Utah 2023 Regular Session

Utah House Bill HB0450 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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:
2	8		1 LANDSCAPING REQUIREMENTS
3	9		2 2023 GENERAL SESSION
4	10		3 STATE OF UTAH
5	11		4 Chief Sponsor: Ryan D. Wilcox
6	12		5 Senate Sponsor: Michael K. McKell
7	13		6
8	14		7LONG TITLE
9	15		8General Description:
10	16		9 This bill modifies provisions regarding water wise landscaping.
11	17		10Highlighted Provisions:
12	18		11 This bill:
13	19		12 <defines terms; and
14	20		13 <authorizes certain landscaping requirements.
15	21		14Money Appropriated in this Bill:
16	22		15 None
17	23		16Other Special Clauses:
18	24		17 None
19	25		18Utah Code Sections Affected:
20	26		19AMENDS:
21	27		20 57-8a-231, as enacted by Laws of Utah 2022, Chapter 230
22	28		21
23	29		22Be it enacted by the Legislature of the state of Utah:
24	30		23 Section 1. Section 57-8a-231 is amended to read:
25	31		24 57-8a-231. Water wise landscaping.
26	32		25 (1) As used in this section:
	33	+	HB0450S01 1st Sub. (Buff) H.B. 450 02-21-23 2:22 PM
	34	+	- 2 -
27	35		26 (a) "Lawn or turf" means nonagricultural land planted in closely mowed, managed
28	36		27grasses.
29	37		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.
32	39		30 (c) "Overhead spray irrigation" means above ground irrigation heads that spray water
33	40		31through a nozzle.
34	41		32 (d) (i) "Vegetative coverage" means the ground level surface area covered by the
35	42		33exposed leaf area of a plant or group of plants at full maturity.
36	43		34 (ii) "Vegetative coverage" does not mean the ground level surface area covered by the
37	44		35exposed leaf area of a tree or trees.
38	45		36 (e) "Water wise landscaping" means any or all of the following:
39	46		37 (i) installation of plant materials suited to the microclimate and soil conditions that
40	47		38can:
41	48		39 (A) remain healthy with minimal irrigation once established; or
42	49		40 (B) be maintained without the use of overhead spray irrigation;
43	50		41 (ii) use of water for outdoor irrigation through proper and efficient irrigation design
44	51		42and water application; or
45	52		43 (iii) the use of other landscape design features that:
46	53		44 (A) minimize the need of the landscape for supplemental water from irrigation; [or]
47	54		45 (B) reduce the landscape area dedicated to lawn or turf[.]; or
48	55		46 (C) encourage vegetative coverage.
49	56		47 (f) "Water wise plant material" means a plant material suited to water wise landscaping
50	57		48as defined in this section.
51	58		49 (2) An association may not enact or enforce a governing document that prohibits, or
52	59		50has the effect of prohibiting, a lot owner of a detached dwelling from incorporating water wise
53	60		51landscaping on the property owner's property.
54	61		52 (3) (a) Subject to Subsection (3)(b), Subsection (2) does not prohibit an association
55	62		53from requiring a property owner to:
56	63		54 (i) comply with a site plan review or other review process before installing water wise
57	64		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
61	68		58association including a requirement that:
62	69		59 (A) restricts or clarifies the use of mulches considered detrimental to the association's
63	70		60operations; and
64	71		61 [(B) imposes minimum or maximum vegetative coverage; or]
65	72		62 [(C)] (B) restricts or prohibits the use of specific plant materials other than water wise
66	73		63plant materials.
67	74		64 (b) An association may not require a property owner to:
68	75		65 (i) [require a property owner to] install or keep in place lawn or turf in an area with a
69	76		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.