LEGISLATION ON RAINWATER HARVESTING

April 05, 2010

Implementation of the Bye-Laws in different States & Cities

KERALA Reform

• The Kerala Municipality Building Rules, 1999 were amended by a notification dated  January 12, 2004 (Local Self Government Department Notification) issued by the

Government of Kerala to include rainwater harvesting structures in new constructions.  Exemption from this can be granted for cases where water logging is common or in areas with impermeable subsoil conditions to considerable depths.

Steps Taken/Status

 
Administrative Measures
Implementation
Monitoring
Technical
Awareness Generation/ Stakeholder Involvement
Incentives
Mandatory
 
Implementation of RWH structures was distributed amongst different agencies: Kerala Water Authority (1231 of the 6,000 subsidized structures) and Jalanidhi (816 of the 6,000 subsidized structures) Kerala Government plans to take up 8,750 wells for RWH
   
Multiple ownership has been found to work more effectively in case of RWH. RWH structures in flats with multiple owners are maintained better than those in individual houses.
Kerala Government planned to subsidize the construction of 6,000 water harvesting units in 2007 (distributed amongst Kerala Water Authority and Jalanidhi). KWA would grant a subsidy of 90% whereas Jalanidhi would grant 75% subsidy.
 

 

NEW DELHI Reform • Since June 2001, the Ministry of Urban Development has made rainwater harvesting mandatory in all new buildings with a roof area of more than 100 sq. m. and in all plots with an area of more than 1000 sq. m., that are being developed.

• The Central Ground Water Authority (CGWA) has made rainwater harvesting mandatory in all institutions and residential colonies in notified areas (South and South-west Delhi and adjoining areas like Faridabad, Gurgaon and Ghaziabad). This is also applicable to all the buildings in notified areas that have tube wells. The deadline for this was for March 31, 2002. CGWA has also banned drilling of tube wells in notified areas.

Steps Taken / Status

 
Administrative Measures
Implementation
Monitoring
Technical
Awareness Generation/ Stakeholder Involvement
Incentives
Mandatory
In accordance with the Ministry of Urban Affairs and Poverty Alleviation Notification, Delhi Development Authority has made it mandatory for all new buildings with a roof area of more than 100 sq. m. and in all plots with an area of more than 1000 sq. m. to have rain water harvesting provision.
Building plans are not sanctioned unless such provision is provided. DDA/MCD representatives undertake a site inspection before issue of Completion Certificate to the building and ensure that the RWH is made as per plan. Central Ground Water Board has undertaken a study of critical groundwater zones in the city All buildings/plots willing to drill boreholes in the premises need prior permission from CGWB Delhi Jal Board (under Ministry of Water Resources) has a dedicated Rain Water Harvesting Cell
   
Pilot Projects on RWH have been undertaken in several Government Buildings DJB encourages NGO participation in the sector
Delhi Jal Board under Ministry of Water Resources provides financial incentives for construction of RWH pits in the form of 50% of the cost of construction or upto Rs. 2 Lakh cash to registered Resident Welfare Associations which have implemented RWH. DJB gives awards and Incentives to best

 

INDORE (MADHYA PRADESH)

Reform

• Rainwater harvesting has been made mandatory in all new buildings with an area of 250 sq m or more.

• A rebate of 6 per cent on property tax has been offered as an incentive for implementing rainwater harvesting systems.

• Department of Housing and Environment and Urban Administration and Development, Government of Madhya Pradesh have issued Directives to Urban Local Bodies under Government Order no. F 23 (107) 95 XXXII dated 7th July, 2004 for ensuring installation of Rainwater Harvesting Structures.

