First Regular Session Seventy-fifth General Assembly STATE OF COLORADO REVISED This Version Includes All Amendments Adopted on Second Reading in the Second House LLS NO. 25-0513.01 Richard Sweetman x4333 HOUSE BILL 25-1113 House Committees Senate Committees Agriculture, Water & Natural Resources Agriculture & 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 SENATE Amended 2nd Reading April 3, 2025 HOUSE 3rd Reading Unamended March 4, 2025 HOUSE Amended 2nd Reading February 28, 2025 HOUSE SPONSORSHIP Smith and McCormick, Bacon, Boesenecker, Brown, Camacho, Duran, Froelich, Joseph, Lindsay, Martinez, McCluskie, Sirota, Stewart R., Titone 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), (7), and (17); repeal (1)(b); and add (1)(a)(IV),22 (1.5), (6.5), (10.5), (12.5), (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 (6.5) "F UNCTIONAL ARTIFICIAL TURF" MEANS ARTIFICIAL TURF 8 THAT IS:9 (a) L OCATED IN A RECREATIONAL USE AREA OR OTHER SPACE THAT 10 IS REGULARLY USED FOR CIVIC , COMMUNITY, OR RECREATIONAL11 PURPOSES, WHICH MAY INCLUDE A PLAYGROUND , A SPORTS FIELD, A PICNIC12 GROUND, AN AMPHITHEATER, A PORTION OF A PARK, AND THE PLAYING13 AREA OF A GOLF COURSE , SUCH AS A DRIVING RANGE , CHIPPING AND14 PUTTING GREEN, TEE BOX, GREEN, FAIRWAY, AND ROUGH; OR15 (b) A COMPONENT OF A PRODUCT DESIGNED AND APPROVED BY A 16 PROFESSIONAL ENGINEER FOR CIVIL INFRASTRUCTURE PROJECTS ,17 INCLUDING BUT NOT LIMITED TO:18 (I) C OVERS FOR SOLID WASTE FACILITIES AND BROWNFIELD SITES ; 19 AND20 (II) R EVETMENTS FOR SLOPES, CHANNELS, LEVEES, AND DAMS. 21 (7) "Functional turf" means turf that is located in a recreational22 use area or other space that is regularly used for civic, community, or23 recreational purposes, which may include playgrounds, sports fields,24 picnic grounds, amphitheaters, portions of parks, and the playing areas of25 golf courses, such as driving ranges, chipping and putting greens, tee26 boxes, greens, fairways, and roughs A PLAYGROUND, A SPORTS FIELD, A27 1113 -4- PICNIC GROUND, AN AMPHITHEATER, A PORTION OF A PARK, AND THE1 PLAYING AREA OF A GOLF COURSE, SUCH AS A DRIVING RANGE, CHIPPING2 AND PUTTING GREEN, TEE BOX, GREEN, FAIRWAY, AND ROUGH.3 (10.5) "MULTIFAMILY RESIDENTIAL HOUSING PREMISES PROPERTY "4 MEANS COMMON INTEREST PROPERTY SUCH AS ENTRYWAYS, PARKS, AND5 OTHER COMMON ELEMENTS AS DEFINED IN SECTION 38-33.3-103 (5).6 (12.5) "N ONFUNCTIONAL ARTIFICIAL TURF " MEANS ARTIFICIAL 7 TURF THAT IS NOT FUNCTIONAL ARTIFICIAL TURF .8 (14.5) "R ESIDENTIAL REAL PROPERTY" HAS THE MEANING SET9 FORTH IN SECTION 39-1-102 (14.5).10(17) "Turf" has the meaning set forth in section 37-60-135 (2)(i)11 MEANS CONTINUOUS PLANT COVERAGE CONSISTING OF NONNATIVE12 GRASSES OR GRASSES THAT HAVE NOT BEEN HYBRIDIZED FOR ARID13 CONDITIONS AND WHICH, WHEN REGULARLY MOWED, FORM A DENSE14 GROWTH OF LEAF BLADES AND ROOTS .15 (18.5) "URBAN TREE" MEANS A PERENNIAL WOODY PLANT WITH A16 SINGLE OR MULTIPLE TRUNKS THAT SUPPORT A CANOPY OF BRANCHES AND17 LEAVES AND THAT PROVIDES ECOLOGICAL, SOCIAL, AND ECONOMIC18 BENEFITS WITHIN A BUILT ENVIRONMENT .19 SECTION 3. In Colorado Revised Statutes, 37-99-103, amend20 (1), (3), (4)(a), (4)(b), (4)(d), and (4)(e); and add (4)(f) and (5) as21 follows:22 37-99-103. Prohibition of nonfunctional turf, nonfunctional23 artificial turf, and invasive plant species - local entities - construction24 or renovation of state facilities. (1) On and after January 1, 2026, a25 local entity shall not install, plant, or place, or allow any person to install,26 plant, or place, any nonfunctional turf, NONFUNCTIONAL artificial turf, or 27 1113 -5- invasive plant species, as part of a new development project or1 redevelopment project, on any portion of applicable property within the2 local entity's jurisdiction.3 (3) The department shall not install, plant, or place, or allow any4 person to install, plant, or place, any nonfunctional turf, NONFUNCTIONAL 5 artificial turf, or invasive plant species as part of a project for the6 construction or renovation of a state facility, which project design7 commences on or after January 1, 2025.8 (4) Nothing in this section prohibits:9 (a) A local entity from maintaining, or allowing any person to10 maintain, any nonfunctional turf, NONFUNCTIONAL ARTIFICIAL TURF , 11 artificial