Colorado 2023 Regular Session

Colorado Senate Bill SB178 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0801.01 Richard Sweetman x4333
1	8		SENATE BILL 23-178
2		-	BY SENATOR(S) Jaquez Lewis and Will, Marchman, Priola, Bridges,
3		-	Buckner, Coleman, Cutter, Exum, Fields, Ginal, Gonzales, Hansen,
4		-	Hinrichsen, Kolker, Moreno, Roberts, Sullivan, Fenberg;
5		-	also REPRESENTATIVE(S) McCormick and Lindsay, Amabile, Bird,
6		-	Boesenecker, Brown, Dickson, Froelich, Hamrick, Herod, Jodeh, Kipp,
7		-	Martinez, McLachlan, Michaelson Jenet, Ortiz, Parenti, Ricks, Sirota,
8		-	Snyder, Titone, Valdez, Velasco, Weissman, Willford, Woodrow,
9		-	McCluskie.
	9	+	Senate Committees House Committees
	10	+	Local Government & Housing Transportation, Housing & Local Government
	11	+	A BILL FOR AN ACT
10	12		C
11		-	ONCERNING REMOVING BARRIERS TO WATER -WISE LANDSCAPING IN
12		-	COMMON INTEREST COMMUNITIES
13		-	.
14		-	Be it enacted by the General Assembly of the State of Colorado:
15		-	SECTION 1. In Colorado Revised Statutes, 38-33.3-106.5, amend
16		-	(1)(i)(I)(A); and add (1)(i.5) as follows:
17		-	38-33.3-106.5. Prohibitions contrary to public policy - patriotic,
18		-	political, or religious expression - public rights-of-way - fire prevention
19		-	- renewable energy generation devices - affordable housing - drought
20		-	prevention measures - child care - definitions. (1) Notwithstanding any
21		-	provision in the declaration, bylaws, or rules and regulations of the
22		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
23		-	officers and the Governor. To determine whether the Governor has signed the bill
24		-	or taken other action on it, please consult the legislative status sheet, the legislative
25		-	history, or the Session Laws.
26		-	________
27		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28		-	through words or numbers indicate deletions from existing law and such material is not part of
29		-	the act. association to the contrary, an association shall not prohibit any of the
30		-	following:
31		-	(i) (I) (A) The use of xeriscape, nonvegetative turf grass, or
32		-	drought-tolerant vegetative landscapes to provide ground covering to
33		-	property for which a unit owner is responsible, including a limited common
34		-	element or property owned by the unit owner. Associations may adopt and
35		-	enforce design or aesthetic guidelines or rules that apply to nonvegetative
36		-	turf grass and drought-tolerant vegetative landscapes or regulate the type,
37		-	number, and placement of drought-tolerant plantings and hardscapes that
38		-	may be installed on a unit owner's property or on a limited common element
39		-	or other property for which the unit owner is responsible. An association
40		-	may restrict the installation of nonvegetative turf grass to rear yard locations
41		-	only. T
42		-	HIS SUBSECTION (1)(i)(I)(A), AS AMENDED BY SENATE BILL 23-178,
43		-	ENACTED IN 2023, APPLIES ONLY TO A UNIT THAT IS A SINGLE-FAMILY HOME
44		-	THAT SHARES ONE OR MORE WALLS WITH ANOTHER UNIT AND DOES NOT
45		-	APPLY TO A UNIT THAT IS A DETACHED SINGLE
46		-	-FAMILY HOME.
47		-	(i.5) (I) T
48		-	HE USE OF XERISCAPE, NONVEGETATIVE TURF GRASS , OR
49		-	DROUGHT
50		-	-TOLERANT OR NONVEGETATIVE LANDSCAPES TO PROVIDE GROUND
51		-	COVERING TO PROPERTY FOR WHICH A UNIT OWNER IS RESPONSIBLE
52		-	,
53		-	INCLUDING A LIMITED COMMON ELEMENT OR PROPERTY OWNED BY THE UNIT
54		-	OWNER AND ANY RIGHT
55		-	-OF-WAY OR TREE LAWN THAT IS THE UNIT OWNER 'S
56		-	RESPONSIBILITY TO MAINTAIN
57		-	. ASSOCIATIONS MAY ADOPT AND ENFORCE
