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