Policy and Legislation
This is in contrast to some other states, where there is some type of state-level regulation, either prohibiting or permitting it. Colorado and Utah have had laws actually prohibiting rainwater capture, because it could infringe upon the water rights of a party downstream! Oregon, on the other hand, has a State Code Appendix M, which sets performance-based criteria for approving RWH systems. As of early 2010, the City of Portland may be the most progressive US city, specifically permitting rainwater to be used as a drinking water supply. In October 2008,Tucson, AZ passed the nation’s first law to require rainwater collection on commercial properties to defray potable water use on landscaping.
It may not be a bad thing that California has no language in our state building codes referring to RWH. This means that local governments can regulate more freely. San Francisco is one of a growing number of cities taking the lead toward allowing RWH for toilet flushing as well as irrigation. SF does require building permits, but the plumbing code lays the groundwork by specifically allowing water collected on structures to be directed to an “alternate location” other than drains or sewers, such as toilet flushing and clothes washing, subject to approval.
Since this area is relatively new and changing rapidly, start by checking with your city and/or county for what local regulations apply. You can set up rain barrels attached to downspouts for watering the garden or rinsing off the dog at your home without any question in nearly all of California. Even a larger system designed for landscape irrigation only can be built without permitting, again, in most of California. But a more complex system with permanent storage containers, for indoor use, or having any interconnections with other plumbing (via irrigation makeup water, for example) will decidedly require building permits.
County planning, public health and environmental health agencies, and city plumbing, building and public works departments could all potentially have some authority over your system. Building officials will likely deal with projects on a case-by-case basis, and there may be widely differing interpretations. An experienced designer can be very helpful. As more RWH systems cross their desks, local officials will be pressured to develop protocols and agreements between departments to facilitate the permitting process.
In fact, all local jurisdictions are under intense federal and state pressure to limit stormwater runoff pollution. Indoor use of harvested rainwater offers an ideal solution, since it holds runoff and slowly transfers it to sewers or septic systems, where it will be treated before reaching rivers or the ocean. With proper landscape techniques in place, rainwater used for irrigation will be captured and then later infiltrate the ground rather than running into storm drains. A green roof shares these same positive characteristics. Local authorities may treat your application for permits quite favorably if you emphasize these benefits.
Some cities and utilities offer rain barrels, rebates, incentives and programs that promote the practice of RWH.
- Read Wholly H2o’s Codes and Regulations [internal link]
- Search Wholly H2o’s Rebates, Incentives, Programs [internal link]
- More details about RWH legislation in Texas