Steps Taken / Status Indore is amongst one of the foremost leaders in propagating and implementing RWH on a large scale. The number of RWH structures in Indore is 3,000 compared to 1,000 in Delhi

 
Administrative Measures
Implementation
Monitoring
Technical
Awareness Generation/ Stakeholder Involvement
Incentives/ Penalties
Measures taken
RWH has been made mandatory for all buildings with an area of 250 sqm or more from 2001/02. RWH has been included as a separate head under the Municipal budget. Under Madhya Pradesh Bhumi Vikas Rules, 1984, Rooftop Rainwater Harvesting has been enforced in Municipalities for buildings more than 250 sq.m. RWH has been made mandatory for G+3 Structures.
A separate department named Rain water harvesting and Recharging Department was set up under Indore Municipal Corporation (IMC) in 2000 for awareness generation and to help citizens adopt RWH in new and existing buildings. The progress of the Department is monitored regularly by Municipal Commissioner, IMC and Divisional Commissioner. Building Department of IMC sanctions building permissions only after implementation of RWH schemes on site The department has implemented over 3,000 RWH projects in residential buildings and over 150 in public buildings and gardens.
 
A separate Technical Committee (with representatives from NGOs, Institutes and IMC) has also been formed to guide the RWH Department. RWH cell gives technical inputs on RWH schemes, ensure new buildings have RWH while seeking building permission
IMC has an Information Centre to divulge data on technical aspects of RWH. All Government buildings; Old and new gardens under IMC are being provided with RWH pits as pilot projects RWH cell undertakes activities related to awareness generation, conducts exhibitions, distributes pamphlets and coordinates with NGOs
Initial incentive of a one year complete property tax waiver for buildings undertaking RWH helped popularize RWH and ensured high compliance level. Building Department of IMC gives a rebate of 6% in property tax for those implementing the scheme (under Amendment to Article 138 of MP Municipal Corporation Act, 1956 and Article 126 of MP Municipalities Act, 1961 in March, 2001)

 

KANPUR (UTTAR PRADESH) • Rainwater harvesting has been made mandatory in all new buildings with an area of 1000 sq m or more.

 

HYDERABAD (ANDHRA PRADESH)

• Rainwater harvesting has been made mandatory in all new buildings with an area of 300 sq m or more irrespective of the roof area • Tentative date for enforcing this deadline was June 2001. • Mandatory to provide RWH in all Group Housing and Commercial Complexes • Mandatory for all categories of buildings including residential • All existing buildings in Municipalities/Municipal Corporations shall construct rain water harvesting structures within a period of one year from issue of this GO. Competent authority shall insist on implementation of RWH in all layouts and sub divisions for sanctioning the same

 
Administrative Measures
Implementation
Monitoring
Technical
Awareness Generation/ Stakeholder Involvement
Incentives/ Penalties
Measures taken
Municipal Corporation of Hyderabad (MCH) has also made it mandatory to provide RWH to any additional buildings/multi stories in plots over 300 sqm All existing Municipal building were made to undertake RWH within 1 year from the issue of Notification
Hyderabad Metropolitan Water Supply and Sewerage Board (HMWS&SB) has special Cells at their office where people can get information regarding RWH In critical areas, HMWS&SB has constructed nearly 14,000 RWH structures
 
Technical experts have questioned HUDA norms for RWH structures and believe that injection wells can be made 5ft deep instead of 6.5ft deep as prescribed by HUDA
   
             
Shortfall Applications submitted for RWH by citizens to Municipal Corporation of Hyderabad (MCH), HMWS & SB and Hyderabad Urban Development Authority (HUDA) met with no or little response RWH has not spread widely due to non cooperation of concerned departments Government departments ask residents to contact listed contractors who claim very high rates Lack of coordination between different Government Departments dealing with RWH Out of 5,000 applications submitted, only 500 are implementedDepartment of IMC sanctions building permissions only after implementation of RWH schemes on site The department has implemented over 3,000 RWH projects in residential buildings and over 150 in public buildings and gardens.       50% subsidy announced on RWH structures was lifted due to poor response.

