HOUSE BILL 25-1113
BY REPRESENTATIVE(S) Smith and McCormick, Bacon, Boesenecker,
Brown, Camacho, Duran, Froelich, Joseph, Lindsay, Martinez, Sirota,
Stewart R., Titone, McCluskie;
also SENATOR(S) Roberts, Bridges, Cutter, Danielson, Daugherty,
Hinrichsen, Jodeh, Kipp, Kolker, Marchman, Michaelson Jenet, Snyder,
Wallace, Weissman, Winter F.
C
ONCERNING LIMITING THE USE OF CERTAIN LANDSCAPING PRACTICES IN
NEW RESIDENTIAL DEVELOPMENT
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds that:
(a) As Colorado continues to grapple with the impacts of climate
change, green urban spaces, such as urban tree canopies, are a vital
adaptation tool for mitigating the impacts of climate change, especially for
mitigating the urban heat island effect, which can increase energy costs, air
pollution, and heat-related illnesses and deaths;
(b) However, water supply in the western United States is
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. increasingly scarce due to climate change and increasing demand;
(c) Many communities in the state overuse nonnative grass for
landscaping purposes, which requires large amounts of water to maintain;
(d) While there are appropriate and important uses for turf,
including for civic, community, or recreational purposes such as use in
parks, sports fields, and playgrounds, much of the turf in the state is
nonfunctional, located in areas that receive little, if any, use, and could be
replaced with landscaping that adheres to water-wise landscaping principles
without adversely impacting quality of life or landscape functionality;
(e) Prohibiting the installation, planting, or placement of
nonfunctional turf in multifamily property in the state can help conserve the
state's water resources;
(f) Requiring local governments to regulate turf in new residential
properties can help preserve the limited water in our state;
(g) Many communities and developments develop in a water-wise
manner already and are appreciated; and
(h) Installed vegetation that adheres to water-wise landscaping
principles can help reduce outdoor demand for water while avoiding heat
islands.
(2) The general assembly therefore declares that preventing the
installation, planting, or placement of nonfunctional turf, artificial turf, and
invasive plant species in applicable property in the state is:
(a) A matter of statewide concern; and
(b) In the public interest.
SECTION 2. In Colorado Revised Statutes, 37-99-102, amend
(1)(a)(II), (1)(a)(III), (7), and (17); repeal (1)(b); and add (1)(a)(IV), (1.5),
(6.5), (10.5), (12.5), (14.5), and (18.5) as follows:
37-99-102. Definitions. As used in this article 99, unless the context
otherwise requires:
PAGE 2-HOUSE BILL 25-1113 (1) (a) "Applicable property" means:
(II) Common interest community property; or
(III) A street right-of-way, parking lot, median, or transportation
corridor;
OR
(IV) APPLICABLE RESIDENTIAL REAL PROPERTY .
(b) "Applicable property" does not include residential property.
(1.5) "APPLICABLE RESIDENTIAL REAL PROPERTY " MEANS A
MULTIFAMILY RESIDENTIAL HOUSING PREMISES PROPERTY THAT INCLUDES
MORE THAN TWELVE DWELLING UNITS
.
(6.5) "F
UNCTIONAL ARTIFICIAL TURF" MEANS ARTIFICIAL TURF THAT
IS
:
(a) L
OCATED IN A RECREATIONAL USE AREA OR OTHER SPACE THAT
IS REGULARLY USED FOR CIVIC
, COMMUNITY, OR RECREATIONAL PURPOSES,
WHICH MAY INCLUDE A PLAYGROUND , A SPORTS FIELD, A PICNIC GROUND, AN
AMPHITHEATER
, A PORTION OF A PARK, AND THE PLAYING AREA OF A GOLF
COURSE
, SUCH AS A DRIVING RANGE, CHIPPING AND PUTTING GREEN, TEE
BOX
, GREEN, FAIRWAY, AND ROUGH; OR
(b) A COMPONENT OF A PRODUCT DESIGNED AND APPROVED BY A
PROFESSIONAL ENGINEER FOR CIVIL INFRASTRUCTURE PROJECTS
, INCLUDING
BUT NOT LIMITED TO
:
(I) C
OVERS FOR SOLID WASTE FACILITIES AND BROWNFIELD SITES ;
AND
(II) REVETMENTS FOR SLOPES, CHANNELS, LEVEES, AND DAMS.
