Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 282 First Substitute (2022GS)

Sponsor

Rep. Wilcox, R.

Final action

Governor Signed 3/23/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• prohibits certain public or private entities from prohibiting water wise landscaping; and
• authorizes certain landscaping requirements.

Every vote on this bill

Bill text

WATER WISE LANDSCAPING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor: 
Michael K. McKell
LONG TITLE
General Description:
This bill modifies provisions regarding water wise landscaping.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ prohibits certain public or private entities from prohibiting water wise landscaping;
and
▸ authorizes certain landscaping requirements.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
10-9a-535
, Utah Code Annotated 1953
17-27a-531
, Utah Code Annotated 1953
57-8a-231
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-9a-535
 is enacted to read:
 10-9a-535.
Water wise landscaping.
(1) As used in this section:
(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.
(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;
(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.
Section 2. Section 
17-27a-531
 is enacted to read:
 17-27a-531.
Water wise landscaping.
(1) As used in this section:
(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.
(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) 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.
(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;
(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.
(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.
Section 3. Section 
57-8a-231
 is enacted to read:
 57-8a-231.
Water wise landscaping.
(1) As used in this section:
(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.
(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) 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.
(2) An association may not enact or enforce a governing document that prohibits, or
has the effect of prohibiting, a lot owner of a detached dwelling from incorporating water wise
landscaping on the property owner's property.
(3) (a) Subject to Subsection (3)(b), Subsection (2) does not prohibit an association
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;
(iii) follow specific water wise landscaping design requirements adopted by the
association including a requirement that:
(A) restricts or clarifies the use of mulches considered detrimental to the association's
operations;
(B) imposes minimum or maximum vegetative coverage; or
(C) restricts or prohibits the use of specific plant materials.
(b) An association 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.