 

TAMIL NADU

Reform • Through an ordinance titled Tamil Nadu Municipal Laws Ordinance, 2003, dated July 19, 2003, the Government of Tamil Nadu has made rainwater harvesting mandatory for all the buildings, both public and private, in the state. The deadline to construct rainwater harvesting structures was August 31, 2003. Municipal Administration and Water Supply (WS1) Department through a Government Order dated Nov. 2002, assigned Municipal Administration and Water Supply Department as the Nodal Departments for RWH, proposed setting up of State level and District Level Coordination Committees and propagated RWH in Government Buildings. It made it mandatory for Chennai Metropolitan Development Authority, all MCs, Municipalities, etc to sanction building plans only after implementation of RWH. Water and sewer connection would not be given to new buildings without RWH.

• Notification to Municipal Administration and Water Supply Department dated October 2002 for Provision of Water Conservation Measures, Amendments to Chennai city Corporation Building Rules, 1972 and Special Rules for the Multi storeyed and Public Buildings, 1974, Tamil Nadu Municipal Corporation of Madurai, Madurai Municipal Corporation Building (Water Conservation) Rules, 2002.

• Government of Tamil Nadu published a notification in the Tamil Nadu Gazette to make amendments to Chennai City Municipal Corporation Act 1919, Tamil Nadu District Municipalities Act 1920, Madurai City Municipal Corporation 1971 and Coimbatore City Municipal Corporation Act 1981 to make RWH mandatory. Under these amendments RWH was also made mandatory for all Government buildings

• RWH has been made mandatory in three storied buildings irrespective of the size of rooftop area

Steps taken / Status  

 
Administrative Measures
Implementation
Monitoring
Technical
Awareness Generation/ Stakeholder Involvement
Incentives/ Penalties
Measures taken
RWH was given a boost in the State when it was given importance in CM’s State budget speech where the State recognized the need for RWH, proposed requisite changes in Town planning laws and proposed massive awareness campaigns. The CM took the initiative to meet all Local Body leaders and Elective Representatives to press the issue RWH is being taken up as a tool to combat droughts in the State
State Government proposed phase wise implementation of RWH. Under Phase I the Tamil Nadu Municipal and Panchayat Laws Ordinance was issued in July, 2003 which made RWH mandatory for all buildings in the State by Aug. 2008. Under Phase II, the scope of RWH was expanded from buildings to roads, ponds, streets, National and State Highways, road margins and open areas By end of October 2003, more than 48 lakh Non Government buildings in urban areas had installed RWH More than 1.72 lakh Government sector buildings have been provided with RWH Building assessment for tax computation is done only for buildings with RWH structures.
 
TWAD and Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) provides technical guidance RWH website hosted by TWAD provides users with a technical manual and Rainfall Calculator Technical Information Centers are set up at TWAD Board Head Office and District Offices to provide free technical guidance.
Tamil Nadu Water Supply and Drainage Board (TWAD) hosts a dedicated website for RWH which has full information regarding techniques, legislations, success stories, technical information, manual and RWH calculator. The website is hosted in English and Tamil TWAD spearheads the RWH campaign in the State and has started implementing RWH in all its buildings CMWSSB website also has a section on RWH Multimodal communication techniques have been adopted and measures to spread awareness have been taken through involvement of several sections of society including NGOs, school and college students. Street plays, Road shows, advertisements in TV, cinemas, print Media are conducted Students, Government Officials are invited to RWH Workshops Seminars have been held for Government Officials, Students, Women and Self Help Groups. CMWSSB field staff and 55,000 students were involved in one day door to door campaign on RWH More than 25,000 youngsters were trained in implementation of RWH techniques by TWAD Board all over the Sate to promote and implement RWH Information centers have been set up in all District Collectorates to provide information on RWH RWH projects implemented in State Level Government buildings including CM‘s residence
In case, the deadline for implementation of RWH structures (Aug. 2003) was not met, the Executive Authorities were to provide the structure and recover the cost from the owner in a manner similar to Property Tax Prizes have been given to students who motivate their parents to implement RWH and to schools, teachers in each district who implement RWH Water and sewer connections to new buildings are provided only after implementation of RWH
             