(7) "Functional turf" means turf that is located in a recreational use
area or other space that is regularly used for civic, community, or
recreational purposes, which may include playgrounds, sports fields, picnic
grounds, amphitheaters, portions of parks, and the playing areas of golf
courses, such as driving ranges, chipping and putting greens, tee boxes,
greens, fairways, and roughs A PLAYGROUND, A SPORTS FIELD, A PICNIC
PAGE 3-HOUSE BILL 25-1113 GROUND, AN AMPHITHEATER, A PORTION OF A PARK, AND THE PLAYING AREA
OF A GOLF COURSE
, SUCH AS A DRIVING RANGE, CHIPPING AND PUTTING
GREEN
, TEE BOX, GREEN, FAIRWAY, AND ROUGH.
(10.5) "M
ULTIFAMILY RESIDENTIAL HOUSING PREMISES PROPERTY "
MEANS COMMON INTEREST PROPERTY SUCH AS ENTRYWAYS , PARKS, AND
OTHER COMMON ELEMENTS AS DEFINED IN SECTION
38-33.3-103 (5).
(12.5) "N
ONFUNCTIONAL ARTIFICIAL TURF" MEANS ARTIFICIAL TURF
THAT IS NOT FUNCTIONAL ARTIFICIAL TURF
.
(14.5) "R
ESIDENTIAL REAL PROPERTY" HAS THE MEANING SET FORTH
IN SECTION
39-1-102 (14.5).
(17) "Turf" has the meaning set forth in section 37-60-135 (2)(i)
MEANS CONTINUOUS PLANT COVERAGE CONSISTING OF NONNATIVE GRASSES
OR GRASSES THAT HAVE NOT BEEN HYBRIDIZED FOR ARID CONDITIONS AND
WHICH
, WHEN REGULARLY MOWED , FORM A DENSE GROWTH OF LEAF BLADES
AND ROOTS
.
(18.5) "U
RBAN TREE" MEANS A PERENNIAL WOODY PLANT WITH A
SINGLE OR MULTIPLE TRUNKS THAT SUPPORT A CANOPY OF BRANCHES AND
LEAVES AND THAT PROVIDES ECOLOGICAL
, SOCIAL, AND ECONOMIC BENEFITS
WITHIN A BUILT ENVIRONMENT
.
SECTION 3. In Colorado Revised Statutes, 37-99-103, amend (1),
(3), (4)(a), (4)(b), (4)(d), and (4)(e); and add (4)(f) and (5) as follows:
37-99-103. Prohibition of nonfunctional turf, nonfunctional
artificial turf, and invasive plant species - local entities - construction
or renovation of state facilities. (1) On and after January 1, 2026, a local
entity shall not install, plant, or place, or allow any person to install, plant,
or place, any nonfunctional turf,
NONFUNCTIONAL artificial turf, or invasive
plant species, as part of a new development project or redevelopment
project, on any portion of applicable property within the local entity's
jurisdiction.
(3) The department shall not install, plant, or place, or allow any
person to install, plant, or place, any nonfunctional turf,
NONFUNCTIONAL
artificial turf, or invasive plant species as part of a project for the
PAGE 4-HOUSE BILL 25-1113 construction or renovation of a state facility, which project design
commences on or after January 1, 2025.
(4) Nothing in this section prohibits:
(a) A local entity from maintaining, or allowing any person to
maintain, any nonfunctional turf,
NONFUNCTIONAL ARTIFICIAL TURF ,
artificial turf, or invasive plant species installed, planted, or placed before
January 1, 2026;
(b) The department from maintaining, or allowing any person to
maintain, any nonfunctional turf,
NONFUNCTIONAL ARTIFICIAL TURF ,
artificial turf, or invasive plant species installed, planted, or placed at a state
facility before January 1, 2025;
(d) A local entity or the department from establishing prohibitions
on, or requirements for, nonfunctional turf, artificial turf, or invasive plant
species that are more stringent than the requirements of this section; or
(e) A local entity or the department from installing, or allowing any
A person to install, artificial turf on athletic fields of play; OR
(f) A LOCAL ENTITY OR THE DEPARTMENT FROM INSTALLING OR
PRESERVING URBAN TREES
.
