By State › Virginia
Virginia: Laws & Legal Considerations
Download all of Virginia as PDF PrintRainwater harvesting: the most developed regulatory framework covered on this site
Virginia is the only state covered here with a full, dedicated administrative code chapter specifically governing rainwater harvesting systems, including potable use, effective October 2024.
| Rule | Virginia |
|---|---|
| Source water | Rooftop or other catchment |
| Non-potable use | No permit required for rain barrels up to 100 gallons; larger non-potable systems generally unregulated by the state |
| Approved non-potable uses | Toilets, urinals, mechanical equipment, hose connections, vehicle washing, lawn maintenance, service sinks |
| Potable use ("Tier 4 end use") | Requires a written construction permit from the Virginia Department of Health commissioner before installation, alteration, or rehabilitation |
| Underlying framework | Code of Virginia §32.1-248.2; 12VAC5-635 Rainwater Harvesting System Regulations, effective October 21, 2024 |
Why Virginia's system stands out
Ohio was the first state covered on this site to allow potable rainwater use at all; Virginia goes further, with an actual tiered permit system and a dedicated regulatory chapter specifically for it, rather than folding rainwater into a general private-water-system rule. This reflects a more deliberate state-level effort to make potable harvesting a real, regulated option rather than an edge case.
Where to find it: the Virginia Department of Health (vdh.virginia.gov) administers the permit program.
Water rights: riparian, with a specific numeric diversion cap
Virginia’s riparian law is the ordinary reasonable-use doctrine, but it’s paired with an explicit percentage limit that most other states covered on this site don’t state as a hard number.
| Concept | How it works in Virginia |
|---|---|
| Surface water | Riparian owners may withdraw water for use on their own riparian property; water can't be exported to non-riparian land |
| Diversion cap | No more than 50% of streamflow may be diverted for a single property without a state permit |
| Groundwater | Governed separately under the Virginia Ground Water Management Act (1992); no permit required for withdrawals under 300,000 gallons/month in a designated groundwater management area |
Where to find it: the Virginia Department of Environmental Quality administers surface water and groundwater withdrawal permits.
Concealed carry: shall-issue, with a notably flexible competency option
Virginia requires a Concealed Handgun Permit (CHP), issued through the circuit court in the applicant’s county, with a competency requirement that can be satisfied in an unusually flexible way.
| Requirement | Detail |
|---|---|
| Standard | Shall-issue: the circuit court of the applicant's county or city issues the CHP |
| Minimum age | 21 |
| Competency demonstration | Can be satisfied by a hunter education/safety course, an NRA Basic Pistol course, or several other approved methods, not just a dedicated concealed-carry class |
| Cost and validity | ~$50 state fee, valid 5 years, $50 renewal |
| Processing time | Up to 45 days after a complete application |
An unusual competency pathway
Letting a hunter education or hunter safety course satisfy the concealed carry competency requirement is a genuinely different approach from the dedicated firearms-training courses required in most other states covered on this site, useful to know if you already hold a hunter safety certification from Virginia or another state.
Sources
- Virginia rainwater harvesting regulations and permit tiers: Virginia Department of Health; 12VAC5-635
- Virginia riparian rights, diversion caps, and groundwater law: University of Richmond Law Review; Waterfront Property Law
- Virginia CHP requirements and competency options: Alien Gear Holsters; Giffords Law Center