58		-	DESIGN OR AESTHETIC GUIDELINES OR RULES THAT APPLY TO
59		-	DROUGHT
60		-	-TOLERANT VEGETATIVE OR NONVEGETATIVE LANDSCAPES OR TO
61		-	VEGETABLE GARDENS OR THAT REGULATE THE TYPE
62		-	, NUMBER, AND
63		-	PLACEMENT OF DROUGHT
64		-	-TOLERANT PLANTINGS AND HARDSCAPES THAT
65		-	MAY BE INSTALLED ON PROPERTY THAT IS SUBJECT TO THE GUIDELINES OR
66		-	RULES
67		-	; EXCEPT THAT THE GUIDELINES OR RULES MUST :
68		-	(A) N
69		-	OT PROHIBIT THE USE OF NONVEGETATIVE TURF GRASS IN THE
70		-	BACKYARD OF A UNIT OWNER
71		-	'S PROPERTY;
	13	+	ONCERNING REMOVING BARRIERS TO WATER -WISE LANDSCAPING IN101
	14	+	COMMON INTEREST COMMUNITIES .102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	Under current law, a unit owners' association (association) of a
	23	+	common interest community may not prohibit the use of xeriscape,
	24	+	nonvegetative turf grass, or drought-tolerant vegetative landscapes to
	25	+	provide ground covering to property for which a unit owner is
	26	+	responsible. There is, however, an exception authorizing an association
	27	+	to adopt and enforce design or aesthetic guidelines or rules that apply to
	28	+	HOUSE
	29	+	3rd Reading Unamended
	30	+	April 26, 2023
	31	+	HOUSE
	32	+	Amended 2nd Reading
	33	+	April 24, 2023
	34	+	SENATE
	35	+	3rd Reading Unamended
	36	+	April 4, 2023
	37	+	SENATE
	38	+	Amended 2nd Reading
	39	+	April 3, 2023
	40	+	SENATE SPONSORSHIP
	41	+	Jaquez Lewis and Will, Marchman, Priola, Bridges, Buckner, Coleman, Cutter, Exum,
	42	+	Fenberg, Fields, Ginal, Gonzales, Hansen, Hinrichsen, Kolker, Moreno, Roberts, Sullivan
	43	+	HOUSE SPONSORSHIP
	44	+	McCormick and Lindsay, Amabile, Bird, Boesenecker, Brown, Dickson, Froelich,
	45	+	Hamrick, Herod, Jodeh, Kipp, Martinez, McCluskie, McLachlan, Michaelson Jenet, Ortiz,
	46	+	Parenti, Ricks, Sirota, Snyder, Titone, Valdez, Velasco, Weissman, Willford, Woodrow
	47	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	48	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	49	+	Dashes through the words or numbers indicate deletions from existing law. nonvegetative turf grass and drought-tolerant vegetative landscapes or to
	50	+	regulate the type, number, and placement of drought-tolerant plantings
	51	+	and hardscapes that may be installed on a unit owner's property, on a
	52	+	limited common element, or on other property for which the unit owner
	53	+	is responsible.
	54	+	The bill states that an association's guidelines or rules must:
	55	+	! Not prohibit the use of nonvegetative turf grass in the
	56	+	backyard of a unit owner's property;
	57	+	! Not unreasonably require the use of hardscape on more
	58	+	than 20% of the landscaping area of a unit owner's
	59	+	property;
	60	+	! Allow a unit owner an option that consists of at least 80%
	61	+	drought-tolerant plantings; and
	62	+	! Not prohibit vegetable gardens in the front, back, or side
	63	+	yard of a unit owner's property.
	64	+	The bill also requires an association to permit the installation of at
	65	+	least 3 garden designs that are preapproved by the association for
	66	+	installation in front yards within the common interest community. To be
	67	+	preapproved, a garden design must adhere to the principles of water-wise
	68	+	landscaping and emphasize drought-tolerant and native plants.
	69	+	The bill allows a unit owner who is affected by an association's
	70	+	violation of the new requirements to bring a civil action to restrain further
	71	+	violation and to recover damages in an amount equal to actual damages
	72	+	plus $500, plus any other damages, costs, and reasonable attorney fees.
