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Hayward, CA Landscaping Rules: Rainwater Harvesting (2026)

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

Key Facts

No permit
Under 5,000 gal, outdoor use
Over 5,000 gal
Plumbing permit
Screen
1/16 inch required
Rebates
EBMUD WaterSmart
Overflow
To pervious area

Summary

Rainwater harvesting is encouraged. Rain barrels up to 5,000 gallons are permit-exempt under California Rainwater Capture Act.

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. 10571. The Legislature finds and declares all of the following:

(a) As California has grown and developed, the amount of stormwater flowing off buildings, parking lots, roads, and other impervious surfaces into surface water streams, flood channels, and storm sewers has increased, thereby reducing the volume of water allowed to infiltrate into groundwater aquifers and increasing water and pollution flowing to the ocean and other surface waters. At the same time, recurring droughts and water shortages in California have made local water supply augmentation and water conservation efforts a priority.

(c) Rainwater and stormwater, captured and properly managed, can contribute significantly to local water supplies by infiltrating and recharging groundwater aquifers, thereby increasing available supplies of drinking water. In addition, the onsite capture, storage, and use of rainwater for nonpotable uses significantly reduces demand for potable water, contributing to the statutory objective of a 20-percent reduction in urban per capita water use in California by December 31, 2020. 10573. Solely for the purposes of this part, and unless the context otherwise requires, the following definitions govern the construction of this part:

(b) "Rain barrel system" is a type of rainwater capture system that does not use electricity or a water pump and is not connected to or reliant on a potable water system.

(c) "Rainwater" means precipitation on any public or private parcel that has not entered an offsite storm drain system or channel, a flood control channel, or any other stream channel, and has not previously been put to beneficial use.

(d) "Rainwater capture system" means a facility designed to capture, retain, and store rainwater flowing off a building rooftop for subsequent onsite use. 10574. Use of rainwater collected from rooftops does not require a water right permit pursuant to Section 1201.

Source: AB 1750 Rainwater ActView official code

Full Breakdown

Hayward encourages rainwater capture for landscape irrigation under the California Rainwater Capture Act of 2012 (AB 1750) and Health and Safety Code 17922.14. Single rain barrels and cisterns up to 5,000 gallons that are gravity-fed and used only for outdoor irrigation are exempt from building permits. Systems larger than 5,000 gallons or those connected to interior plumbing, including toilet flushing or laundry-to-landscape greywater, require a plumbing permit from Hayward Development Services and must comply with California Plumbing Code Chapter 17. Mosquito-proof screens (1/16 inch) are required on all openings to comply with Alameda County Vector Control rules. EBMUD offers rebates for qualifying rain barrels and cisterns through its WaterSmart rebate program. Overflow must be directed to a pervious area, not the street or storm drain.

Frequently Asked Questions

Can I use rainwater inside my home?
Only with a permitted plumbing system that meets California Plumbing Code Chapter 17 treatment standards.
How big can my rain barrel be?
Up to 5,000 gallons without a permit for gravity-fed outdoor irrigation.

Sources & Official References

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