Chennai   Chennai Municipal Corporation has implemented RWH at 29 flyovers, 242 structures in open areas, 945 road margins, 1698 structures on Corporation streets and corporation and temple ponds. Chennai Municipal Corporation sanctions new building plans only if they are provided with RWH structures. Chennai Municipal Corporation has provided RWH structures in over 3.29lakh residential/ commercial/ institutional buildings Tamil Nadu State Government has created a Department only for the maintenance of RWH structures in Chennai. Corporation of Chennai provided RWH friendly storm water drains without a concrete base which allowed for infiltration of water Rain centers with working models and awareness generation material have been set up in Chennai Chennai Corporation implemented RWH in 14 temple complexes If the owner/ occupier of the building fails to provide RWH structure before the said date, in Chennai, Water supply to such a building can be disconnected under legislation till the structure is provided.

 

RAJASTHAN

• The State Government has made rainwater harvesting mandatory for all public establishments and all properties in plots covering more than 500 sq m in urban areas.  

 
Administrative Measures
Implementation
Monitoring
Technical
Awareness Generation/ Stakeholder Involvement
Incentives/ Penalties
Measures taken
RWH made mandatory for all buildings (under any land use) with a plot area of over approx. 300 sqm Plots upto 500sqm are granted sanction by Zonal Offices and those above 500 sqm are granted sanction by the JMC Planning Cell after ensuring compliance with RWH norms. JMC (Jaipur Municipal Corporation) sanctions plans for new buildings in areas under JMC. In areas under the jurisdiction of Development Authority, the JDA is the Competent Authority. State Ground Water Board is also taking several measures to promote RWH
A period of 6 months was given after the issue of notification for implementation of RWH structures in houses. After implementation of RWH structure, owners are required to obtain certification from Municipal body and submit it to PHED Completion Certificate is not issued until RWH is implemented
     
If completion certificate for RWH is not submitted to PHED, water supply connection can be terminated

 

MUMBAI

Reform

• The State Government has made rainwater harvesting mandatory for all buildings that are being constructed on plots that are more than 1,000 sq m in size. The deadline set for this was October, 2002.

• By 2007, the same provision became mandatory to buildings with plot area of 3,000 square meters and above and now it is 5,000 square meters.

Steps Taken / Status  

 
Administrative Measures
Implementation
Monitoring
Technical
Awareness Generation/ Stakeholder Involvement
Incentives/ Penalties
Measures taken
MCGM is the first MC in Maharashtra to make RWH mandatory. From Nov. 2002, new buildings within MCGM (Municipal Corporation of Greater Mumbai) area are granted water connections only @90lpcd (compared to 135lpcd as supplied earlier) and these new buildings are required to meet the remainder of demand through RWH or recycling. RWH was made mandatory for all new buildings with plot area more than 1000 sqm.(this was later extended to 5000 sqm in 2007) RWH was also made mandatory for properties which had come for sanction before Oct. 02 but were coming for Completion certificate from Nov. 03. RWH is also being made mandatory for buildings coming to MCGM for additions/ alterations/ FSI TDR use A Government Directive was issued in March 2005 making RWH mandatory for all developers Recycling has been made mandatory for centrally AC buildings to meet the chilling water requirements Installation of wastewater treatment plants had been made mandatory for new buildings having a plot area of more than 2,000 square meters.
RWH has been imposed as an IOD (Intimation of Disapproval) condition and Completion certificate to buildings is granted only after installation of RWH structure(s). More than 440 properties have been issued Completion Certificates after implementation of RWH since 2002. MCGM would undertake RWH in a phase wise manner. For the first phase, they have identified high end users where RWH would be implemented. BMC has sent notices to over 45 buildings to undertake RWH Since new buildings only account for 4 to 5% of the total buildings, MCGM plans to extend RWH to existing buildings
BMC undertook several RWH pilot projects (all civic buildings and gardens) and monitored these before going ahead with city level RWH implementation
MCGM has a Technical cell called RWH cell, which was established in 2002 (headed by Asst. Engineer) RWH cell hosts technical seminars with leading organizations in the field to enhance know how on RWH. MCGM has taken the initiative of protecting the existing wells in the city and is getting the wells digitized with available subsoil details to build a database on existing groundwater status in each locality and identify critical areas.

