Virginia Regulatory Town Hall
Agency
Virginia Department of Health
Board
State Board of Health
chapter
Rainwater Harvesting Systems Regulations [12 VAC 5 ‑ 635]
Action is Exempt from Article 2 of the Administrative Process Act
Action:
Amend Regulation to Revise Rain Barrel Definition
Action 6786
 
General Information
Action Summary The Rainwater Harvesting System Regulations provide standards for the use of rainwater harvesting systems, including systems that collect rainwater for human consumption. The Regulations promote the use of rainwater as means to reduce fresh water consumption, ease demands on public treatment works and water supply systems, and promote conservation. The Regulations establish the relationship with the statutes and regulations applicable to other agencies and seek to avoid duplication of regulatory oversight for both non-potable uses of harvested rainwater and potable use for users below the threshold qualifying as a waterworks. The Regulations also establish administrative processes for permitting, inspecting, and issuing construction and operation permits for intended potable rainwater harvesting systems, along with appropriate exclusions from the regulations (e.g. rain barrels are excluded). The existing exclusion of the use of rain barrels identifies a rain barrel as an individual container of up to 100-gallon capacity used to collect and temporarily store rainwater solely for Tier 1 end use. This capacity limitation is inconsistent with national customary practices and subjects users of rain barrels of over 100-gallon capacity to the full requirements of the Regulations. This represents an economic burden on a community intended to be excluded from regulation. The proposed change to the regulations is to eliminate a capacity limitation from the definition of a rain barrel
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act, but falls within the Executive Branch and will be reviewed by the Governor's Office.
RIS Project Yes  [8315]
New Periodic Review This action will not be used to conduct a new periodic review.
 
Stages
Stages associated with this regulatory action.
Stage ID Stage Type Status
10815 Final Stage complete. This regulation became effective on 10/08/2025.
 
Contact Information
Name / Title: Julie Henderson  / Director of Environmental Health Services
Address: Virginia Department of Health
109 Governor Street
Richmond, VA 23235
Email Address: julie.henderson@vdh.virginia.gov
Phone: (804)864-7455    FAX: (804)864-7475    TDD: (800)828-1120

This person is the primary contact for this chapter.