By Jesse Savou, M.A., ARCSA A.P., ASSE 21110 & 21120 Certified Rainwater Catchment Systems Designer/Installer, Founder of BlueBarrel Rainwater Catchment Systems
Here at BlueBarrel, we love highlighting customer projects on our website, Facebook, and Instagram.
But these days we can hardly post on social media without commenters claiming rain barrels are illegal. In 10+ years of speaking professionally about rainwater harvesting, it's one of the more questions I get:
Aren't rain barrels illegal?
No. Rain barrels are not illegal. Not if they are properly designed, anyway.
What Gives? Where do the Nasty Rumors Come From?
After fielding the question for so many years, I have a few theories:
Tim The Tool Man: "Did you know you're not allowed to collect water from your own roof?"
Wilson: "You don't say...."
1. It's a fun rumor to spread. In a time when it's popular to distrust the government, it’s satisfying to grumble to your neighbor that you aren’t even allowed to collect water that falls from the sky.
2. In limited cases, it used to be illegal. Colorado is one of the only states that once had a statewide ban. Rainwater harvesting wasn't outlawed in name, but due to interpretations of a complicated set of laws governing the Colorado River (the prior appropriations doctrine), water falling in Colorado was determined to be owned by users downstream. In 2016, Colorado passed HB16-1005, officially legalizing rainwater harvesting. [More about that story here.] Nevada also had restrictions, but eased those in 2017 to allow rain barrels and large tanks.
3. When unsafe/code-violating systems get cited, it causes unfair assumptions that rainwater harvesting itself is illegal. Many folks mention the 2012 case of an Oregon man being penalized for collecting water. What has become popular legend is really the case of a rural resident building 13 million gallons of reservoir storage on his property, diverting the watershed. It's worth noting, the small-scale practice of collecting rainwater from rooftops is generally encouraged in Oregon. In other cases, when users do not follow codes that allow rainwater harvesting (e.g. not correctly screening for debris, and mosquitoes; installing tanks on unstable surfaces; adding unpermitted electrical hookups; or including unsafe cross-connections between potable and non potable water sources...), they may be dinged for those specific violations.
To be clear, well-designed, code-compliant rain barrels like the BlueBarrel System™ are not illegal anywhere.
Click the map to view the legal status of rainwater harvesting in all 50 states!
While I groan about social media maraudeurs spreading this false rumor on so many of our posts, it offers a good opportunity engage in dialog to highlight the truth.
When someone insists that rainwater harvesting is illegal, I ask them to cite the local code that outlaws it. In my 10+ years as a rainwater harvesting professional, not one person has done that, though many mention that watershed-diverting case in Oregon.
If you're inspired to look up regulations in your area, I'll give you a cheat. Check out this interactive state-by-state map from the U.S. Federal Energy Management Program. Notice that Colorado and Nevada, as mentioned, are in limited (but not illegal) status. Also note the states designated with "regulations" specifically point to regulations allowing, encouraging, and even incentivizing rainwater harvesting.
What a relief!
To Conclude, I Have a Four-Part Challenge for You
1. Don't be that person who posts uninformed comments.
Jesse draws from an 8-barrel system. With a total of 18 barrels at her California residence, she has just shy of 1,000 gallons of storage capacity. The city rebates $0.25 per gallon!
2. If you believe rainwater harvesting may be illegal where you live, take a moment to research. Search your town, county, and state laws. For a state-by-state overview, start here. An easier approach may be to search for rebates and incentives. If you find your local water agency incentivizes rainwater harvesting, you can be darned sure it is not illegal. (If you do find a law on the books about rainwater harvesting, send us the reference so we can keep this article up to date.)
3. Tell everyone you know that rainwater harvesting is good for the environment, helps us be more self-sufficient, and is encouraged in many places! You can do so by sharing this post, or our Facebook and Instagram profiles.
4. If you're feeling newly inspired, build a system for yourself and share your experience to inspire others. We’re here to help!
The only way to combat the spread of false rumors is with the truth. So, for the sake of our water supply and happy gardens everywhere, help us spread the good word!
A Note on HOAs and How To Advocate
Some Homeowner Associations (HOAs) disallow rain barrels in their bylaws. This is usually driven by aesthetic uniformity standards, and does not indicate they are unsafe or illegal at large.
Luckily, most HOAs review bylaws frequently and members can influence them by demonstrating community-wide benefits.
If you are are working with HOA restrictions, bring these key points to the leadership:
1. Debunk misconceptions about the legality of rain barrels. As the primary theme of this article, many HOA board members may assume rainwater harvesting is illegal altogether. With the help of this article, you can convince them it's not. Share link here.
2. Highlight the environmental benefits of rainwater harvesting. Water management is a big issue for many HOAs. Emphasizing conservation in drought-prone areas, runoff mitigation in flood-prone areas, (and overall watershed health everywhere), may help get the support you need. Many HOAs have an environmental officer that can help you advocate. Resource link here.
3. Address aesthetic concerns. Rain barrels can be beautiful, and can be masked or painted to meet visual uniformity standards. Share this article on barrel painting, and this one with more ideas for masking and concealing rain barrels.
4. Leverage bulk discounts and cost sharing programs. If your HOA is ready to allow BlueBarrel Systems as a code-compliant solution to help members be more water-self-sufficient, contact us for group discount options. You may also qualify for local rebates.
