, Gaithersburg and Takoma Park; minimum 200 gallons per project (100 for townhomes), 50-gallon minimum per container; above ground; HOA approval letter if applicable; location plan

New Mexico · Local program · Rebate

ABCWUA Rainwater Harvesting Rebate (rain barrel/cistern)

Amount: $25.00 (50-149 gal), $50.00 (150-299 gal), $75.00 (300-499 gal), $125.00 (1,000-1,499 gal), $150.00 (1,500 gal and over), based on total storage capacity; the published table has no 500-999 gal tier

Who qualifies: Current Albuquerque Bernalillo County Water Utility Authority water customer (not sewer-only); barrels min. 50 gal and designed for rain capture; paid-in-full itemized receipt; apply within 90 days of purchase; one rebate credit per fiscal year

Pennsylvania · Local program · In-kind

Philadelphia Water Department Rain Check

Amount: Free rain barrel, installed; other tools (downspout planter, rain garden, porous paving) installed at a reduced price (cost-share)

Who qualifies: Philadelphia residential property owners; sign up through a Rain Check workshop (program site pwdraincheck.org)

Texas · Local program · Rebate

Austin Water Rainwater Harvesting rebate

Amount: Up to $5,000 based on storage capacity

Who qualifies: Austin Water customers (and customers of qualifying partner water providers) installing a rain barrel or cistern system.

Virginia · Local program · Cost-share

Virginia Conservation Assistance Program (VCAP) - rainwater harvesting practice

Amount: $4 per gallon treated, up to a 1-inch storm over the contributing drainage area (rate as described in a DCR overview updated Jan 2024; confirm at signup)

Who qualifies: Residential and other urban properties in PARTICIPATING Soil and Water Conservation Districts only; run by the Virginia Association of Soil and Water Conservation Districts, a private nonprofit (501(c)(5)) association of the districts - not a state agency program; funding first-come.

Washington · Local program · Rebate

RainWise rebate (King County Wastewater Treatment Division and Seattle Public Utilities)

Amount: Up to 100% of the cost of cisterns and rain gardens; average about $4,740

Who qualifies: Private properties in eligible Seattle combined-sewer-overflow basins (check address on the RainWise eligibility map); project designed/built by a RainWise-trained contractor.

How much could your roof collect?

More than any barrel holds. Every square foot of roof sheds about 0.59 gallons per inch of rain, so the legal limits fill in a light shower:

Rain needed to fill common storage limits, by the roof area draining to the barrel
Roof draining to it	Gallons per inch of rain	Fills 110 gal (CO limit)	Fills 200 gal (UT, unregistered)	Fills 2,500 gal (UT, registered)
500 sq ft	about 300	0.37 in	0.68 in	8.4 in
1,000 sq ft	about 590	0.19 in	0.34 in	4.2 in
2,000 sq ft	about 1,180	0.09 in	0.17 in	2.1 in

So in any real storm most of the water goes over the top, and the overflow needs somewhere to go, just like a downspout. Work out your own roof with the roof runoff calculator, which fills in your zip code's storm depths. For the overflow, a rain garden or a dry well sized for one downspout lets it soak in, and gutter drainage covers routing it away from the house.

How we researched this, and its limits

Official text only. Each state was researched from its statutes, administrative code, adopted plumbing code and state agency pages. State-university extension pages supply practical guidance but never decide a state's status. Local rebates are listed only from the programme's own official page, and marked local.
Independent verification. A second pass re-checked every quote against its source, matching it word for word or reading it in context where a page could only be opened in a browser, on September 27, 2026. Where that pass disagreed with the first, it changed the record: Florida, Georgia, Maryland, Minnesota, New York, Pennsylvania, South Carolina, Wisconsin and Washington moved to “no state law restricts it” because their only state hook is a plumbing code or agency guidance; Arkansas and Ohio moved up to “expressly allowed” because their statutes say so.
Empty means not found, never “no”. Tags such as “State agency encourages rain barrels” appear only where an official quote backs them. A state without the tag may simply not have been checked for it.
Confidence. Each card shows high, medium or low: high where statute or regulation text answers the question directly, lower where the answer rests on agency guidance or where official text couldn't be fully read (Tennessee's code, for example, is available only behind a publisher's terms-of-use page).
County, city, HOA. This covers state law. Counties and cities can add building, plumbing, zoning or health rules, and HOA covenants and deed restrictions can restrict barrels except where state law says otherwise (Colorado, Texas).
Not legal advice. Laws change; the date on each card is when it was last checked. For a large cistern, anything plumbed into the house, or drinking water, ask your building department or health department first.

Open data: rainwater collection laws by state (CSV)

The full 50-state table is free to download: rainwater-collection-laws-by-state.csv (one row per state: status and label, tags, storage cap, permit value and notes, limits, allowed uses, drinking-water rules, water-rights note, incentives, citations, confidence, verification date and source URLs), or the same records with every verbatim quote as JSON.

