17-27a-532. Water wise landscaping.
| (1) |
As used in this section:
Terms Used In Utah Code 17-27a-532- Land: includes :Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Site plan: means a document or map that may be required by a county during a preliminary review preceding the issuance of a building permit to demonstrate that an owner's or developer's proposed development activity meets a land use requirement. See Utah Code 17-27a-103
| (a) |
“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. |
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| (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; |
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| (ii) |
use of water for outdoor irrigation through proper and efficient irrigation design and water application; or |
| (iii) |
the 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. |
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| (2) |
A county 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 county 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 county, including a requirement that:
| (A) |
restricts or clarifies the use of mulches considered detrimental to county operations; |
| (B) |
imposes minimum or maximum vegetative coverage standards; or |
| (C) |
restricts or prohibits the use of specific plant materials. |
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| (b) |
A county 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. |
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| (4) |
A county 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