RWH cell has conducted citizen essay competitions in different languages, published an Information booklet on RWH, advertised hoardings, conducted Drawing Competitions with Municipal school children and involved NSS students in awareness generation.

RWH cell has also hosted ‘Jal Melas’ in each administrative ward and trained Ward staff for dispersing basic information

RWH cell is involving NGOs in RWH implementation and awareness generation

RWH cell has undertaken pilot RWH projects in areas including industrial areas and housing complexes to increase the coverage of RWH

RWH cell has implemented at least one RWH project in each Municipal Ward.

RWH cell is setting up 2 RWH centers which would comprise of a pilot project, a working model, library, information on completed RWH projects, recommended materials for construction and list of people dealing with RWH.

If completion certificate for RWH is not submitted to PHED, water supply connection can be terminated

 

GUJARAT

Reform • The state Roads and Buildings Department has made rainwater harvesting mandatory for all government buildings.

• Under the Gujarat Development Control Regulations, buildings with area between 500 and 1500 sq.m.; the owner or developer shall have to undertake Rainwater Harvesting as per the Authority Specifications. For buildings with area between 1500 to 4000 sqm., owner/developer has to provide percolation wells with rain water harvesting system @ one percolating well for every 4000 sqm or part thereof of building unit.

Steps Taken / Status

 
Administrative Measures
Implementation
Monitoring
Technical
Awareness Generation/ Stakeholder Involvement
Incentives/ Penalties
Measures taken

State Roads and Buildings Department has asked District Authorities to implement RWH in 118 Government buildings

Provision of RWH systems has been made mandatory for all new State Government buildings constructed after 2003.

Under GDCR (Gujarat Development Control Regulations), different Municipalities are taking initiatives towards making RWH mandatory for private buildings

State Roads and Buildings Department has sanctioned Rs. 25,000 for implementation of RWH in 18 buildings.

All existing State Government buildings under R&D Department have been provided with RWH systems

Surat Municipal Corporation has taken initiatives to undertake RWH in open plots and gardens

   

MCs like Surat Municipal Corporation are taking initiatives towards spreading awareness on RWH by organizing Programmes, displaying hoardings, pamphlets.

 

 

Haryana

•Haryana Urban Development Authority (HUDA) has made rainwater harvesting mandatory in all new buildings irrespective of roof area.

•In the notified areas in Gurgaon town and the adjoining industrial areas all the institutions and residential colonies have been asked to adopt water harvesting by the CGWA. This is also applicable to all the buildings in notified areas having a tubewell, deadline was for March 31, 2002.

•The CGWA has also banned drilling of tubewells in notified areas.

 Daman & Diu • Administration of Daman & Diu has issued instructions to the local PWD for construction of roof top rainwater harvesting structures and accordingly, PWD has initiated action. Administration of Daman & Diu has also advised the local bodies such as Municipality & District Panchayat to make provision for construction of roof top rain water harvesting structures, however, local bodies has already initiated action in this regard.

 Goa •PWD, Goa has been asked to take up rainwater harvesting structure for Government buildings. Rainwater harvesting already implemented at Government Engineering College at Farmagudi, Ponda, Goa by the PWD. The PWD, Goa is studying various designs of roof top rain water harvesting for taking up other existing large Government buildings and for any new coming Government buildings under construction.

Kerela •Roof top rainwater harvesting has become mandatory as per Kerala Municipality Building (Amendment) Rules, 2004 for all new buildings.

Himachal Pradesh •Installation of rainwater harvesting system has been made mandatory for all buildings to be constructed in urban areas of the state and no building plan without rainwater harvesting system can be approved. Construction of rainwater harvesting system has also been made mandatory for all schools, govt. buildings and rest houses, upcoming industries& bus stands.

