a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
“Lawn or turf” means nonagricultural land planted in closely mowed, managed grasses.
(b)
“Mulch” means material such as rock, bark, wood chips, or other materials left loose and applied to the soil.
(c)
“Overhead spray irrigation” means above ground irrigation heads that spray water through a nozzle.
(d)
(i)
“Vegetative coverage” means the ground level surface area covered by the exposed leaf area of a plant or group of plants at full maturity.
(ii)
“Vegetative coverage” does not mean the ground level surface area covered by the exposed leaf area of a tree or trees.
(e)
“Water wise landscaping” means any or all of the following:
(i)
installation of plant materials suited to the microclimate and soil conditions that can:
(A)
remain healthy with minimal irrigation once established; or
(B)
be maintained without the use of overhead spray irrigation;
(ii)
use of water for outdoor irrigation through proper and efficient irrigation design and water application; or
(iii)
use of other landscape design features that:
(A)
minimize the need of the landscape for supplemental water from irrigation; or
(B)
reduce the landscape area dedicated to lawn or turf.
(2)
A municipality may not enact or enforce an ordinance, resolution, or policy that prohibits, or has the effect of prohibiting, a property owner from incorporating water wise landscaping on the property owner’s property.
(3)
(a)
Subject to Subsection (3)(b), Subsection (2) does not prohibit a municipality from requiring a property owner to:
(i)
comply with a site plan review or other review process before installing water wise landscaping;
(ii)
maintain plant material in a healthy condition; and
(iii)
follow specific water wise landscaping design requirements adopted by the municipality, including a requirement that:
(A)
restricts or clarifies the use of mulches considered detrimental to municipal operations;
(B)
imposes minimum or maximum vegetative coverage standards; or
(C)
restricts or prohibits the use of specific plant materials.
(b)
A municipality may not require a property owner to install or keep in place lawn or turf in an area with a width less than eight feet.
(4)
A municipality shall report to the Division of Water Resources the existence, enactment, or modification of an ordinance, resolution, or policy that implements regional-based water use efficiency standards established by the Division of Water Resources by rule under Section 73-10-37.
Amended by Chapter 139, 2023 General Session Amended by Chapter 247, 2023 General Session