	73	+	Be it enacted by the General Assembly of the State of Colorado:1
	74	+	SECTION 1. In Colorado Revised Statutes, 38-33.3-106.5,2
	75	+	amend (1)(i)(I)(A); and add (1)(i.5) as follows:3
	76	+	38-33.3-106.5. Prohibitions contrary to public policy -4
	77	+	patriotic, political, or religious expression - public rights-of-way - fire5
	78	+	prevention - renewable energy generation devices - affordable6
	79	+	housing - drought prevention measures - child care - definitions.7
	80	+	(1) Notwithstanding any provision in the declaration, bylaws, or rules8
	81	+	and regulations of the association to the contrary, an association shall not9
	82	+	prohibit any of the following:10
	83	+	(i) (I) (A) The use of xeriscape, nonvegetative turf grass, or11
	84	+	178-2- drought-tolerant vegetative landscapes to provide ground covering to1
	85	+	property for which a unit owner is responsible, including a limited2
	86	+	common element or property owned by the unit owner. Associations may3
	87	+	adopt and enforce design or aesthetic guidelines or rules that apply to4
	88	+	nonvegetative turf grass and drought-tolerant vegetative landscapes or5
	89	+	regulate the type, number, and placement of drought-tolerant plantings6
	90	+	and hardscapes that may be installed on a unit owner's property or on a7
	91	+	limited common element or other property for which the unit owner is8
	92	+	responsible. An association may restrict the installation of nonvegetative9
	93	+	turf grass to rear yard locations only. THIS SUBSECTION (1)(i)(I)(A), AS10
	94	+	AMENDED BY SENATE BILL 23-178, ENACTED IN 2023, APPLIES ONLY TO11
	95	+	A UNIT THAT IS A SINGLE-FAMILY HOME THAT SHARES ONE OR MORE12
	96	+	WALLS WITH ANOTHER UNIT AND DOES NOT APPLY TO A UNIT THAT IS A13
	97	+	DETACHED SINGLE-FAMILY HOME.14
	98	+	(i.5) (I) THE USE OF XERISCAPE, NONVEGETATIVE TURF GRASS, OR15
	99	+	DROUGHT-TOLERANT OR NONVEGETATIVE LANDSCAPES TO PROVIDE16
	100	+	GROUND COVERING TO PROPERTY FOR WHICH A UNIT OWNER IS17
	101	+	RESPONSIBLE, INCLUDING A LIMITED COMMON ELEMENT OR PROPERTY18
	102	+	OWNED BY THE UNIT OWNER AND ANY RIGHT -OF-WAY OR TREE LAWN THAT19
	103	+	IS THE UNIT OWNER'S RESPONSIBILITY TO MAINTAIN. ASSOCIATIONS MAY20
	104	+	ADOPT AND ENFORCE DESIGN OR AESTHETIC GUIDELINES OR RULES THAT21
	105	+	APPLY TO DROUGHT-TOLERANT VEGETATIVE OR NONVEGETATIVE22
	106	+	LANDSCAPES OR TO VEGETABLE GARDENS OR THAT REGULATE THE TYPE,23
	107	+	NUMBER, AND PLACEMENT OF DROUGHT-TOLERANT PLANTINGS AND24
	108	+	HARDSCAPES THAT MAY BE INSTALLED ON PROPERTY THAT IS SUBJECT25
	109	+	TO THE GUIDELINES OR RULES; EXCEPT THAT THE GUIDELINES OR RULES26
	110	+	MUST:27
	111	+	178
	112	+	-3- (A) NOT PROHIBIT THE USE OF NONVEGETATIVE TURF GRASS IN1
	113	+	THE BACKYARD OF A UNIT OWNER 'S PROPERTY;2
72	114		(B) N
73		-	OT UNREASONABLY REQUIRE THE USE OF HARDSCAPE ON MORE
74		-	THAN TWENTY PERCENT OF THE LANDSCAPING AREA OF A UNIT OWNER
75		-	'S
76		-	PROPERTY
77		-	;
	115	+	OT UNREASONABLY REQUIRE THE USE OF HARDSCAPE ON3
	116	+	MORE THAN TWENTY PERCENT OF THE L ANDSCAPING AREA OF A UNIT4
	117	+	OWNER'S PROPERTY;5
78	118		(C) A
79		-	LLOW A UNIT OWNER AN OPTION THAT CONSISTS OF AT LEAST
80		-	EIGHTY PERCENT DROUGHT
81		-	-TOLERANT PLANTINGS; AND
82		-	PAGE 2-SENATE BILL 23-178 (D) NOT PROHIBIT VEGETABLE GARDENS IN THE FRONT , BACK, OR
83		-	SIDE YARD OF A UNIT OWNER
84		-	'S PROPERTY. AS USED IN THIS SUBSECTION
85		-	(1)(i.5), "VEGETABLE GARDEN" MEANS A PLOT OF GROUND OR AN ELEVATED
86		-	SOIL BED IN WHICH POLLINATOR PLANTS
87		-	, FLOWERS, OR VEGETABLES OR
88		-	HERBS
89		-	, FRUITS, LEAFY GREENS, OR OTHER EDIBLE PLANTS ARE CULTIVATED.
