North Dakota Statewide Rule
North Dakota Rainwater Harvesting and Water Rights
Key Facts
- Residential rooftop
- Generally allowed
- Permit threshold
- 12.5 acre-feet/year
- Statute
- N.D.C.C. ch. 61-04
- Regulator
- Department of Water Resources
- Potable use
- Plumbing code applies
Summary
North Dakota generally permits rooftop rainwater collection for non-potable residential use. State water appropriation law under N.D.C.C. ch. 61-04 governs surface and groundwater diversion, but small-scale rainwater capture from impervious surfaces is not regulated as an appropriation.
All waters within the limits of the state from the following sources of water supply belong to the public and are subject to appropriation for beneficial use and the right to the use of these waters for such use must be acquired pursuant to chapter 61-04: 1. Waters on the surface of the earth, excluding diffused surface waters but including surface waters whether flowing in well-defined channels or flowing through lakes, ponds, or marshes which constitute integral parts of a stream system, or waters in lakes;
Full Breakdown
North Dakota does not impose statewide restrictions on residential rainwater harvesting from rooftops or building surfaces. The State Engineer regulates water appropriation under N.D.C.C. ch. 61-04, requiring permits for diversions exceeding 12.5 acre-feet per year or for any commercial use. Rooftop collection for landscape irrigation, gardening, and non-potable household use generally falls outside permit thresholds. Potable indoor use may trigger plumbing code requirements. North Dakota recognizes prior appropriation doctrine, so large-scale capture that diminishes downstream flows may require a permit from the Department of Water Resources.
Violations & Penalties
Unpermitted appropriation exceeding state thresholds may result in cease-and-desist orders and civil penalties under N.D.C.C. 61-04-08.
Frequently Asked Questions
Do I need a permit to collect rainwater in North Dakota?
Can I use harvested rainwater for drinking?
Sources
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