Colorado 2025 2025 Regular Session

Colorado House Bill HB1113 Engrossed / Bill

Filed 02/28/2025

                    First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 25-0513.01 Richard Sweetman x4333
HOUSE BILL 25-1113
House Committees Senate Committees
Agriculture, Water & Natural Resources
A BILL FOR AN ACT
C
ONCERNING LIMITING THE USE OF CERTAIN LANDSCAPING PRACTICES101
IN NEW RESIDENTIAL DEVELOPMENT .102
Bill Summary
(Note:  This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
In the 2024 regular legislative session, the general assembly
enacted Senate Bill 24-005, which:
! Prohibits a local entity, on and after January 1, 2026, from
installing, planting, or placing, or allowing any person to
install, plant, or place, any nonfunctional turf, artificial turf,
or invasive plant species, as part of a new development
HOUSE
Amended 2nd Reading
February 28, 2025
HOUSE SPONSORSHIP
Smith and McCormick,
SENATE SPONSORSHIP
Roberts,
Shading denotes HOUSE amendment.  Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. project or redevelopment project, on any portion of
applicable property within the local entity's jurisdiction;
and
! Requires a local entity, on or before January 1, 2026, to
enact or amend ordinances, resolutions, regulations, or
other laws regulating new development projects and
redevelopment projects on applicable property in
accordance with the new requirements.
For the purposes of Senate Bill 24-005, the bill expands the
definition of "applicable property" to include residential real property that
is used for apartment or condominium housing (applicable residential real
property).
The bill also requires each local entity to enact or amend, on or
before January 1, 2028, ordinances, resolutions, regulations, or other laws
regulating new development projects and redevelopment projects within
the local entity's jurisdiction to limit the installation of turf for all
residential real property that is not applicable residential real property.
Local entities must also impose limits on the installation of turf when
enacting or amending ordinances, resolutions, regulations, or other laws
on and after January 1, 2028.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds that:3
(a) As Colorado continues to grapple with the impacts of climate4
change, green urban spaces, such as urban tree canopies, are a vital5
adaptation tool for mitigating the impacts of climate change, especially6
for mitigating the urban heat island effect, which can increase energy7
costs, air pollution, and heat-related illnesses and deaths;8
(b) However, water supply in the western United States is9
increasingly scarce due to climate change and increasing demand;10
(c) Many communities in the state overuse nonnative grass for11
landscaping purposes, which requires large amounts of water to maintain;12
(d) While there are appropriate and important uses for turf,13
including for civic, community, or recreational purposes such as use in14
1113-2- parks, sports fields, and playgrounds, much of the turf in the state is1
nonfunctional, located in areas that receive little, if any, use, and could be2
replaced with landscaping that adheres to water-wise landscaping3
principles without adversely impacting quality of life or landscape4
functionality;5
(e) Prohibiting the installation, planting, or placement of6
nonfunctional turf in multifamily property in the state can help conserve7
the state's water resources;8
(f) Requiring local governments to regulate turf in new residential9
properties can help preserve the limited water in our state;10
(g) Many communities and developments develop in a water-wise11
manner already and are appreciated; and12
(h) Installed vegetation that adheres to water-wise landscaping13
principles can help reduce outdoor demand for water while avoiding heat14
islands.15
(2) The general assembly therefore declares that preventing the16
installation, planting, or placement of nonfunctional turf, artificial turf,17
and invasive plant species in applicable property in the state is:18
(a)  A matter of statewide concern; and19
(b)  In the public interest.20
SECTION 2. In Colorado Revised Statutes, 37-99-102, amend21
(1)(a)(II), (1)(a)(III), and (17); repeal (1)(b); and add (1)(a)(IV), (1.5),22
(10.5), (14.5), and (18.5) as follows:23
37-99-102.  Definitions. As used in this article 99, unless the24
context otherwise requires:25
(1) (a)  "Applicable property" means:26
(II)  Common interest community property; or27
1113
-3- (III)  A street right-of-way, parking lot, median, or transportation1
corridor; 
OR2
(IV)  A
PPLICABLE RESIDENTIAL REAL PROPERTY .3
(b)  "Applicable property" does not include residential property.
4
(1.5)  "A
PPLICABLE RESIDENTIAL REAL PROPERTY " MEANS 
      A5
MULTIFAMILY RESIDENTIAL HOUSING PREMISES PROPERTY THAT INCLUDES6
MORE THAN TWELVE DWELLING UNITS .7
(10.5)  "MULTIFAMILY RESIDENTIAL HOUSING PREMISES PROPERTY "8
MEANS COMMON INTEREST PROPERTY SUCH AS ENTRYWAYS, PARKS, AND9