	119	+	LLOW A UNIT OWNER AN OPTION THAT CONSISTS OF AT LEAST6
	120	+	EIGHTY PERCENT DROUGHT -TOLERANT PLANTINGS; AND7
	121	+	(D) N
	122	+	OT PROHIBIT VEGETABLE GARDENS IN THE FRONT , BACK, OR8
	123	+	SIDE YARD OF A UNIT OWNER'S PROPERTY. AS USED IN THIS SUBSECTION9
	124	+	(1)(i.5), "VEGETABLE GARDEN " MEANS A PLOT OF GROUND OR AN10
	125	+	ELEVATED SOIL BED IN WHICH POLLINATOR PLANTS , FLOWERS, OR11
	126	+	VEGETABLES OR HERBS, FRUITS, LEAFY GREENS, OR OTHER EDIBLE PLANTS12
	127	+	ARE CULTIVATED.13
90	128		(II) F
91		-	OR THE PURPOSES OF THIS SUBSECTION (1)(i.5), EACH
92		-	ASSOCIATION SHALL SELECT AT LEAST THREE PREPLANNED WATER
93		-	-WISE
94		-	GARDEN DESIGNS THAT ARE PREAPPROVED FOR INSTALLATION IN FRONT
95		-	YARDS WITHIN THE COMMON INTEREST COMMUNITY
96		-	. TO BE PREAPPROVED,
97		-	A GARDEN DESIGN MUST ADHERE TO THE PRINCIPLES OF WATER -WISE
98		-	LANDSCAPING
99		-	, AS DEFINED IN SECTION 37-60-135 (2)(l), WHICH EMPHASIZE
100		-	DROUGHT
101		-	-TOLERANT AND NATIVE PLANTS , OR BE PART OF A WATER
102		-	CONSERVATION PROGRAM OPERATED BY A LOCAL WATER PROVIDER
103		-	. EACH
104		-	GARDEN DESIGN MAY BE SELECTED FROM THE
105		-	COLORADO STATE UNIVERSITY
106		-	EXTENSION
107		-	PLANT SELECT ORGANIZATION'S "DOWNLOADABLE DESIGNS "
108		-	LIST OR FROM A MUNICIPALITY, UTILITY, OR OTHER ENTITY THAT CREATES
109		-	SUCH GARDEN DESIGNS
110		-	. AN ASSOCIATION SHALL CONSIDER A UNIT OWNER 'S
111		-	USE OF ONE OF THE GARDEN DESIGNS SELECTED BY THE ASSOCIATION TO BE
112		-	PREAPPROVED AS COMPLYING WITH THE ASSOCIATION
113		-	'S AESTHETIC
114		-	GUIDELINES AND SHALL ALLOW A UNIT OWNER TO USE REASONABLE
115		-	SUBSTITUTE PLANTS WHEN A PLANT IN A DESIGN ISN
116		-	'T AVAILABLE. EACH
117		-	ASSOCIATION SHALL POST ON ITS PUBLIC WEBSITE
118		-	, IF ANY, INFORMATION
119		-	CONCERNING PREAPPROVALS OF GARDEN DESIGNS
120		-	.
	129	+	OR THE PURPOSES OF THIS SUBSECTION
	130	+	(1)(i.5), EACH14
	131	+	ASSOCIATION SHALL SELECT AT LEAST THREE PREPLANNED WATER -WISE15
	132	+	GARDEN DESIGNS THAT ARE PREAPPROVED FOR INSTALLATION IN FRONT16
	133	+	YARDS WITHIN THE COMMON INTEREST COMMUNITY . TO BE PREAPPROVED,17
	134	+	A GARDEN DESIGN MUST ADHERE TO THE PRINCIPLES OF WATER -WISE18
	135	+	LANDSCAPING, AS DEFINED IN SECTION 37-60-135 (2)(l), WHICH19
	136	+	EMPHASIZE DROUGHT-TOLERANT AND NATIVE PLANTS , OR BE PART OF A20
	137	+	WATER CONSERVATION PROGRAM OPERATED BY A LOCAL WATER21
	138	+	PROVIDER. EACH GARDEN DESIGN MAY BE SELECTED FROM THE22
	139	+	C
	140	+	OLORADO STATE UNIVERSITY EXTENSION PLANT SELECT23
	141	+	ORGANIZATION'S "DOWNLOADABLE DESIGNS " LIST OR FROM A24
	142	+	MUNICIPALITY, UTILITY, OR OTHER ENTITY THAT CREATES SUCH GARDEN25
	143	+	DESIGNS. AN ASSOCIATION SHALL CONSIDER A UNIT OWNER 'S USE OF ONE26
	144	+	OF THE GARDEN DESIGNS SELECTED BY THE ASSOCIATION TO BE27
	145	+	178
	146	+	-4- PREAPPROVED AS COMPLYING WITH THE ASSOCIATION 'S AESTHETIC1
	147	+	GUIDELINES AND SHALL ALLOW A UNIT OWNER TO USE REASONABLE2
	148	+	SUBSTITUTE PLANTS WHEN A PLANT IN A DESIGN ISN 'T AVAILABLE. EACH3
	149	+	ASSOCIATION SHALL POST ON ITS PUBLIC WEBSITE , IF ANY, INFORMATION4
	150	+	CONCERNING PREAPPROVALS OF GARDEN DESIGNS .5
121	151		(III) E
122		-	XCEPT AS DESCRIBED IN SUBSECTION (1)(i.5)(IV) OF THIS
123		-	SECTION
124		-	, IF AN ASSOCIATION KNOWINGLY VIOLATES THIS SUBSECTION
125		-	(1)(i.5), A UNIT OWNER WHO IS AFFECTED BY THE VIOLATION MAY BRING A
126		-	CIVIL ACTION TO RESTRAIN FURTHER VIOLATION AND TO RECOVER UP TO A
127		-	MAXIMUM OF FIVE HUNDRED DOLLARS OR THE UNIT OWNER
128		-	'S ACTUAL
129		-	DAMAGES
130		-	, WHICHEVER IS GREATER.
