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Colorado House Bill HB1113

Colorado 2025 Regular Session

Colorado House Bill HB1113 Compare Versions

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11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
4-REREVISED
5-This Version Includes All Amendments
6-Adopted in the Second House
4+REVISED
5+This Version Includes All Amendments Adopted
6+on Second Reading in the Second House
77 LLS NO. 25-0513.01 Richard Sweetman x4333
88 HOUSE BILL 25-1113
99 House Committees Senate Committees
1010 Agriculture, Water & Natural Resources Agriculture & Natural Resources
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING LIMITING THE USE OF CERTAIN LANDSCAPING PRACTICES101
1414 IN NEW RESIDENTIAL DEVELOPMENT .102
1515 Bill Summary
1616 (Note: This summary applies to this bill as introduced and does
1717 not reflect any amendments that may be subsequently adopted. If this bill
1818 passes third reading in the house of introduction, a bill summary that
1919 applies to the reengrossed version of this bill will be available at
2020 http://leg.colorado.gov
2121 .)
2222 In the 2024 regular legislative session, the general assembly
2323 enacted Senate Bill 24-005, which:
2424 ! Prohibits a local entity, on and after January 1, 2026, from
2525 installing, planting, or placing, or allowing any person to
2626 install, plant, or place, any nonfunctional turf, artificial turf,
2727 or invasive plant species, as part of a new development
2828 SENATE
29-3rd Reading Unamended
30-April 4, 2025
31-SENATE
3229 Amended 2nd Reading
3330 April 3, 2025
3431 HOUSE
3532 3rd Reading Unamended
3633 March 4, 2025
3734 HOUSE
3835 Amended 2nd Reading
3936 February 28, 2025
4037 HOUSE SPONSORSHIP
4138 Smith and McCormick, Bacon, Boesenecker, Brown, Camacho, Duran, Froelich, Joseph,
4239 Lindsay, Martinez, McCluskie, Sirota, Stewart R., Titone
4340 SENATE SPONSORSHIP
44-Roberts, Bridges, Cutter, Danielson, Daugherty, Hinrichsen, Jodeh, Kipp, Kolker,
45-Marchman, Michaelson Jenet, Snyder, Wallace, Weissman, Winter F.
41+Roberts,
4642 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
4743 Capital letters or bold & italic numbers indicate new material to be added to existing law.
4844 Dashes through the words or numbers indicate deletions from existing law. project or redevelopment project, on any portion of
4945 applicable property within the local entity's jurisdiction;
5046 and
5147 ! Requires a local entity, on or before January 1, 2026, to
5248 enact or amend ordinances, resolutions, regulations, or
5349 other laws regulating new development projects and
5450 redevelopment projects on applicable property in
5551 accordance with the new requirements.
5652 For the purposes of Senate Bill 24-005, the bill expands the
5753 definition of "applicable property" to include residential real property that
5854 is used for apartment or condominium housing (applicable residential real
5955 property).
6056 The bill also requires each local entity to enact or amend, on or
6157 before January 1, 2028, ordinances, resolutions, regulations, or other laws
6258 regulating new development projects and redevelopment projects within
6359 the local entity's jurisdiction to limit the installation of turf for all
6460 residential real property that is not applicable residential real property.
6561 Local entities must also impose limits on the installation of turf when
6662 enacting or amending ordinances, resolutions, regulations, or other laws
6763 on and after January 1, 2028.
