Rainwater Harvesting

While the meaning of rainwater might seem obvious, for this program rainwater is any rain or snow that falls on a roof and goes through gutters and downspouts to a storage tank. The water cannot touch the ground or any surface that people walk on. You can read the Rainwater Harvesting System Regulations to learn more.

Once water from precipitation touchs the ground it is considered "stormwater" and its use has to follow regulations which are managed by the Department of Environmental Quality.

No, rain barrels are not regulated. VDH encourages the use of rain barrels but rain barrels are specifically excluded from these regulations. This is the case no matter how many rain barrels you use on your property. 

 A rain barrel is an individual container of up to 100 gallon capacity used to store and collect rainwater solely for use on a property for Tier 1 end use (defined below) 

Generally, yes.

Average annual rainfall rates in Virginia, as with most states east of the Mississippi River, are likely sufficient to support use of a rainwater harvesting system, with some precautions.  

• Use low flow plumbing features 
• Be water wise. For example, do not leave water running unnecessarily.

However, rain does not occur in predictable patterns.  

A single thunderstorm may fill your system to capacity, or your area may go several weeks with no rainfall at all. Most rainwater harvesting systems will require continuity of water supply which can be public water, a private well, or a contract with a water hauler. 

Also, using rain opens the door to new possibilities, including the use of harvested rainwater in conjunction with another water supply.  For example, a home might be designed to rely on public water or a private well for its potable supply, and on harvested rainwater for non-potable use such as toilet flushing, laundering, and outside use (irrigation, vehicle washing, etc.). Alternately, harvested rainwater might provide the potable supply, and the resulting graywater* treated for non-potable uses. 

*regulations applicable to graywater treatment and use in Virginia are pending. 

Code of Virginia Section 32.1-248.2 directs the Board of Health to adopt regulations regarding the use of rainwater to include standards for the use of rainwater harvesting systems. It also states that VDH shall:

• Promote the use of rainwater as means to reduce fresh water consumption, ease demands on public treatment works and water supply systems, and promote conservation
• Consider recognizing rainwater as an independent source of fresh water available for the residents of the Commonwealth.

These regulations address the public health aspects of the collection and treatment of harvested rainwater for both non-potable and potable use applications. Owners, deisgners, and installers of rainwater harvesting systems must also follow the Uniform Statewide Building Code and applicable local ordinances.

You can read the Rainwater Harvesting System Regulations here.

Let's start with potable water, which is water fit for human consumption: drinking, food preparation, dishwashing, bathing, showering, hand washing, teeth brushing, and maintaining oral hygiene.  Non-potable water is any water not classified as potable water. Based on water quality, non-potable water can be used for a variety of beneficial purposes which do not include human consumption.

There are three distinct categories of non-potable end use. These are called end use tiers, and are based on the water quality, intended use of the water, and associated potential for human contact through ingestion (drinking), inhalation (breathing), and skin contact.

END USE TIER 1:  Low exposure end use: Nonpotable water use where humans will rarely come into contact with the treated rainwater due to the nature of the installation that limits direct or indirect contact under normal operation. Examples include trap primers, restricted access spray irrigation, surface and subsurface irrigation, and ice rinks. In this context, restricted access spray irrigation means spray irrigation in fenced or remote locations where human visitation is controlled or prevented.

END USE TIER 2: Medium exposure end use: Nonpotable water use where human contact with treated rainwater is indirect or limited. Examples include toilet and urinal flushing, clothes washing, Heating Ventilation and Air Conditioning system evaporative cooling, and rooftop thermal cooling.

END USE TIER 3: High exposure end use: Nonpotable water use where human contact with treated rainwater is direct. Examples include hose bibs, pressure washing, firefighting or protection and fire suppression, decorative fountains, vehicle washing, and nonrestricted spray irrigation.

The end use tiers identify what is needed to collect and treat rainwater in accordance with the way the water will be used. So, depending on the end-use tier, the regulations specify:

• Materials (roofing, piping, etc.) that may be used for harvesting the rainwater
• Water quality required to be obtained by filtration and disinfection
• System operation and maintenance requirements.

No, VDH does not require a permit for the construction or operation of a non-potable use rainwater harvesting system.