	152	+	XCEPT AS DESCRIBED IN SUBSECTION
	153	+	(1)(i.5)(IV) OF THIS6
	154	+	SECTION, IF AN ASSOCIATION KNOWINGLY VIOLATES THIS SUBSECTION7
	155	+	(1)(i.5), A UNIT OWNER WHO IS AFFECTED BY THE VIOLATION MAY BRING8
	156	+	A CIVIL ACTION TO RESTRAIN FURTHER VIOLATION AND TO RECOVER UP TO9
	157	+	A MAXIMUM OF FIVE HUNDRED DOLLARS OR THE UNIT OWNER 'S ACTUAL10
	158	+	DAMAGES, WHICHEVER IS GREATER.11
131	159		(IV) B
132		-	EFORE A UNIT OWNER COMMENCES A CIVIL ACTION AS
	160	+	EFORE A UNIT OWNER COMMENCES A CIVIL ACTION AS12
133	161		DESCRIBED IN SUBSECTION
134		-	(1)(i.5)(III) OF THIS SECTION, THE UNIT OWNER
135		-	SHALL NOTIFY THE ASSOCIATION IN WRITING OF THE VIOLATION AND ALLOW
136		-	THE ASSOCIATION FORTY
137		-	-FIVE DAYS AFTER RECEIPT OF THE NOTICE TO CURE
138		-	THE VIOLATION
139		-	.
140		-	(V) N
141		-	OTHING IN THIS SUBSECTION (1)(i.5) SHALL BE CONSTRUED TO
142		-	PROHIBIT OR RESTRICT THE AUTHORITY OF ASSOCIATIONS TO
143		-	:
144		-	PAGE 3-SENATE BILL 23-178 (A) ADOPT BONA FIDE SAFETY REQUIREMENTS CONSISTENT WITH
145		-	APPLICABLE LANDSCAPE CODES OR RECOGNIZED SAFETY STANDARDS FOR
146		-	THE PROTECTION OF PERSONS AND PROPERTY
147		-	;
	162	+	(1)(i.5)(III) OF THIS SECTION, THE UNIT OWNER13
	163	+	SHALL NOTIFY THE ASSOCIATION IN WRITING OF THE VIOLATION AND14
	164	+	ALLOW THE ASSOCIATION FORTY-FIVE DAYS AFTER RECEIPT OF THE NOTICE15
	165	+	TO CURE THE VIOLATION.16
	166	+	(V) NOTHING IN THIS SUBSECTION (1)(i.5) SHALL BE CONSTRUED17
	167	+	TO PROHIBIT OR RESTRICT THE AUTHORITY OF ASSOCIATIONS TO :18
	168	+	(A) A
	169	+	DOPT BONA FIDE SAFETY REQUIREMENTS CONSISTENT WITH19
	170	+	APPLICABLE LANDSCAPE CODES OR RECOGNIZED SAFETY STANDARDS FOR20
	171	+	THE PROTECTION OF PERSONS AND PROPERTY ;21
148	172		(B) P
149		-	ROHIBIT OR RESTRICT CHANGES THAT INTERFERE WITH THE
150		-	ESTABLISHMENT AND MAINTENANCE OF FIRE BUFFERS OR DEFENSIBLE
151		-	SPACES
152		-	; OR
153		-	(C) PROHIBIT OR RESTRICT CHANGES TO EXISTING GRADING ,
154		-	DRAINAGE, OR OTHER STRUCTURAL LANDSCAPE ELEMENTS NECESSARY FOR
155		-	THE PROTECTION OF PERSONS AND PROPERTY
156		-	.
157		-	(VI) N
158		-	OTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
159		-	CONTRARY
160		-	, THIS SUBSECTION (1)(i.5) APPLIES ONLY TO A UNIT THAT IS A
161		-	SINGLE
162		-	-FAMILY DETACHED HOME AND DOES NOT APPLY TO :
	173	+	ROHIBIT OR RESTRICT CHANGES THAT INTERFERE WITH
	174	+	THE22
	175	+	ESTABLISHMENT AND MAINTENANCE OF FIRE BUFFERS OR DEFENSIBLE23
	176	+	SPACES; OR24
	177	+	(C) P
	178	+	ROHIBIT OR RESTRICT CHANGES TO EXISTING GRADING ,25
	179	+	DRAINAGE, OR OTHER STRUCTURAL LANDSCAPE ELEMENTS NECESSARY26
	180	+	FOR THE PROTECTION OF PERSONS AND PROPERTY .27
	181	+	178
	182	+	-5- (VI) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE1
	183	+	CONTRARY, THIS SUBSECTION (1)(i.5) APPLIES ONLY TO A UNIT THAT IS A2
	184	+	SINGLE-FAMILY DETACHED HOME AND DOES NOT APPLY TO :3
163	185		(A) A
164		-	UNIT THAT IS A SINGLE-FAMILY ATTACHED HOME THAT SHARES
165		-	ONE OR MORE WALLS WITH ANOTHER UNIT
166		-	; OR
167		-	(B) A CONDOMINIUM.
168		-	SECTION 2. In Colorado Revised Statutes, 37-60-126, amend
169		-	(11)(b)(IV); and add (11)(a)(III) and (11)(a.5) as follows:
170		-	37-60-126. Water conservation and drought mitigation planning
171		-	- programs - relationship to state assistance for water facilities -
172		-	guidelines - water efficiency grant program - definitions - repeal.
