Yes, rainwater collection is legal in Virginia, but compliance hinges on adherence to state and local water rights laws, building codes, and health regulations. Virginia’s Water Rights Act (Code § 62.1-19) permits non-potable rainwater harvesting for non-commercial uses, provided it does not interfere with downstream water rights. Local jurisdictions, such as the Fairfax County Department of Public Works and Environmental Services, may impose additional permitting for large-scale systems exceeding 5,000 gallons. The 2026 Virginia Uniform Statewide Building Code (VUSBC) will further clarify structural and plumbing standards for rainwater collection systems, aligning with the Virginia Department of Health’s guidelines for non-potable water safety.
Key Regulations for Rainwater Collection in Virginia
- Water Rights Compliance: Collection must not diminish natural flow or violate riparian rights under § 62.1-19. Excessive diversion for commercial purposes may trigger permit requirements from the State Water Control Board.
- Building Code Adherence: Systems must meet the 2026 VUSBC standards for structural integrity, filtration, and overflow management. Local building departments (e.g., Arlington County) enforce these provisions.
- Health and Safety Standards: Non-potable systems require backflow prevention devices and labeling per Virginia Department of Health regulations. Potable systems must undergo third-party certification (e.g., NSF/ANSI 61) and health department approval.