6864 Be it enacted by the General Assembly of the State of Colorado:1
6965 SECTION 1. Legislative declaration. (1) The general assembly2
7066 finds that:3
7167 (a) As Colorado continues to grapple with the impacts of climate4
7268 change, green urban spaces, such as urban tree canopies, are a vital5
7369 adaptation tool for mitigating the impacts of climate change, especially6
7470 for mitigating the urban heat island effect, which can increase energy7
7571 costs, air pollution, and heat-related illnesses and deaths;8
7672 (b) However, water supply in the western United States is9
7773 increasingly scarce due to climate change and increasing demand;10
7874 (c) Many communities in the state overuse nonnative grass for11
7975 landscaping purposes, which requires large amounts of water to maintain;12
8076 (d) While there are appropriate and important uses for turf,13
8177 including for civic, community, or recreational purposes such as use in14
8278 1113-2- parks, sports fields, and playgrounds, much of the turf in the state is1
8379 nonfunctional, located in areas that receive little, if any, use, and could be2
8480 replaced with landscaping that adheres to water-wise landscaping3
8581 principles without adversely impacting quality of life or landscape4
8682 functionality;5
8783 (e) Prohibiting the installation, planting, or placement of6
8884 nonfunctional turf in multifamily property in the state can help conserve7
8985 the state's water resources;8
9086 (f) Requiring local governments to regulate turf in new residential9
9187 properties can help preserve the limited water in our state;10
9288 (g) Many communities and developments develop in a water-wise11
9389 manner already and are appreciated; and12
9490 (h) Installed vegetation that adheres to water-wise landscaping13
9591 principles can help reduce outdoor demand for water while avoiding heat14
9692 islands.15
9793 (2) The general assembly therefore declares that preventing the16
9894 installation, planting, or placement of nonfunctional turf, artificial turf,17
9995 and invasive plant species in applicable property in the state is:18
10096 (a) A matter of statewide concern; and19
10197 (b) In the public interest.20
10298 SECTION 2. In Colorado Revised Statutes, 37-99-102, amend21
10399 (1)(a)(II), (1)(a)(III), (7), and (17); repeal (1)(b); and add (1)(a)(IV),22
104100 (1.5), (6.5), (10.5), (12.5), (14.5), and (18.5) as follows:23
105101 37-99-102. Definitions. As used in this article 99, unless the24
106102 context otherwise requires:25
107103 (1) (a) "Applicable property" means:26
108104 (II) Common interest community property; or27
109105 1113
110106 -3- (III) A street right-of-way, parking lot, median, or transportation1
111107 corridor;
112108 OR2
113109 (IV) A
114110 PPLICABLE RESIDENTIAL REAL PROPERTY .3
115111 (b) "Applicable property" does not include residential property.