173		-	(11) (a) (III) T
174		-	HIS SUBSECTION (11)(a), AS AMENDED BY SENATE BILL
175		-	23-178, ENACTED IN 2023, APPLIES ONLY TO A UNIT THAT IS A
176		-	SINGLE
177		-	-FAMILY HOME THAT SHARES ONE OR MORE WALLS WITH ANOTHER
178		-	UNIT AND DOES NOT APPLY TO A UNIT THAT IS A DETACHED SINGLE
179		-	-FAMILY
180		-	HOME
181		-	.
182		-	(a.5) (I) A
183		-	NY SECTION OF A RESTRICTIVE COVENANT OR OF THE
184		-	DECLARATION
185		-	, BYLAWS, OR RULES AND REGULATIONS OF A COMMON
186		-	INTEREST COMMUNITY
187		-	, ALL AS DEFINED IN SECTION 38-33.3-103, AND ANY
188		-	RULE OR POLICY OF A SPECIAL DISTRICT
189		-	, AS DEFINED IN SECTION 32-1-103
190		-	(20),
191		-	THAT PROHIBITS OR LIMITS XERISCAPE , PROHIBITS OR LIMITS THE
192		-	INSTALLATION OR USE OF DROUGHT
193		-	-TOLERANT VEGETATIVE OR
194		-	NONVEGETATIVE LANDSCAPES
195		-	, REQUIRES CULTIVATED VEGETATION TO
196		-	PAGE 4-SENATE BILL 23-178 CONSIST WHOLLY OR PARTIALLY OF TURF GRASS , OR PROHIBITS THE USE OF
197		-	NONVEGETATIVE TURF GRASS IN THE BACKYARD OF A RESIDENTIAL
198		-	PROPERTY IS HEREBY DECLARED CONTRARY TO PUBLIC POLICY AND
199		-	, ON THAT
200		-	BASIS
201		-	, IS UNENFORCEABLE. THIS SUBSECTION (11)(a.5) DOES NOT PROHIBIT
202		-	COMMON INTEREST COMMUNITIES OR SPECIAL DISTRICTS FROM ADOPTING
203		-	AND ENFORCING DESIGN OR AESTHETIC GUIDELINES OR RULES THAT APPLY
204		-	TO DROUGHT
205		-	-TOLERANT VEGETATIVE OR NONVEGETATIVE LANDSCAPES OR
206		-	REGULATE THE TYPE
207		-	, NUMBER, AND PLACEMENT OF DROUGHT -TOLERANT
208		-	PLANTINGS AND HARDSCAPES THAT MAY BE INSTALLED ON PROPERTY THAT
209		-	IS SUBJECT TO THE GUIDELINES OR RULES
210		-	; EXCEPT THAT THE GUIDELINES OR
211		-	RULES MUST
212		-	:
213		-	(A) N
214		-	OT PROHIBIT THE USE OF NONVEGETATIVE TURF GRASS IN THE
215		-	BACKYARD OF A RESIDENTIAL PROPERTY
216		-	;
	186	+	UNIT THAT IS A SINGLE-FAMILY ATTACHED HOME THAT
	187	+	4
	188	+	SHARES ONE OR MORE WALLS WITH ANOTHER UNIT ; OR5
	189	+	(B) A
	190	+	CONDOMINIUM.
	191	+	6
	192	+	SECTION 2. In Colorado Revised Statutes, 37-60-126, amend7
	193	+	(11)(b)(IV); and add (11)(a)(III) and (11)(a.5) as follows:8
	194	+	37-60-126. Water conservation and drought mitigation9
	195	+	planning - programs - relationship to state assistance for water10
	196	+	facilities - guidelines - water efficiency grant program - definitions -11
	197	+	repeal. (11) (a) (III) THIS SUBSECTION (11)(a), AS AMENDED BY SENATE12
	198	+	BILL 23-178, ENACTED IN 2023, APPLIES ONLY TO A UNIT THAT IS A13
	199	+	SINGLE-FAMILY HOME THAT SHARES ONE OR MORE WALLS WITH ANOTHER14
	200	+	UNIT AND DOES NOT APPLY TO A UNIT THAT IS A DETACHED SINGLE-FAMILY15
	201	+	HOME.16
	202	+	(a.5) (I) ANY SECTION OF A RESTRICTIVE COVENANT OR OF THE17
	203	+	DECLARATION, BYLAWS, OR RULES AND REGULATIONS OF A COMMON18
	204	+	INTEREST COMMUNITY, ALL AS DEFINED IN SECTION 38-33.3-103, AND ANY19
	205	+	RULE OR POLICY OF A SPECIAL DISTRICT, AS DEFINED IN SECTION 32-1-10320
	206	+	(20), THAT PROHIBITS OR LIMITS XERISCAPE, PROHIBITS OR LIMITS THE21
	207	+	INSTALLATION OR USE OF DROUGHT-TOLERANT VEGETATIVE OR22
	208	+	NONVEGETATIVE LANDSCAPES, REQUIRES CULTIVATED VEGETATION TO23
	209	+	CONSIST WHOLLY OR PARTIALLY OF TURF GRASS, OR PROHIBITS THE USE OF24
	210	+	NONVEGETATIVE TURF GRASS IN THE BACKYARD OF A RESIDENTIAL25
	211	+	PROPERTY IS HEREBY DECLARED CONTRARY TO PUBLIC POLICY AND , ON26
	212	+	THAT BASIS, IS UNENFORCEABLE. THIS SUBSECTION (11)(a.5) DOES NOT27
	213	+	178
	214	+	-6- PROHIBIT COMMON INTEREST COMMUNITIES OR SPECIAL DISTRICTS FROM1
