You can collect rainwater in Ohio legally, even if this rainwater harvesting is going to be used for drinking water. No, it’s not illegal to harvest rainwater in Ohio. Water conservation measures such as rainwater harvesting are encouraged in Ohio and the collection of rainwater for both potable and non-potable uses is explicitly allowed. The key characteristics that differentiate Ohio from the other states in this series are its legal stance on potable use, and its administrative approach that mandates permits and system compliance requirements even for non-potable collection. Knowing exactly what the permit requirement entails, what the Ohio Department of Health and Ohio Environmental Protection Agency regulate, and what technical standards apply to your system is what every Ohio homeowner should know when considering rainwater collection.
Key Takeaways
- Rain water harvesting is legal in Ohio. There is no statewide rainwater collection ban in Ohio. The state promotes water conservation, such as rain water harvesting.
- Rainwater harvesting is legal in Ohio, even for potable purposes. Of the handful of states in this series that specifically allow collected rainwater to be used for drinking, Ohio is one.
- Ohio Rev. Code Section 3701.344 states that private water systems that provide drinking water to fewer than twenty-five people are regulated by the Ohio Department of Health. The ODH has plans available for rainwater harvesting system development.
- All Ohioans who want to collect rainwater must obtain a Water Use and Reporting Permit or other administrative authorization to collect and store rainwater for any purpose, including non-potable. This is one of the few states in this series that has a permit requirement.
- Self-regulating valves, rain gauges, water level indicators and overflow devices are required by the state to ensure safety. Collection tanks should be checked on a regular basis.
- There are no limits on rainwater collection for residential use in Ohio, and rainwater harvesting is an integral component of stormwater management and conservation.
- There are no current state incentives to encourage Ohio residents to save rainwater.
- The University of Toledo provides rainwater harvesting information to Ohio residents.
What Ohio Law Says About Collecting Rainwater
Rainwater collection is legal in Ohio, but there are some restrictions on the use and storage of the water in compliance with Ohio statutes. In most cases, rainwater collection in Ohio is legal. Rainwater can be collected for personal use, but there are regulations regarding the collection and use of rainwater. Knowing these rules will help prevent legal issues and safe use of rainwater. Rainwater harvesting is encouraged in Ohio as a method of conserving water. But you need to comply with State and local requirements to ensure that your collection system is health and safety compliant.
Ohio is a water rights state that is based on riparian rights, meaning water is connected to land ownership. The state of Ohio adopts the doctrine of riparian water rights that are based on land ownership. It is the same water rights framework used in the eastern states of Florida, Michigan, Indiana and Tennessee, and eliminates the previous western states water rights restrictions that were based on “first in time, first in right” principles.
Ohio Rev. Code Section 3701.344 states that private water systems that provide drinking water to fewer than twenty-five people are regulated by the Ohio Department of Health. The Ohio Department of Health has plans available for the development of rainwater harvesting systems. The University of Toledo has resources for harvesting rainwater.
The Permit Requirement: Ohio’s Legal Difference
This is the biggest legal difference Ohio has with most of the other states in this series and the most important thing that every Ohio homeowner needs to know before starting any rainwater collection project.
Sadly, every Ohio resident who intends to collect rainwater has to get a Water Use and Reporting Permit or another administrative authorization to collect and store rainwater for even non-potable uses.
This is a requirement that is much more expansive than the requirement in most other states. There is no permit for any residential system in Florida. No permit is needed for outdoor, non-potable systems in Texas. Standard rooftop collection is not subject to permitting in California. The requirement for a Water Use and Reporting Permit to collect even minimal amounts of non-potable water is one of the most extensive administrative requirements of any state included in this series for Ohio.
The permit process is a two-way process between two major state agencies, and is guided by an administrative code.
Between the Ohio Environmental Protection Agency and Ohio Department of Health, there is an administrative code that delineates the laws and guidelines for every single step, bolt and procedure of rainwater harvesting.
Ohio EPA and Ohio Department of Health: The Dual Regulatory Framework
There are two separate Ohio state agencies that manage rainwater collection, each with authority over different aspects of rainwater collection systems.
Ohio Environmental Protection Agency (OEPA): Regulates environmental and water management issues related to rainwater collection, such as stormwater management integration and environmental compliance for larger systems.
Ohio Department of Health (ODH): Regulates the health and safety requirements of rainwater systems, especially those designed for potable water. The ODH provides plans to develop rainwater harvesting systems and technical guidance for homeowners building compliant systems.
The state mandates self-regulating valves, rain gauges, water level indicators, and overflow devices for safety reasons. Furthermore, the collection tanks should be periodically inspected, and the permit must specify compliance with collection tank size requirements, and any required disinfection treatment for the safe delivery of the collected water to the intended use. There are even specifications for the dispersion of excess overflow.
The technical specification level is more detailed than in many other states that have similar requirements, and it is consistent with the approach Ohio took in its broad collection policies with meaningful safety and quality oversight of the systems employed.
Potable Use of Collected Rainwater in Ohio
It is a significant difference for the state of Ohio and the most liberal of the states included in this series.
It is legal to harvest rainwater in Ohio, including for potable use.
