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North Hempstead, NY Landscaping Rules: Rainwater Harvesting (2026)

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

Key Facts

Governing section
North Hempstead Code § 70-202.2C(4)
Rain barrel limit
1 barrel per roof leader
Maximum barrel size
60 gallons
Retention trigger
Impervious increase over 5% of lot or 750 sq ft
Required retention
2 1/2 inches of rainfall on site
Penalty (§ 70-235E)
Up to $1,000 fine or 1 year

Summary

North Hempstead's stormwater code allows rain barrels as an approved way to meet on-site rainfall retention rules, but caps each roof leader at one barrel of up to 60 gallons under § 70-202.2, its erosion control and stormwater management section.

A. General requirements. All construction in which there will be an increase in impervious surface area in excess of 5% of the lot area or 750 square feet, whichever is less, requires on-site retention of 2 1/2 inches of rainfall... C. Permanent erosion control and stormwater management. (1) New site development must provide for permanent erosion control and stormwater containment on site... (2) Methods for control may include, but are not limited to, swales, berms, contour modification, landscaping, rain barrels and drywells... (4) No more than one rain barrel of up to 60 gallons may be connected to each roof leader for the purpose of satisfying the requirements of Subsection A of this section.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4892187; v82 updated 2026-04-21; through 04-21-2026).

Full Breakdown

2, added in 1998 and amended several times through 2021, requires any construction that increases impervious surface by more than 5% of the lot area or 750 square feet, whichever is less, to retain 2 1/2 inches of rainfall on site. Subsection B lists acceptable erosion control and stormwater retention methods during construction, including hay bales, swales, berms, contour modification, landscaping, silt fences, rain barrels and drywells, and lets the Building Inspector require a field inspection before construction starts. Subsection C addresses permanent stormwater management after construction is complete: new site development must provide permanent erosion control and stormwater containment, again using methods such as swales, berms, contour modification, landscaping, rain barrels and drywells, with the Building Commissioner authorized to require corrective site work if existing or proposed conditions fail to control erosion or contain stormwater.

2C(4) sets the specific rain barrel limit: no more than one rain barrel of up to 60 gallons may be connected to each roof leader to satisfy the retention requirement in Subsection A. Drainage and erosion control plans supporting any of these methods must be prepared by a professional engineer, registered architect or registered landscape architect and submitted with the building permit application, and drywell placement must follow Nassau County drainage standards, though lot-size relief down to 10 feet from the normal 20-foot separation is available with a licensed architect's or engineer's certification.

Violations & Fines

Section 70-235E imposes a dedicated misdemeanor penalty for violations of § 70-202.2: a fine of up to $1,000, imprisonment of up to one year, or both, with each week of continued violation treated as a separate and distinct offense. That penalty applies whether the violation is exceeding the one-rain-barrel-per-leader limit or failing to provide the required retention, drainage or erosion control plans.

Frequently Asked Questions

How many rain barrels can I connect to my downspout in North Hempstead?
Just one per roof leader, and it cannot exceed 60 gallons, under § 70-202.2C(4). That limit applies when the barrel is being used to satisfy the Town's on-site stormwater retention requirement in Subsection A.
When does North Hempstead require on-site stormwater retention at all?
Whenever construction increases impervious surface area by more than 5% of the lot area or 750 square feet, whichever is less, per § 70-202.2A, which then requires retaining 2 1/2 inches of rainfall on site.
What happens if I install oversized or extra rain barrels to meet the retention rule?
It violates § 70-202.2C(4), and § 70-235E makes any violation of § 70-202.2 a misdemeanor punishable by up to a $1,000 fine, up to one year imprisonment, or both, with each week of the violation counted separately.

Sources & Official References

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