Nevada Statewide Rule

Nevada Authorizes De Minimis Residential Rainwater Harvesting

Few RestrictionsApplies statewide across Nevada (2026)

Key Facts

Statute: NRS 533.027
Enabling Bill: AB 138 (2017)
Permitted Use: Nonpotable domestic
Source: Single-family rooftop

Last verified: September 5, 2026Source: Nevada Legislature

Summary

Nevada law explicitly permits de minimis rainwater collection from single-family rooftops for nonpotable domestic use, including watering family gardens, under NRS 533.027 enacted by Assembly Bill 138 in 2017.

Applicability of chapter to certain emergency situations to extinguish fires and de minimus collection of precipitation. 1. The provisions of this chapter do not apply to: (a) The use of water in emergency situations to extinguish fires by a public agency or a volunteer fire department; or (b) The de minimus collection of precipitation: (1) From the rooftop of a single-family dwelling for nonpotable domestic use; or (2) If the collection does not conflict with any existing water rights as determined by the State Engineer, in a guzzler to provide water for use by wildlife. The guzzler must: (I) Have a capacity of 40,000 gallons or less; (II) Have a capture area of 1 acre or less; (III) Have a pipe length of 1/2 mile or less;

Source: Nevada LegislatureView official code

Full Breakdown

Before 2017, Nevada water law treated all precipitation as belonging to the public water system, making rooftop harvesting technically prohibited. Assembly Bill 138, codified at NRS 533.027, exempts de minimis rooftop collection from a single-family dwelling for nonpotable domestic use, which expressly includes watering a family garden. The statute also exempts certain wildlife guzzlers up to 20,000 gallons. This statewide authorization preempts municipalities from banning small residential rain barrels, though cities may still regulate cistern setbacks, mosquito abatement, and structural permits for large tanks.

Violations & Penalties

No state penalties exist for compliant residential rainwater capture. Unpermitted oversized cisterns or systems plumbed to potable fixtures may face local building code citations and corrective orders.

Frequently Asked Questions

Can I legally collect rainwater in a barrel in Nevada?

Yes. NRS 533.027 allows de minimis rooftop collection at a single-family dwelling for nonpotable domestic uses, including garden watering. No state water right or permit is required.

Can a Nevada city or HOA ban rain barrels outright?

Cities cannot ban statutorily authorized de minimis rooftop collection. HOAs may impose reasonable aesthetic standards, but blanket prohibitions on small residential systems are inconsistent with state policy.

Sources

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