Yes, rainwater collection is legal in North Dakota, but subject to state water rights laws and local ordinances. The North Dakota State Water Commission (NDSWC) permits limited domestic use under N.D. Admin. Code § 89-03-03-08, provided it does not interfere with existing water rights or public water supplies. Municipalities like Fargo and Bismarck impose additional restrictions, particularly for commercial or large-scale systems.
Key Regulations for Rainwater Collection in North Dakota
- Water Rights Priority: Collection must not diminish surface or groundwater sources protected under N.D. Cent. Code § 61-04-06, which prioritizes senior water rights holders. Unauthorized diversion risks injunctions or fines.
- Permit Requirements: Systems exceeding 1,000 gallons require approval from the NDSWC under N.D. Admin. Code § 89-03-03-09. Small residential setups (e.g., rain barrels ≤ 50 gallons) are typically exempt but must comply with local codes.
- Public Health Standards: Collected water intended for potable use must meet N.D. Admin. Code § 33-12-01 standards, mandating filtration and disinfection. The North Dakota Department of Environmental Quality (NDDEQ) enforces these rules, with 2026 updates expected to tighten testing protocols for non-potable systems.
Local governments may impose further constraints, such as Fargo’s 2023 ordinance requiring permits for systems over 200 gallons. Always verify with the NDSWC and municipal authorities before installation.