Utah 2023 Regular Session

Utah House Bill HB0450 Compare Versions

OldNewDifferences
1-Enrolled Copy H.B. 450
1+1st Sub. H.B. 450
2+LEGISLATIVE GENERAL COUNSEL
3+6 Approved for Filing: A. Hoidal 6
4+6 02-21-23 2:22 PM 6
5+H.B. 450
6+1st Sub. (Buff)
7+Representative Ryan D. Wilcox proposes the following substitute bill:
28 1 LANDSCAPING REQUIREMENTS
39 2 2023 GENERAL SESSION
410 3 STATE OF UTAH
511 4 Chief Sponsor: Ryan D. Wilcox
612 5 Senate Sponsor: Michael K. McKell
713 6
814 7LONG TITLE
915 8General Description:
1016 9 This bill modifies provisions regarding water wise landscaping.
1117 10Highlighted Provisions:
1218 11 This bill:
1319 12 <defines terms; and
1420 13 <authorizes certain landscaping requirements.
1521 14Money Appropriated in this Bill:
1622 15 None
1723 16Other Special Clauses:
1824 17 None
1925 18Utah Code Sections Affected:
2026 19AMENDS:
2127 20 57-8a-231, as enacted by Laws of Utah 2022, Chapter 230
2228 21
2329 22Be it enacted by the Legislature of the state of Utah:
2430 23 Section 1. Section 57-8a-231 is amended to read:
2531 24 57-8a-231. Water wise landscaping.
2632 25 (1) As used in this section:
33+*HB0450S01* 1st Sub. (Buff) H.B. 450 02-21-23 2:22 PM
34+- 2 -
2735 26 (a) "Lawn or turf" means nonagricultural land planted in closely mowed, managed
2836 27grasses.
2937 28 (b) "Mulch" means material such as rock, bark, wood chips, or other materials left
30-29loose and applied to the soil. H.B. 450 Enrolled Copy
31-- 2 -
38+29loose and applied to the soil.
3239 30 (c) "Overhead spray irrigation" means above ground irrigation heads that spray water
3340 31through a nozzle.
3441 32 (d) (i) "Vegetative coverage" means the ground level surface area covered by the
3542 33exposed leaf area of a plant or group of plants at full maturity.
3643 34 (ii) "Vegetative coverage" does not mean the ground level surface area covered by the
3744 35exposed leaf area of a tree or trees.
3845 36 (e) "Water wise landscaping" means any or all of the following:
3946 37 (i) installation of plant materials suited to the microclimate and soil conditions that
4047 38can:
4148 39 (A) remain healthy with minimal irrigation once established; or
4249 40 (B) be maintained without the use of overhead spray irrigation;
4350 41 (ii) use of water for outdoor irrigation through proper and efficient irrigation design
4451 42and water application; or
4552 43 (iii) the use of other landscape design features that:
4653 44 (A) minimize the need of the landscape for supplemental water from irrigation; [or]
4754 45 (B) reduce the landscape area dedicated to lawn or turf[.]; or
4855 46 (C) encourage vegetative coverage.
4956 47 (f) "Water wise plant material" means a plant material suited to water wise landscaping
5057 48as defined in this section.
5158 49 (2) An association may not enact or enforce a governing document that prohibits, or
5259 50has the effect of prohibiting, a lot owner of a detached dwelling from incorporating water wise
5360 51landscaping on the property owner's property.
5461 52 (3) (a) Subject to Subsection (3)(b), Subsection (2) does not prohibit an association
5562 53from requiring a property owner to:
5663 54 (i) comply with a site plan review or other review process before installing water wise
5764 55landscaping;
58-56 (ii) maintain plant material in a healthy condition;
59-57 (iii) follow specific water wise landscaping design requirements adopted by the Enrolled Copy H.B. 450
60-- 3 -
65+56 (ii) maintain plant material in a healthy condition; 02-21-23 2:16 PM 1st Sub. (Buff) H.B. 450
66+- 3 -Senate 3rd Reading Amendments 3-3-2023 lp/ah1
67+57 (iii) follow specific water wise landscaping design requirements adopted by the
6168 58association including a requirement that:
6269 59 (A) restricts or clarifies the use of mulches considered detrimental to the association's
6370 60operations; and
6471 61 [(B) imposes minimum or maximum vegetative coverage; or]
6572 62 [(C)] (B) restricts or prohibits the use of specific plant materials other than water wise
6673 63plant materials.
6774 64 (b) An association may not require a property owner to:
6875 65 (i) [require a property owner to] install or keep in place lawn or turf in an area with a
6976 66width less than eight feet[.]; or
70-67 (ii) have more than 50% vegetative coverage, that is not water wise landscaping, on the
71-68property owner's property.
77+67 (ii) have more than 50% vegetative coverage Öº , that is not water wise landscaping, »Ö
78+67aon the property owner's property.