116112 4
117113 (1.5) "A
118114 PPLICABLE RESIDENTIAL REAL PROPERTY " MEANS
119115 A5
120116 MULTIFAMILY RESIDENTIAL HOUSING PREMISES PROPERTY THAT INCLUDES6
121117 MORE THAN TWELVE DWELLING UNITS .7
122118 (6.5) "F
123119 UNCTIONAL ARTIFICIAL TURF" MEANS ARTIFICIAL TURF
124120 8
125121 THAT IS:9
126122 (a) L
127123 OCATED IN A RECREATIONAL USE AREA OR OTHER SPACE THAT
128124 10
129125 IS REGULARLY USED FOR CIVIC , COMMUNITY, OR RECREATIONAL11
130126 PURPOSES, WHICH MAY INCLUDE A PLAYGROUND , A SPORTS FIELD, A PICNIC12
131127 GROUND, AN AMPHITHEATER, A PORTION OF A PARK, AND THE PLAYING13
132128 AREA OF A GOLF COURSE , SUCH AS A DRIVING RANGE , CHIPPING AND14
133129 PUTTING GREEN, TEE BOX, GREEN, FAIRWAY, AND ROUGH; OR15
134130 (b) A
135131 COMPONENT OF A PRODUCT DESIGNED AND APPROVED BY A
136132 16
137133 PROFESSIONAL ENGINEER FOR CIVIL INFRASTRUCTURE PROJECTS ,17
138134 INCLUDING BUT NOT LIMITED TO:18
139135 (I) C
140136 OVERS FOR SOLID WASTE FACILITIES AND BROWNFIELD SITES ;
141137 19
142138 AND20
143139 (II) R
144140 EVETMENTS FOR SLOPES, CHANNELS, LEVEES, AND DAMS.
145141 21
146142 (7) "Functional turf" means turf that is located in a recreational22
147143 use area or other space that is regularly used for civic, community, or23
148144 recreational purposes, which may include playgrounds, sports fields,24
149145 picnic grounds, amphitheaters, portions of parks, and the playing areas of25
150146 golf courses, such as driving ranges, chipping and putting greens, tee26
151147 boxes, greens, fairways, and roughs A PLAYGROUND, A SPORTS FIELD, A27
152148 1113
153149 -4- PICNIC GROUND, AN AMPHITHEATER, A PORTION OF A PARK, AND THE1
154150 PLAYING AREA OF A GOLF COURSE, SUCH AS A DRIVING RANGE, CHIPPING2
155151 AND PUTTING GREEN, TEE BOX, GREEN, FAIRWAY, AND ROUGH.3
156152 (10.5) "MULTIFAMILY RESIDENTIAL HOUSING PREMISES PROPERTY "4
157153 MEANS COMMON INTEREST PROPERTY SUCH AS ENTRYWAYS, PARKS, AND5
158154 OTHER COMMON ELEMENTS AS DEFINED IN SECTION 38-33.3-103 (5).6
159155 (12.5) "N
160156 ONFUNCTIONAL ARTIFICIAL TURF " MEANS ARTIFICIAL
161157 7
162158 TURF THAT IS NOT FUNCTIONAL ARTIFICIAL TURF .8
163159 (14.5) "R
164160 ESIDENTIAL REAL PROPERTY" HAS THE MEANING SET9
165161 FORTH IN SECTION 39-1-102 (14.5).10(17) "Turf" has the meaning set forth in section 37-60-135 (2)(i)11
166162 MEANS CONTINUOUS PLANT COVERAGE CONSISTING OF NONNATIVE12
167163 GRASSES OR GRASSES THAT HAVE NOT BEEN HYBRIDIZED FOR ARID13
168164 CONDITIONS AND WHICH, WHEN REGULARLY MOWED, FORM A DENSE14
169165 GROWTH OF LEAF BLADES AND ROOTS .15
170166 (18.5) "URBAN TREE" MEANS A PERENNIAL WOODY PLANT WITH A16
171167 SINGLE OR MULTIPLE TRUNKS THAT SUPPORT A CANOPY OF BRANCHES AND17
172168 LEAVES AND THAT PROVIDES ECOLOGICAL, SOCIAL, AND ECONOMIC18
173169 BENEFITS WITHIN A BUILT ENVIRONMENT .19
174170 SECTION 3. In Colorado Revised Statutes, 37-99-103, amend20
175171 (1), (3), (4)(a), (4)(b), (4)(d), and (4)(e); and add (4)(f) and (5) as21
176172 follows:22
177173 37-99-103. Prohibition of nonfunctional turf, nonfunctional23
178174 artificial turf, and invasive plant species - local entities - construction24
179175 or renovation of state facilities. (1) On and after January 1, 2026, a25
180176 local entity shall not install, plant, or place, or allow any person to install,26
181177 plant, or place, any nonfunctional turf,
182178 NONFUNCTIONAL artificial turf, or
183179 27
184180 1113
185181 -5- invasive plant species, as part of a new development project or1
186182 redevelopment project, on any portion of applicable property within the2
187183 local entity's jurisdiction.3
188184 (3) The department shall not install, plant, or place, or allow any4
189185 person to install, plant, or place, any nonfunctional turf,
190186 NONFUNCTIONAL
191187 5
192188 artificial turf, or invasive plant species as part of a project for the6
193189 construction or renovation of a state facility, which project design7
194190 commences on or after January 1, 2025.8
195191 (4) Nothing in this section prohibits:9
196192 (a) A local entity from maintaining, or allowing any person to10
197193 maintain, any nonfunctional turf,
198194 NONFUNCTIONAL ARTIFICIAL TURF ,
199195 11
200196 artificial turf, or invasive plant species installed, planted, or placed before12
201197 January 1, 2026;13
202198 (b) The department from maintaining, or allowing any person to14
203199 maintain, any nonfunctional turf,
204200 NONFUNCTIONAL ARTIFICIAL TURF ,
205201 15
206202 artificial turf, or invasive plant species installed, planted, or placed at a16
