Rainwater harvesting is legal in unincorporated San Benito County and across California. State law (the Rainwater Capture Act of 2012) lets property owners collect rooftop rainwater without a water-right permit. Simple rain barrels need no permit, though larger systems and any plumbing tie-ins follow building codes.
California broadly encourages rainwater harvesting, and San Benito County has no ordinance prohibiting it. Under the Rainwater Capture Act of 2012 (Assembly Bill 1750) and California Water Code Section 10573, collecting and using rainwater that falls on your own property is not treated as a diversion of water resources and does not require a water-right permit from the State Water Resources Control Board. Homeowners can install and operate rain barrels and rooftop catchment systems for irrigation and other approved uses. Small, simple rain-barrel systems generally do not need a building permit, but larger storage tanks, systems integrated with household plumbing, or those used for indoor non-potable uses like toilet flushing are subject to the California Plumbing Code and may require a permit and backflow protection. Harvested rainwater is limited to non-potable uses such as landscape irrigation; it cannot be used for drinking, bathing, or showering without appropriate treatment. Systems should be sealed and screened to prevent mosquito breeding and contamination. The state's MWELO landscape rules, which the County follows, also actively encourage capturing rainwater as an alternative water supply. Check with County Building before installing a large tank or any system connected to interior plumbing.
There is no penalty for ordinary rainwater collection. Compliance issues typically arise only when a large or plumbed-in system is installed without a required building or plumbing permit, or when a tank is left uncovered and becomes a mosquito or contamination hazard subject to vector-control or nuisance enforcement.
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See how San Benito County's rainwater harvesting rules stack up against other locations.
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