In most states in this series, including California and Florida, untreated collected rainwater is typically only used for non-potable purposes, and aspirations to potable use are generally expressed in health guidelines, not as explicit permission. In contrast, Ohio has an explicit statutory pathway for potable use of private water systems that provides drinking water to fewer than 25 people, which is regulated by the Ohio Department of Health (ODH) that most states do not have.In contrast, Ohio has an explicit pathway for potable use of private water systems that provide drinking water to fewer than 25 people, which is regulated by the Ohio Department of Health (ODH) that most states do not have.
This means that an Ohio homeowner can design a rainwater collection system to serve as a source of drinking water for their household, and do so legally, as long as their system meets the requirements of the Ohio Department of Health for private water systems, and complies with the requirements for collection systems in Ohio applicable to all collection systems.
Technical Requirements for Ohio Rainwater Collection Systems
The Ohio Administrative Code sets forth certain technical requirements for rainwater collection systems that are applicable in a variety of aspects.
Permit requirements are that the water is collected in a storage container that meets size limits, and that it is treated in accordance with disinfection requirements to make it safe for the intended use.
The technical requirements that Ohio homeowners must meet include:
- Prevents backflow and regulates water flow in the system with self-regulating valves.
- Rain gauges to measure collection amounts
- Water level indicators to monitor storage capacity
- Water overflow mechanisms to ensure that excess water is safely dispersed outside of the system’s capacity
- Regular tests of collection tanks by trained staff.
- Storage containers that are appropriate for the purpose and comply with state size requirements.Storage containers that are the right size for the purpose and comply with state size requirements.
- Any system that is used for potable water should be treated by disinfection.
- Specifications for excess overflow dispersal that protects surrounding property and public drainage systems.
The requirements are consistent with Ohio EPA and ODH’s holistic perspective on the safe operation of rainwater collection systems, which will not pose public health or environmental risks.
Ohio’s Stormwater Management Context
There are no limits on rainwater collection in the state of Ohio and the state promotes rainwater harvesting as a component of stormwater management and conservation. Suppose you own a home in Columbus and are looking for ways to save money on your water bills by using your collected rainwater to water your yard. There are no legal restrictions in Ohio. Barrels, cisterns, or larger systems need not be registered, permit, or have a capacity limit.
This characterization seems to be in conflict with the permit requirement outlined in a more detailed source analysis. The best interpretation of Ohio’s framework is that basic rain barrel installations for garden irrigation are on the low end of the spectrum where the rules and regulations of the permit are not being enforced, while the larger cisterns intended for regular household use are on the high end of the spectrum where the rules and regulations of the permit are being enforced.
Harvesting is promoted as a stormwater management tool in Ohio. This is a stormwater context. Columbus, Cleveland and Cincinnati, Ohio, among other communities, have been investing heavily in green infrastructure programs that view rainwater collection as a stormwater management tool. The harvesting of the plant material is encouraged by the state to improve the water quality in the municipal area as it will decrease the volume of stormwater flow that would overload combined sewer systems in heavy rain.
Financial Incentives in Ohio: A Notable Absence
In Ohio, there are no state incentives to promote rainwater harvesting.
That’s a difference from Texas, California, Arizona and Virginia, which have state tax incentives for rainwater collection equipment. The Ohio solution is to allow collection and offer technical assistance via ODH and the University of Toledo, but not offer financial incentives to promote adoption.
There may be local conservation incentive programs in some counties and municipalities in Ohio that are not reflected in statewide policy. Asking your local water system or county extension office about programs in your area might uncover local programs available in your area.
How Ohio Compares to Other States
| State | Legal Status | Volume Limit | Permit Required | Tax Incentive | Potable Use Permitted | Key Framework |
| Ohio | Legal with admin requirements | None | Yes (Water Use and Reporting Permit) | No | Yes (ODH regulated) | Ohio Rev. Code 3701.344 |
| Florida | Legal and encouraged | None | No | No (local rebates) | Yes (with treatment) | Riparian rights; FL Building Code Ch. 29 |
| Texas | Legal and strongly encouraged | None | No (outdoor) | Yes (sales tax exemption) | No (outdoor only without permit) | HB 3391; Tax Code 151.355 |
| California | Legal and encouraged | None | No | Yes (property tax exemption) | No (with treatment only) | Rainwater Capture Act 2012 |
| Indiana | Legal | None | No | No | No | No restrictions |
| Michigan | Legal | None | No | No | No | No restrictions |
| Tennessee | Legal | None | No | No | No (without treatment) | SB 2417/HB 1850 |
| Virginia | Legal and encouraged | None | No | Yes (tax credit) | No | State encouragement |
| Arizona | Legal and encouraged | None | No | Yes | No | Tax incentives |
| Colorado | Legal with restriction | 110 gallons | No (within limit) | No | No | HB 16-1005 |
| Utah | Legal with restriction | 2,500 gallons | Yes (over 100 gal) | No | No | Registration required |
The permit requirement for even the simplest non-potable collection sites puts Ohio on par with Utah as one of the states with the highest administration requirements in this series. But the Ohio distinction of allowing potable use with oversight from the Ohio Department of Health is a significant distinction that most of the other states included in this comparison do not allow for.