It is licensed CC BY 4.0: use it for anything, including commercially, with credit to Yard Drainage Fixes and a link to this page. See the terms.

To cite this page: Yard Drainage Fixes, “Rainwater Collection Laws by State,” verified September 27, 2026, https://www.yarddrainagefixes.com/learning-center/rainwater-collection-laws-by-state

Frequently asked questions

Is it illegal to collect rainwater?

No. Collecting rainwater from your roof is not illegal in any US state. 7 states expressly allow it by law, 4 (Colorado, Nevada, Utah and Virginia) allow it with limits, and the other 39 have no state law restricting it. Where limits exist, they cap how much you store, where you use it, or how drinking-water and plumbed systems are built. Colorado is the strictest: two rain barrels holding 110 gallons combined, used outdoors on the same property. Utah allows two 100-gallon containers without registering, or 2,500 gallons with free registration.

Which states limit rainwater collection?

Colorado, Nevada, Utah and Virginia. Colorado caps homes at two barrels and 110 gallons combined, for outdoor use on the same property. Utah allows two covered containers of up to 100 gallons each, or up to 2,500 gallons after free registration with the Division of Water Rights. Nevada exempts only "de minimus" collection from a single-family rooftop for non-drinking domestic use, with no gallon figure. Virginia exempts rain barrels but requires other non-drinking systems installed or altered since November 20, 2024 to be registered with the health department within 30 days. In 26 states, plumbing or health codes also govern systems piped into a building.

Can I drink collected rainwater?

Not straight from a barrel. Agency and extension guidance in Connecticut, Delaware, Florida and Pennsylvania, among others, says not to drink rain-barrel water. Where state rules cover drinking-water rainwater systems at a home — Idaho, Montana, Ohio, Oregon and Virginia — they require a permit or a system built to the plumbing code's drinking-water rainwater standards. Arkansas, Colorado, Minnesota, Nevada and Wisconsin limit collected rainwater to non-drinking uses or provide no route to drinking it. Texas publishes recommended, not mandatory, standards, and Hawaii's health department recommends certified treatment and lab testing. Elsewhere, ask your local health department.

Do I need a permit for a rain barrel?

Almost never from the state. In 16 states our record shows no state permit for ordinary collection, and in 31 more we found no state permit rule either way. California, Colorado and Utah require something only above a threshold: California's plumbing permit starts above 5,000 gallons for on-grade tanks feeding non-spray irrigation (360 gallons for spray irrigation), Colorado allows more than 110 gallons only with a well-linked permit, and Utah requires free registration past two 100-gallon containers. A system plumbed into the house usually needs a local plumbing permit.

Can my HOA ban rain barrels?

In Colorado and Texas, no. Colorado law stops a common-interest community from prohibiting rain barrels used under the state statute, though it can set reasonable aesthetic rules and the protection doesn't cover leased property, common elements, association-maintained property or attached units. Texas bars property owners' associations from prohibiting rain barrels or rainwater harvesting systems, though they may regulate them in front yards and set colour and screening conditions. Those are the only two state HOA protections in our 50-state records. Elsewhere your covenants decide; Florida's Southwest Florida Water Management District notes that some deed restrictions do prohibit barrels.

Why do people think collecting rainwater is illegal?

Because of Western water law. In prior-appropriation states, rain that would otherwise reach a stream can belong to someone with an older water right, so capturing it has needed legal permission. Colorado's rain-barrel statute only dates from 2016 (HB16-1005) and still caps homes at 110 gallons; Utah's allowance is written as an exception to the rule that capturing water needs a water right. Neither makes a rain barrel illegal today.

Are there rebates or tax breaks for rain barrels?

We found 4 state-level programmes, in California, Hawaii and Texas: a California property-tax exclusion, so adding a rain water capture system doesn't count as new construction for assessment (construction completed on or after January 1, 2019; the section is repealed on January 1, 2029), a Texas sales-tax exemption for rainwater harvesting equipment plus an annual Memorial Day weekend sales-tax holiday, and a Hawaii health department subsidy for lead and copper testing of catchment water. We also list 11 local programmes from their official pages, such as Austin Water's rebate of up to $5,000. Local programmes we didn't find may exist.

Do I need a water right to collect rainwater?

Usually not. Several prior-appropriation states say so expressly: California's Water Code says rooftop rainwater needs no water-right permit; Oregon exempts rain from roofs and other artificial impervious surfaces; Nevada exempts de minimus single-family rooftop collection; Utah allows limited capture notwithstanding its water-right rule; Colorado's barrels need no permit; and Washington's Department of Ecology policy says no water-right permit is needed. Colorado and Washington keep the power to restrict collection if it harms existing water rights.

Roof runoff calculator — how many gallons your roof sheds in a storm, and how much reaches each downspout
Gutter drainage: where downspout water should go — including rain barrel overflows
Rain gardens — a planted place for the overflow to soak in
Gutter size calculator — gutters and downspouts sized to your county's rainfall