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Berkeley, CA Landscaping Rules: Rainwater Harvesting (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Rain barrels
Under 5,000 gal - no permit
Larger cisterns
Plumbing permit required
Use
Outdoor/non-potable
EBMUD rebate
35 dollars/barrel
Mosquito screens
Required

Summary

Rain barrels under 5,000 gallons are allowed without permit in Berkeley. Larger cisterns and any potable connection require plumbing permits and state code compliance.

PART 2.4. Rainwater Capture Act of 2012. 10570. This part shall be known, and may be cited, as the Rainwater Capture Act of 2012. This bill would enact the Rainwater Capture Act of 2012, which would provide that use of rainwater collected from rooftops does not require a water right permit from the state board. (4) A rainwater capture system, as defined in Section 10573 of the Water Code, used exclusively for landscape irrigation or as a water supply for a fountain, pond, or similar decorative water feature in a landscaping project.

Source: CA Plumbing Code Chapter 17 Rainwater SystemsView official code

Full Breakdown

Berkeley actively encourages rainwater harvesting as part of its Climate Action Plan. Under California Health and Safety Code Section 114.5 and the California Plumbing Code Chapter 17, rain barrels and cisterns up to 5,000 gallons used for outdoor, non-potable purposes (irrigation, toilet flushing with permit) do not require a state permit. Berkeley does not impose a local permit for simple rain barrels connected to downspouts, provided they are screened to prevent mosquito breeding (per Alameda County Vector Control), have overflow diversion to landscape not storm drain, and are secured against tipping. Tanks over 5,000 gallons, indoor plumbing connections, and any potable use require a Berkeley Building and Safety plumbing permit under BMC Chapter 19.28, plus backflow prevention. EBMUD offers rebates of 35 dollars per rain barrel and up to 1,000 dollars for cisterns. Greywater systems under 250 gallons per day (laundry-to-landscape) are permit-exempt under California Plumbing Code Chapter 16. Contact Permit Service Center at (510) 981-7500.

Frequently Asked Questions

Can I connect rainwater to my toilet?
Yes, with a Berkeley plumbing permit and an approved treatment/backflow system per CPC Chapter 17. Purple-pipe labeling and dual plumbing are required to prevent cross-connection with potable supply.
Do I need to screen my rain barrel?
Yes. Alameda County Mosquito Abatement requires 1/16-inch mesh screens on all open water containers. Unscreened barrels can be cited as a public health nuisance.

Sources & Official References

Other rules in Berkeley

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