Local Considerations in Ohio
Permit and technical requirements are state-level (OEPA and ODH). There may be other requirements or programs offered by local governments in Ohio.
There is no statewide ban on rain water collection in Ohio. The state encourages water conservation, such as rainwater harvesting.
The major urban areas of Ohio, such as Columbus, Cleveland, Cincinnati, and Toledo, have all created stormwater management programs in which the capture of rainwater is considered a positive action. In addition, some of these municipalities may have local rebate programs or technical assistance resources that are in addition to the statewide ODH guidance. Contacting your local utility or county extension office prior to installation may provide information on local resources and/or confirm any municipality-specific requirements.
Practical Steps for Ohio Homeowners
The following practical steps are a sure way to ensure complete compliance before installing any rainwater collection system in Ohio:
- Call the Ohio Department of Health to find out the Water Use and Reporting Permit process for your proposed system
- Check ODH plans for rainwater harvesting systems – these are available and give technical advice on designing compliant systems – available to the public.
- Please refer to the University of Toledo rainwater harvesting resources for technical information on components and installation of a rainwater harvesting system.
- Make sure your system design includes all necessary components such as self-regulating valves, rain gauges, water level indicators and overflow devices.
- Ensure storage container is in accordance with state requirements in size and material for use
- Consider disinfection treatment in system design for potable use according to ODH standards for private water systems.
- Check with your local water utility or county extension office for any local conservation programs or rebates
- If you live in a planned community, check your HOA’s governing documents.
Also Read: Is It Illegal To
Expert and Legal Perspectives
In Ohio, rainwater harvesting is legal, even for potable water. Ohio Rev. Code Section 3701.344 states that private water systems that provide drinking water to fewer than twenty-five people are regulated by the Ohio Department of Health. The Ohio Department of Health has plans to help develop rainwater harvesting systems.
Rainwater harvesting is legal in Ohio regardless of whether this rainwater harvesting will be used for drinking water. None of the states ban rainwater harvesting altogether.
There exists an administrative code between OEPA and ODH which outlines the laws and guidelines for each and every step, bolt and procedure in rain water harvesting.
Conclusion
Rainwater harvesting is legal in Ohio. Rainwater collection is not prohibited in the State of Ohio, and is explicitly encouraged as a component of the State’s stormwater management and water conservation strategies. One of the few states in this series that explicitly allows collected rainwater for potable use is Ohio, which is governed by Ohio Rev. Code Section 3701.344 and under the direction of the Ohio Department of Health for private water systems serving less than 25 people.
The one thing that sets Ohio apart from the more liberal states in this series is the administrative permit requirement. All Ohio residents who wish to collect rainwater, regardless of the purpose, are required to have a Water Use and Reporting Permit or an administrative authorization. Technical requirements for systems include self-regulating valves, rain gauges, water level indicators, overflows and periodic tank inspections. Unlike Texas, California, Virginia and Arizona, there is no state-level financial incentive for rainwater collection in Ohio.
The most effective way for Ohio homeowners to build a rainwater harvesting system that meets the requirements of their local county is to contact the Ohio Department of Health prior to any installation to learn what permits are required and the technical standards for the system they wish to implement, and to follow the Ohio Department of Health’s published plans for developing compliant rainwater harvesting systems.
To check out the national legislation regarding rainwater collection, go to Is It Illegal to Collect Rainwater?
Frequently Asked Questions
1. Does it cost anything to collect rainwater in Ohio?
There is no statewide law prohibiting rainwater collection in Ohio. The state is promoting water conservation, including rainwater harvesting. But, in Ohio, collection systems must be licensed through a Water Use and Reporting Permit and there are technical requirements for all collection equipment.
2. In Ohio, is it illegal not to have a rainwater collection permit?
Every Ohio resident who intends to collect rainwater has to get a Water Use and Reporting Permit or another administrative authorization to collect and store rainwater for even non-potable uses. Please check with the Ohio Department of Health for the permit process of your planned system.
3. In Ohio, can you drink the collected rainwater?
Ohio allows rainwater to be collected, even for drinking water. The Ohio Department of Health regulates private water systems that serve less than 25 people for drinking water under Ohio Rev. Code Section 3701.344. Systems should comply with ODH requirements such as proper disinfection treatment.
4. What are the technical requirements for rainwater collection systems in Ohio?
Self-regulating valves, rain gauges, water level indicators and overflow mechanisms must be installed to ensure safety. Collection tanks must be checked from time to time and there are standards for the size of storage containers that must be met for them to receive a permit.
5. Are there any financial incentives in Ohio for rainwater collection?
Ohio currently does not have any state-level financial incentives to encourage its citizens to collect rainwater. Please contact your local water company or county extension office to determine if there is a local rebate program in your municipality.
6. Ohio homeowners can obtain technical information about rainwater collection systems from what?
Rainwater harvesting system development plans are available for the general public and are developed by the Ohio Department of Health. The University of Toledo also provides rainwater harvesting information for Ohio homeowners.