207203 state facility before January 1, 2025;17
208204 (d) A local entity or the department from establishing prohibitions18
209205 on, or requirements for, nonfunctional turf, artificial turf, or invasive19
210206 plant species that are more stringent than the requirements of this section;20
211207 or21
212208 (e) A local entity or the department from installing, or allowing22
213209 any A person to install, artificial turf on athletic fields of play; OR23
214210 (f) A LOCAL ENTITY OR THE DEPARTMENT FROM INSTALLING OR24
215211 PRESERVING URBAN TREES.25
216212 (5) (a) ON AND AFTER JANUARY 1, 2028, A LOCAL ENTITY SHALL26
217213 NOT INSTALL, PLANT, OR PLACE, OR ALLOW A PERSON TO INSTALL, PLANT,27
218214 1113
219215 -6- OR PLACE, ANY NONFUNCTIONAL TURF, NONFUNCTIONAL ARTIFICIAL TURF,1
220216 OR INVASIVE PLANT SPECIES, AS PART OF A NEW DEVELOPMENT PROJECT2
221217 OR REDEVELOPMENT PROJECT, ON ANY PORTION OF APPLICABLE3
222218 PROPERTIES THAT INCLUDE MULTIFAMILY RESIDENTIAL HOUSING PREMISES4
223219 PROPERTY.5
224220 (b) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE6
225221 CONTRARY, A LOCAL ENTITY OR THE DEPARTMENT SHALL NOT RESTRICT7
226222 A PERSON FROM INSTALLING OR ALLOWING ANOTHER PERSON TO INSTALL8
227223 GRASS SEED OR SOD THAT:9
228224 (I) IS A NATIVE PLANT;10
229225 (II) HAS BEEN HYBRIDIZED FOR ARID CONDITIONS ; OR11
230226 (III) IS A LOW-WATER GRASS.12
231227 (c) ON OR BEFORE JANUARY 1, 2028, EACH LOCAL ENTITY WITH13
232228 LAND USE PLANNING AND ZONING AUTHORITY SHALL ENACT OR AMEND14
233229 ORDINANCES, RESOLUTIONS, REGULATIONS, OR OTHER LAWS REGULATING15
234230 NEW DEVELOPMENT PROJECTS AND REDEVELOPMENT PROJECTS TO :16
235231 (I) REGULATE THE INSTALLATION OF NONFUNCTIONAL TURF IN17
236232 ORDER TO REDUCE IRRIGATION WATER DEMAND ON APPLICABLE PROPERTY18
237233 IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION ; AND19
238234 (II) INCLUDE CONSIDERATION OF APPLICABLE RESIDENTIAL REAL20
239235 PROPERTY.21
240236 SECTION 4. In Colorado Revised Statutes, add 37-99-104 as22
241237 follows:23
242238 37-99-104. Regulation of turf in new residential property -24
243239 local entities - exemptions. (1) ON OR BEFORE JANUARY 1, 2028, EACH25
244240 LOCAL ENTITY WITH LAND USE PLANNING AND ZONING AUTHORITY SHALL26
245241 ENACT OR AMEND ORDINANCES , RESOLUTIONS, REGULATIONS, OR OTHER27
246242 1113
247243 -7- LAWS REGULATING NEW DEVELOPMENT PROJECTS AND REDEVELOPMENT1
248244 PROJECTS WITHIN THE LOCAL ENTITY 'S JURISDICTION TO REGULATE THE2
249245 INSTALLATION OF TURF TO REDUCE IRRIGATION WATER DEMAND FOR ALL3
250246 RESIDENTIAL REAL PROPERTY THAT IS NOT APPLICABLE RESIDENTIAL REAL4
251247 PROPERTY.5
252248 (2) O
253249 N AND AFTER JANUARY 1, 2028, WHEN ENACTING OR6
254250 AMENDING ORDINANCES , RESOLUTIONS, REGULATIONS, OR OTHER LAWS7
255251 REGULATING NEW DEVELOPMENT PROJECTS AND REDEVELOPMENT8 PROJECTS, EACH LOCAL ENTITY WITH LAND USE PLANNING AND ZONING9
256252 AUTHORITY SHALL REGULATE THE INSTALLATION OF TURF TO REDUCE10
257253 IRRIGATION WATER DEMAND FOR ALL RESIDENTIAL REAL PROPERTY THAT11
258254 IS NOT APPLICABLE RESIDENTIAL REAL PROPERTY .12
259255 (3) EACH LOCAL ENTITY WITH LAND USE PLANNING AND ZONING13
260256 AUTHORITY MAY CHOOSE THE STANDARD OR MECHANISM BY WHICH IT14
261257 REGULATES TURF IN NEW DEVELOPMENT PROJECTS AND REDEVELOPMENT15
262258 PROJECTS OF RESIDENTIAL REAL PROPERTY PURSUANT TO THIS SECTION .16
263259 (4) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE17
264260 CONTRARY, NEITHER A LOCAL ENTITY NOR THE DEPARTMENT SHALL18
265261 RESTRICT A PERSON FROM INSTALLING OR ALLOWING ANOTHER PERSON TO19
266262 INSTALL GRASS SEED OR SOD THAT:20
267263 (a) IS A NATIVE PLANT;21
268264 (b) HAS BEEN HYBRIDIZED FOR ARID CONDITIONS ; OR22
269265 (c) IS A LOW-WATER GRASS.23
270266 SECTION 5. Act subject to petition - effective date. This act24
271267 takes effect at 12:01 a.m. on the day following the expiration of the25
272268 ninety-day period after final adjournment of the general assembly; except26
273269 that, if a referendum petition is filed pursuant to section 1 (3) of article V27
274270 1113
275271 -8- of the state constitution against this act or an item, section, or part of this1
276272 act within such period, then the act, item, section, or part will not take2
277273 effect unless approved by the people at the general election to be held in3
278274 November 2026 and, in such case, will take effect on the date of the4
279275 official declaration of the vote thereon by the governor.5
280276 1113
281277 -9-