	215	+	ADOPTING AND ENFORCING DESIGN OR AESTHETIC GUIDELINES OR RULES2
	216	+	THAT APPLY TO DROUGHT-TOLERANT VEGETATIVE OR NONVEGETATIVE3
	217	+	LANDSCAPES OR REGULATE THE TYPE, NUMBER, AND PLACEMENT OF4
	218	+	DROUGHT-TOLERANT PLANTINGS AND HARDSCAPES THAT MAY BE5
	219	+	INSTALLED ON PROPERTY THAT IS SUBJECT TO THE GUIDELINES OR RULES;6
	220	+	EXCEPT THAT THE GUIDELINES OR RULES MUST :7
	221	+	(A) NOT PROHIBIT THE USE OF NONVEGETATIVE TURF GRASS IN8
	222	+	THE BACKYARD OF A RESIDENTIAL PROPERTY ;9
217	223		(B) N
218		-	OT UNREASONABLY REQUIRE THE USE OF HARDSCAPE ON MORE
219		-	THAN TWENTY PERCENT OF THE L ANDSCAPING AREA OF A UNIT OF A
220		-	COMMON INTEREST COMMUNITY
221		-	, AS THOSE TERMS ARE DEFINED IN SECTION
222		-	38-33.3-103 (8) AND (30);
	224	+	OT UNREASONABLY REQUIRE THE USE OF HARDSCAPE ON10
	225	+	MORE THAN TWENTY PERCENT OF THE LANDSCAPING AREA OF A UNIT OF11
	226	+	A COMMON INTEREST COMMUNITY , AS THOSE TERMS ARE DEFINED IN12
	227	+	SECTION 38-33.3-103 (8) AND (30);13
223	228		(C) A
224		-	LLOW A UNIT OWNER, AS DEFINED IN SECTION 38-33.3-103 (31),
225		-	AN OPTION THAT CONSISTS OF AT LEAST EIGHTY PERCENT
226		-	DROUGHT
227		-	-TOLERANT PLANTINGS; AND
228		-	(D) NOT PROHIBIT VEGETABLE GARDENS IN THE FRONT , BACK, OR
229		-	SIDE YARD OF A UNIT OWNER
230		-	'S PROPERTY. AS USED IN THIS SUBSECTION
231		-	(11)(a.5)(I)(D), "VEGETABLE GARDEN" MEANS A PLOT OF GROUND OR AN
232		-	ELEVATED SOIL BED IN WHICH POLLINATOR PLANTS
233		-	, FLOWERS, OR
234		-	VEGETABLES OR HERBS
235		-	, FRUITS, LEAFY GREENS, OR OTHER EDIBLE PLANTS
236		-	ARE CULTIVATED
237		-	.
	229	+	LLOW A UNIT OWNER, AS DEFINED IN SECTION 38-33.3-10314
	230	+	(31),
	231	+	AN OPTION THAT CONSISTS OF AT LEAST EIGHTY PERCENT15
	232	+	DROUGHT-TOLERANT PLANTINGS; AND16
	233	+	(D) N
	234	+	OT PROHIBIT VEGETABLE GARDENS IN THE FRONT , BACK, OR17
	235	+	SIDE YARD OF A UNIT OWNER'S PROPERTY. AS USED IN THIS SUBSECTION18
	236	+	(11)(a.5)(II)(D), "VEGETABLE GARDEN" MEANS A PLOT OF GROUND OR AN19
	237	+	ELEVATED SOIL BED IN WHICH POLLINATOR PLANTS , FLOWERS, OR20
	238	+	VEGETABLES OR HERBS, FRUITS, LEAFY GREENS, OR OTHER EDIBLE PLANTS21
	239	+	ARE CULTIVATED.22
	240	+	(II) THIS SUBSECTION (11)(a.5) DOES NOT APPLY TO:23
	241	+	(A) A UNIT OWNERS' ASSOCIATION, AS DEFINED IN SECTION24
	242	+	38-33.3-103 (3), THAT INCLUDES TIME SHARE UNITS, AS DEFINED IN25
	243	+	SECTION 38-33-110 (7); OR26
	244	+	(B) A UNIT, AS DEFINED IN SECTION 38-33.3-103 (30), THAT IS A27
	245	+	178
	246	+	-7- SINGLE-FAMILY HOME THAT SHARES ONE OR MORE WALLS WITH ANOTHER1
	247	+	UNIT.2
	248	+	(b) As used in this subsection (11):3
	249	+	(IV) "Xeriscape" means the application of the principles of4
	250	+	landscape planning and design, soil analysis and improvement,5
	251	+	appropriate plant selection, limitation of turf area, use of mulches,6
	252	+	irrigation efficiency, and appropriate maintenance that results in water use7
	253	+	efficiency and water-saving practices HAS THE MEANING SET FORTH IN8
	254	+	SECTION 38-33.3-103 (33).9
	255	+	10
	256	+	SECTION 3. In Colorado Revised Statutes, 37-60-115, amend11
	257	+	(6)(e) as follows:12
	258	+	37-60-115. Water studies - rules - repeal. (6) Precipitation13
	259	+	harvesting pilot projects. (e) (I) This subsection (6) is repealed,14
	260	+	effective July 1, 2026.15
238	261		(II) T
239		-	HIS SUBSECTION (11)(a.5) DOES NOT APPLY TO:
240		-	(A) A
241		-	UNIT OWNERS' ASSOCIATION, AS DEFINED IN SECTION
242		-	38-33.3-103 (3), THAT INCLUDES TIME SHARE UNITS, AS DEFINED IN SECTION