turf, or invasive plant species installed, planted, or placed before12 January 1, 2026;13 (b) The department from maintaining, or allowing any person to14 maintain, any nonfunctional turf, NONFUNCTIONAL ARTIFICIAL TURF , 15 artificial turf, or invasive plant species installed, planted, or placed at a16 state facility before January 1, 2025;17 (d) A local entity or the department from establishing prohibitions18 on, or requirements for, nonfunctional turf, artificial turf, or invasive19 plant species that are more stringent than the requirements of this section;20 or21 (e) A local entity or the department from installing, or allowing22 any A person to install, artificial turf on athletic fields of play; OR23 (f) A LOCAL ENTITY OR THE DEPARTMENT FROM INSTALLING OR24 PRESERVING URBAN TREES.25 (5) (a) ON AND AFTER JANUARY 1, 2028, A LOCAL ENTITY SHALL26 NOT INSTALL, PLANT, OR PLACE, OR ALLOW A PERSON TO INSTALL, PLANT,27 1113 -6- OR PLACE, ANY NONFUNCTIONAL TURF, NONFUNCTIONAL ARTIFICIAL TURF,1 OR INVASIVE PLANT SPECIES, AS PART OF A NEW DEVELOPMENT PROJECT2 OR REDEVELOPMENT PROJECT, ON ANY PORTION OF APPLICABLE3 PROPERTIES THAT INCLUDE MULTIFAMILY RESIDENTIAL HOUSING PREMISES4 PROPERTY.5 (b) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE6 CONTRARY, A LOCAL ENTITY OR THE DEPARTMENT SHALL NOT RESTRICT7 A PERSON FROM INSTALLING OR ALLOWING ANOTHER PERSON TO INSTALL8 GRASS SEED OR SOD THAT:9 (I) IS A NATIVE PLANT;10 (II) HAS BEEN HYBRIDIZED FOR ARID CONDITIONS ; OR11 (III) IS A LOW-WATER GRASS.12 (c) ON OR BEFORE JANUARY 1, 2028, EACH LOCAL ENTITY WITH13 LAND USE PLANNING AND ZONING AUTHORITY SHALL ENACT OR AMEND14 ORDINANCES, RESOLUTIONS, REGULATIONS, OR OTHER LAWS REGULATING15 NEW DEVELOPMENT PROJECTS AND REDEVELOPMENT PROJECTS TO :16 (I) REGULATE THE INSTALLATION OF NONFUNCTIONAL TURF IN17 ORDER TO REDUCE IRRIGATION WATER DEMAND ON APPLICABLE PROPERTY18 IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION ; AND19 (II) INCLUDE CONSIDERATION OF APPLICABLE RESIDENTIAL REAL20 PROPERTY.21 SECTION 4. In Colorado Revised Statutes, add 37-99-104 as22 follows:23 37-99-104. Regulation of turf in new residential property -24 local entities - exemptions. (1) ON OR BEFORE JANUARY 1, 2028, EACH25 LOCAL ENTITY WITH LAND USE PLANNING AND ZONING AUTHORITY SHALL26 ENACT OR AMEND ORDINANCES , RESOLUTIONS, REGULATIONS, OR OTHER27 1113 -7- LAWS REGULATING NEW DEVELOPMENT PROJECTS AND REDEVELOPMENT1 PROJECTS WITHIN THE LOCAL ENTITY 'S JURISDICTION TO REGULATE THE2 INSTALLATION OF TURF TO REDUCE IRRIGATION WATER DEMAND FOR ALL3 RESIDENTIAL REAL PROPERTY THAT IS NOT APPLICABLE RESIDENTIAL REAL4 PROPERTY.5 (2) O N AND AFTER JANUARY 1, 2028, WHEN ENACTING OR6 AMENDING ORDINANCES , RESOLUTIONS, REGULATIONS, OR OTHER LAWS7 REGULATING NEW DEVELOPMENT PROJECTS AND REDEVELOPMENT8 PROJECTS, EACH LOCAL ENTITY WITH LAND USE PLANNING AND ZONING9 AUTHORITY SHALL REGULATE THE INSTALLATION OF TURF TO REDUCE10 IRRIGATION WATER DEMAND FOR ALL RESIDENTIAL REAL PROPERTY THAT11 IS NOT APPLICABLE RESIDENTIAL REAL PROPERTY .12 (3) EACH LOCAL ENTITY WITH LAND USE PLANNING AND ZONING13 AUTHORITY MAY CHOOSE THE STANDARD OR MECHANISM BY WHICH IT14 REGULATES TURF IN NEW DEVELOPMENT PROJECTS AND REDEVELOPMENT15 PROJECTS OF RESIDENTIAL REAL PROPERTY PURSUANT TO THIS SECTION .16 (4) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE17 CONTRARY, NEITHER A LOCAL ENTITY NOR THE DEPARTMENT SHALL18 RESTRICT A PERSON FROM INSTALLING OR ALLOWING ANOTHER PERSON TO19 INSTALL GRASS SEED OR SOD THAT:20 (a) IS A NATIVE PLANT;21 (b) HAS BEEN HYBRIDIZED FOR ARID CONDITIONS ; OR22 (c) IS A LOW-WATER GRASS.23 SECTION 5. Act subject to petition - effective date. This act24 takes effect at 12:01 a.m. on the day following the expiration of the25 ninety-day period after final adjournment of the general assembly; except26 that, if a referendum petition is filed pursuant to section 1 (3) of article V27 1113 -8- of the state constitution against this act or an item, section, or part of this1 act within such period, then the act, item, section, or part will not take2 effect unless approved by the people at the general election to be held in3 November 2026 and, in such case, will take effect on the date of the4 official declaration of the vote thereon by the governor.5 1113 -9-