Karnataka • Action to amend building byelaws in major cities having population of more than 20 lakh to make rainwater harvesting mandatory has been initiated.  Rural Development & Panchayati Raj Department has issued orders for implementation of roof top rainwater harvesting in all Government buildings. State has also extended help to the individual people also to the tune of 20% rebate on tax payment for 5 years duration. A massive programme to implement roof top rainwater harvesting in rural schools has been taken up by Rural Development & Panchayati Raj.

Lakshadweep •Lakshadweep Administration has already taken up construction of   rainwater harvesting structures in different islands.

Meghalaya •The State Government of Meghalaya has instructed the concerned Department to provide funds under their respective annual plans for construction of roof top rainwater harvesting structures in the Govt. buildings.

Nagaland •The State Government has already made provision for roof top rainwater compulsory for all new Government buildings.

Pondicherry •Approvals are issued to new constructions subject to the provision of rainwater harvesting in building designs. PWD, Pondicherry has  started constructing roof top rainwater harvesting structures in the Government buildings since 2002. 

West Bengal •Vide Rule 171 of the West Bengal Municipal (Building) Rules, 2007, installation of rainwater harvesting system has been made mandatory.

Arunachal Pradesh •Building By-laws are being framed keeping provision for rain water harvesting as mandatory in Government Buildings.

Andaman & Nicobar •Building Byelaws are being amended to incorporate mandatory provision of rainwater harvesting. 

Orissa •Formulation of a comprehensive Water Law is under active consideration by the competent authorities. 

Rajkot The Rajkot Municipal Corporation amended the byelaws of general development control regulations through the regulation No.17.18 to make it mandatory to undertake rainwater harvesting in buildings having built up area of 80 sq m or more. However, in case of existing buildings more than 1000 Sq Mts. of built-up area a moratorium of five years shall be given within which the above requirements of the Development Regulations shall be complied with.

Nagpur Rainwater harvesting is mandatory in all buildings in Nagpur from March 2005. The byelaw envisages that no building permission will be granted unless provision is made for rainwater harvesting. As per the regulation, all layouts of open spaces, amenity spaces of housing societies and new constructions of area equal to or more than 300 sq. m. shall have one or more rainwater harvesting structures such as an open well or bore well, or underground storage tank or percolation pits. The owner/society also has to ensure the maintenance of these structures. In the case of noncompliance with the aforementioned rules, The Nagpur Municipal Corporation would levy a fine of up to Rs. 1000 per annum per 100 sq. m. of built-up area.

Gwalior By order dated 27th January 2006 rainwater harvesting has been made mandatory for buildings having an area more than 250 sq m. The engineer in charge of the area has been authorized to impose a penalty of Rs.7000 in case of non-compliance. A rebate of 6 % in property tax in the year in which the construction of rrainwater harvesting facility has been completed will be provided for the owner of the building as an incentive.

Jabalpur Rainwater harvesting has been made mandatory in all new buildings with an area of 250 sq m or more from 1 April 2005. A rebate of 6 per cent on property tax has been offered as an incentive for implementing rainwater- harvesting systems in the building

Surat Surat Municipal Corporation intends to implement the rainwater harvesting plan step by step. The core plan will be put into practice after necessary changes required in the present policies. Currently, 50 % subsidy maximum amount up to Rs. 2000/- is given to the citizens to encourage the noble cause of rainwater recharging. Surat Municipal Corporation has already started the implementation of rainwater harvesting/ recharging system. To start with, the corporation owned buildings, schools, pumping stations, open plots; gardens etc. are going to be covered in the first phase under rainwater harvesting/ recharging system. In this context, total 316 locations in parts of the city have been identified. Out of these 316 locations, work at 47 spots has been already completed and on 9 spots it is currently in progress. At the remaining 260 locations also, the work will be started soon.

Ranchi The Ranchi Regional Development Authority has included rainwater harvesting in its byelaws.

Mussoorie The Mussoorie Dehradun Development Authority has made provision for installation of rainwater harvesting system in its building byelaws.