243		-	38-33-110 (7); OR
244		-	(B) A UNIT, AS DEFINED IN SECTION 38-33.3-103 (30), THAT IS A
245		-	SINGLE
246		-	-FAMILY HOME THAT SHARES ONE OR MORE WALLS WITH ANOTHER
247		-	UNIT
248		-	.
249		-	PAGE 5-SENATE BILL 23-178 (b) As used in this subsection (11):
250		-	(IV) "Xeriscape" means the application of the principles of
251		-	landscape planning and design, soil analysis and improvement, appropriate
252		-	plant selection, limitation of turf area, use of mulches, irrigation efficiency,
253		-	and appropriate maintenance that results in water use efficiency and
254		-	water-saving practices HAS THE MEANING SET FORTH IN SECTION
255		-	38-33.3-103 (33).
256		-	SECTION 3. In Colorado Revised Statutes, 37-60-115, amend
257		-	(6)(e) as follows:
258		-	37-60-115. Water studies - rules - repeal. (6) Precipitation
259		-	harvesting pilot projects. (e) (I) This subsection (6) is repealed, effective
260		-	July 1, 2026.
261		-	(II) T
262		-	HIS REPEAL DOES NOT AFFECT OR OTHERWISE PRECLUDE WATER
263		-	COURTS FROM ADJUDICATING ANY APPLICATION FOR AN AUGMENTATION
264		-	PLAN PURSUANT TO THIS SUBSECTION
265		-	(6) THAT IS FILED PRIOR TO JULY 1,
266		-	2026.
267		-	SECTION 4. Act subject to petition - effective date. This act
268		-	takes effect at 12:01 a.m. on the day following the expiration of the
269		-	ninety-day period after final adjournment of the general assembly; except
270		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
271		-	of the state constitution against this act or an item, section, or part of this act
272		-	within such period, then the act, item, section, or part will not take effect
273		-	unless approved by the people at the general election to be held in
274		-	PAGE 6-SENATE BILL 23-178 November 2024 and, in such case, will take effect on the date of the official
275		-	declaration of the vote thereon by the governor.
276		-	____________________________ ____________________________
277		-	Steve Fenberg
278		-	Julie McCluskie
279		-	PRESIDENT OF SPEAKER OF THE HOUSE
280		-	THE SENATE OF REPRESENTATIVES
281		-	____________________________ ____________________________
282		-	Cindi L. Markwell Robin Jones
283		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
284		-	THE SENATE OF REPRESENTATIVES
285		-	APPROVED________________________________________
286		-	(Date and Time)
287		-	_________________________________________
288		-	Jared S. Polis
289		-	GOVERNOR OF THE STATE OF COLORADO
290		-	PAGE 7-SENATE BILL 23-178
	262	+	HIS REPEAL DOES NOT AFFECT OR OTHERWISE PRECLUDE
	263	+	16
	264	+	WATER COURTS FROM ADJUDICATING ANY APPLICATION FOR AN17
	265	+	AUGMENTATION PLAN PURSUANT TO THIS SUBSECTION (6) THAT IS FILED18
	266	+	PRIOR TO JULY 1, 2026.19
	267	+	SECTION 4. Act subject to petition - effective date. This act20
	268	+	takes effect at 12:01 a.m. on the day following the expiration of the21
	269	+	ninety-day period after final adjournment of the general assembly; except22
	270	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V23
	271	+	of the state constitution against this act or an item, section, or part of this24
	272	+	act within such period, then the act, item, section, or part will not take25
	273	+	effect unless approved by the people at the general election to be held in26
	274	+	178
	275	+	-8- November 2024 and, in such case, will take effect on the date of the1
	276	+	official declaration of the vote thereon by the governor.2
	277	+	178
	278	+	-9-