OTHER COMMON ELEMENTS AS DEFINED IN SECTION 38-33.3-103 (5).10
(14.5)  "R
ESIDENTIAL REAL PROPERTY" HAS THE MEANING SET11
FORTH IN SECTION 39-1-102 (14.5).12	(17) "Turf" has the meaning set forth in section 37-60-135 (2)(i)13
MEANS CONTINUOUS PLANT COVERAGE CONSISTING OF NONNATIVE14
GRASSES OR GRASSES THAT HAVE NOT BEEN HYBRIDIZED FOR ARID15
CONDITIONS AND WHICH, WHEN REGULARLY MOWED , FORM A DENSE16
GROWTH OF LEAF BLADES AND ROOTS .17
(18.5) "URBAN TREE" MEANS A PERENNIAL WOODY PLANT WITH A18
SINGLE OR MULTIPLE TRUNKS THAT SUPPORT A CANOPY OF BRANCHES AND19
LEAVES AND THAT PROVIDES ECOLOGICAL, SOCIAL, AND ECONOMIC20
BENEFITS WITHIN A BUILT ENVIRONMENT .21
SECTION 3. In Colorado Revised Statutes, 37-99-103, amend22
(4)(d) and (4)(e); and add (4)(f) and (5) as follows:23
37-99-103.  Prohibition of nonfunctional turf, artificial turf,24
and invasive plant species - local entities - construction or renovation25
of state facilities. (4)  Nothing in this section prohibits:26
(d) A local entity or the department from establishing prohibitions27
1113
-4- on, or requirements for, nonfunctional turf, artificial turf, or invasive1
plant species that are more stringent than the requirements of this section;2
or3
(e) A local entity or the department from installing, or allowing 4
any A person to install, artificial turf on athletic fields of play; OR5
(f) A LOCAL ENTITY OR THE DEPARTMENT FROM INSTALLING OR6
PRESERVING URBAN TREES.7
(5) (a)  ON AND AFTER JANUARY 1, 2028, A LOCAL ENTITY SHALL8
NOT INSTALL, PLANT, OR PLACE, OR ALLOW A PERSON TO INSTALL, PLANT,9
OR PLACE, ANY NONFUNCTIONAL TURF, ARTIFICIAL TURF, OR INVASIVE10
PLANT SPECIES, AS PART OF A NEW DEVELOPMENT PROJECT OR11
REDEVELOPMENT PROJECT, ON ANY PORTION OF APPLICABLE PROPERTIES12
THAT INCLUDE MULTIFAMILY RESIDENTIAL HOUSING PREMISES PROPERTY.13
(b) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE14
CONTRARY, A LOCAL ENTITY OR THE DEPARTMENT SHALL NOT RESTRICT15
A PERSON FROM INSTALLING OR ALLOWING ANOTHER PERSON TO INSTALL16
GRASS SEED OR SOD THAT:17
(I)  IS A NATIVE PLANT;18
(II)  HAS BEEN HYBRIDIZED FOR ARID CONDITIONS ; OR19
(III)  IS A LOW-WATER GRASS.20
(c) ON OR BEFORE JANUARY 1, 2028, EACH LOCAL ENTITY WITH21
LAND USE PLANNING AND ZONING AUTHORITY SHALL ENACT OR AMEND22
ORDINANCES, RESOLUTIONS, REGULATIONS, OR OTHER LAWS REGULATING23
NEW DEVELOPMENT PROJECTS AND REDEVELOPMENT PROJECTS TO :24
(I) REGULATE THE INSTALLATION OF NONFUNCTIONAL TURF IN25
ORDER TO REDUCE IRRIGATION WATER DEMAND ON APPLICABLE PROPERTY26
IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION ; AND27
1113
-5- (II)  INCLUDE CONSIDERATION OF APPLICABLE RESIDENTIAL REAL1
PROPERTY.2
SECTION 4. In Colorado Revised Statutes, add 37-99-104 as3
follows:4
37-99-104.  Regulation of turf in new residential property -5
local entities - exemptions. (1) ON OR BEFORE JANUARY 1, 2028, EACH6
LOCAL ENTITY WITH LAND USE PLANNING AND ZONING AUTHORITY SHALL7
ENACT OR AMEND ORDINANCES , RESOLUTIONS, REGULATIONS, OR OTHER8
LAWS REGULATING NEW DEVELOPMENT PROJECTS AND REDEVELOPMENT9
PROJECTS WITHIN THE LOCAL ENTITY 'S JURISDICTION TO REGULATE THE10
INSTALLATION OF TURF TO REDUCE IRRIGATION WATER DEMAND FOR ALL11
RESIDENTIAL REAL PROPERTY THAT IS NOT APPLICABLE RESIDENTIAL REAL12
PROPERTY.13
(2)  O
N AND AFTER JANUARY 1, 2028, WHEN ENACTING OR14
AMENDING ORDINANCES , RESOLUTIONS, REGULATIONS, OR OTHER LAWS15
REGULATING NEW DEVELOPMENT PROJECTS AND REDEVELOPMENT16 PROJECTS, EACH LOCAL ENTITY WITH LAND USE PLANNING AND ZONING17
AUTHORITY SHALL REGULATE THE INSTALLATION OF TURF TO REDUCE18
IRRIGATION WATER DEMAND FOR ALL RESIDENTIAL REAL PROPERTY THAT19
IS NOT APPLICABLE RESIDENTIAL REAL PROPERTY .20
(3) EACH LOCAL ENTITY WITH LAND USE PLANNING AND ZONING21
AUTHORITY MAY CHOOSE THE STANDARD OR MECHANISM BY WHICH IT22
REGULATES TURF IN NEW DEVELOPMENT PROJECTS AND REDEVELOPMENT23
PROJECTS OF RESIDENTIAL REAL PROPERTY PURSUANT TO THIS SECTION .24
(4) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE25
CONTRARY, NEITHER A LOCAL ENTITY NOR THE DEPARTMENT SHALL26
RESTRICT A PERSON FROM INSTALLING OR ALLOWING ANOTHER PERSON TO27
1113
-6- INSTALL GRASS SEED OR SOD THAT:1
(a)  IS A NATIVE PLANT;2
(b)  HAS BEEN HYBRIDIZED FOR ARID CONDITIONS ; OR3
(c)  IS A LOW-WATER GRASS.4
SECTION 5. Act subject to petition - effective date. This act5
takes effect at 12:01 a.m. on the day following the expiration of the6
ninety-day period after final adjournment of the general assembly; except7
that, if a referendum petition is filed pursuant to section 1 (3) of article V8
of the state constitution against this act or an item, section, or part of this9
act within such period, then the act, item, section, or part will not take10
effect unless approved by the people at the general election to be held in11
November 2026 and, in such case, will take effect on the date of the12
official declaration of the vote thereon by the governor.13
1113
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