(5) (a) O
N AND AFTER JANUARY 1, 2028, A LOCAL ENTITY SHALL NOT
INSTALL
, PLANT, OR PLACE, OR ALLOW A PERSON TO INSTALL , PLANT, OR
PLACE
, ANY NONFUNCTIONAL TURF, NONFUNCTIONAL ARTIFICIAL TURF, OR
INVASIVE PLANT SPECIES
, AS PART OF A NEW DEVELOPMENT PROJECT OR
REDEVELOPMENT PROJECT
, ON ANY PORTION OF APPLICABLE PROPERTIES
THAT INCLUDE MULTIFAMILY RESIDENTIAL HOUSING PREMISES PROPERTY
.
(b) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
CONTRARY
, A LOCAL ENTITY OR THE DEPARTMENT SHALL NOT RESTRICT A
PERSON FROM INSTALLING OR ALLOWING ANOTHER PERSON TO INSTALL
GRASS SEED OR SOD THAT
:
(I) I
S A NATIVE PLANT;
(II) H
AS BEEN HYBRIDIZED FOR ARID CONDITIONS ; OR
PAGE 5-HOUSE BILL 25-1113 (III) IS A LOW-WATER GRASS.
(c) O
N OR BEFORE JANUARY 1, 2028, EACH LOCAL ENTITY WITH LAND
USE PLANNING AND ZONING AUTHORITY SHALL ENACT OR AMEND
ORDINANCES
, RESOLUTIONS, REGULATIONS, OR OTHER LAWS REGULATING
NEW DEVELOPMENT PROJECTS AND REDEVELOPMENT PROJECTS TO
:
(I) R
EGULATE THE INSTALLATION OF NONFUNCTIONAL TURF IN
ORDER TO REDUCE IRRIGATION WATER DEMAND ON APPLICABLE PROPERTY
IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION
; AND
(II) INCLUDE CONSIDERATION OF APPLICABLE RESIDENTIAL REAL
PROPERTY
.
SECTION 4. In Colorado Revised Statutes, add 37-99-104 as
follows:
37-99-104. Regulation of turf in new residential property - local
entities - exemptions. (1) O
N OR BEFORE JANUARY 1, 2028, EACH LOCAL
ENTITY WITH LAND USE PLANNING AND ZONING AUTHORITY SHALL ENACT OR
AMEND ORDINANCES
, RESOLUTIONS, REGULATIONS, OR OTHER LAWS
REGULATING NEW DEVELOPMENT PROJECTS AND REDEVELOPMENT PROJECTS
WITHIN THE LOCAL ENTITY
'S JURISDICTION TO REGULATE THE INSTALLATION
OF TURF TO REDUCE IRRIGATION WATER DEMAND FOR ALL RESIDENTIAL REAL
PROPERTY THAT IS NOT APPLICABLE RESIDENTIAL REAL PROPERTY
.
(2) O
N AND AFTER JANUARY 1, 2028, WHEN ENACTING OR AMENDING
ORDINANCES
, RESOLUTIONS, REGULATIONS, OR OTHER LAWS REGULATING
NEW DEVELOPMENT PROJECTS AND REDEVELOPMENT PROJECTS
, EACH LOCAL
ENTITY WITH LAND USE PLANNING AND ZONING AUTHORITY SHALL
REGULATE THE INSTALLATION OF TURF TO REDUCE IRRIGATION WATER
DEMAND FOR ALL RESIDENTIAL REAL PROPERTY THAT IS NOT APPLICABLE
RESIDENTIAL REAL PROPERTY
.
(3) E
ACH LOCAL ENTITY WITH LAND USE PL ANNING AND ZONING
AUTHORITY MAY CHOOSE THE STANDARD OR MECHANISM BY WHICH IT
REGULATES TURF IN NEW DEVELOPMENT PROJECTS AND REDEVELOPMENT
PROJECTS OF RESIDENTIAL REAL PROPERTY PURSUANT TO THIS SECTION
.
(4) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
PAGE 6-HOUSE BILL 25-1113 CONTRARY, NEITHER A LOCAL ENTITY NOR THE DEPARTMENT SHALL
RESTRICT A PERSON FROM INSTALLING OR ALLOWING ANOTHER PERSON TO
INSTALL GRASS SEED OR SOD THAT
:
(a) I
S A NATIVE PLANT;
(b) H
AS BEEN HYBRIDIZED FOR ARID CONDITIONS ; OR
(c) IS A LOW-WATER GRASS.
SECTION 5. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 7-HOUSE BILL 25-1113 November 2026 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Vanessa Reilly Esther van Mourik
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 8-HOUSE BILL 25-1113