However, VDH can request to see copies of documents such as Operation and Maintenance plans and records.

Once the regulations become effective (target date November 20, 2024), owners of new rainwater harvesting systems intended for Tier 1, 2, or 3 end use shall

• File a registration form with VDH within 30 days of installation of the system
• Notify VDH of the permanent discontinuation of the use of the system such that harvested rainwater is not used for any purpose.

Owners of of rainwater harvesting systems already in use prior to November 20, 2024, may also file a registration form voluntarily.

Quantity-wise, the only real limits are based on the amount of available rainwater. Precipitation typically comes in a "feast or famine" pattern, and periods of excessive rainfall occur as do long periods without rain. For this reason, system designers must accomodate for overflow during events when precipitation exceeds demand and a backup water suppply plan to ensure continuity of operations.

Qualtity-wise, the End-Use Tiers determine acceptable usage.

Yes, all use of harvested rainwater for human consumption requires a permit from VDH.

If your rainwater harvesting needs will qualify as a waterworks, you will coordinate with the VDH Office of Drinking Water.

The Rainwater Harvesting System Regulations apply to potable water systems that do not meet criteria to be classified as a waterworks. These will primarily be systems for residences. For a private system, potable end use of harvested rainwater is designated as "Tier 4. Potable water end use. Intended for human consumption," and must comply with the Rainwater Harvesting System Regulations.

This includes obtaining both a construction permit to install a system and an operating perrmit (OP) to operate and maintain the system.

1. The owner submits an application for construction permit for a rainwater harvesting system for Tier 4 use to the local health department in the locality where the proposed system would be located. The application shall include property and contact information, a statement allowing VDH access for site survey and inspection, and plans for the system to include specifications, design criteria, manufacturers literature, a schematic of the system, the proposed operation and maintenance (O&M) manual, and additional information is underground storage of rainwater is proposed. The regulations include the required standards for designers, installers, and inspectors.  VDH will have 60 days to issue, or deny, a construction permit. If a permit is denied, the applicant has the right to appeal.
2. Upon receipt of a construction permit, the rainwater harvesting system may be installed.
3. Upon completion, the installer shall submit a signed statement certifying that the system was installed, alterred, or rehabilitated in accordance with the construction permit, the regulations, and applicable state and local regulations, ordinances, and laws.
4. The designer shall inspect the system to deterimine whether the installation was completed per the design and any approved revisions, and submit a signed inspection statement.  Additional documentation addresses issues such as easements and land records.
5. Upon determinination that the required documents demonstrate installation in compliance with construction permit and the regulations, the commissioner will issue an operating permit.
6. The owner then shall operate and maintain the rainwater system, including requirements in the O&M manual (e.g., period inspection and water quality testing).

Q: Who is required to register an RHS with VDH?

A: The Owner of the RHS has the responsiblity to register the RHS; however, nothing in the Rainwater Harvesting System Regulations prevents an owner or installer from registering the system on behalf of the owner.

Q: What RHS must be registered?

A: All Tier 1, Tier 2, and Tier 3 RHS that become operational or modified on or after November 20, 2024, must ge registered within 30 days of entering service.  "Modified" means an alteration of the system which changes the capacity ot End-Use Tier(s).

Q: Is there a requirement to register RHS which became operational prior to November 20, 2024?

A: VDH does not require registration of RHS which became operational prior to November 20, 2024, but does encourage owners to voluntarily register them. In the event that a pre-existing RHS becomes modified, the modifications will need to be registered.  "Modified" means an alteration of the system which changes the capacity ot End-Use Tier(s).

Not so long as the system is functioning as designed. However, any alteration of the system which changes system capacity or End-Use Tier(s) is required to comply with the regulations.

Yes, the regulations allow flexibility in designs to meet various purposes. Designers and installers are responsible to ensure that plumbing/piping follow the Uniform Statewide Building Code.

The primary purpose of the Rainwater Harvesting System Regulations is to provide clarity regarding design standards, post-treatment water quality, and system operation and maintenance. These regulations address certain plumbing and electrical matters as a point of reference. If there is a conflict between these regulations and the Uniform Statewide Building Code with respect to construction standards, the USBC prevails.