Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 328 (2025GS)

Sponsor

Rep. Owens, Doug

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• directs a municipality or county to require compliance with a prohibition on use of overhead spray irrigation as part of land use approvals;
• requires a municipality or county to give notice of the prohibition on use of overhead spray irrigation;
• encourages a municipality or county to review certain plans, act on the plans, inspect for compliance, and address noncompliance; and
• prohibits for new development and redevelopment the use of overhead spray irrigation except under certain circumstances.

Every vote on this bill

Bill text

4
10-8-85.11
17-50-342
Water Usage Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Doug Owens
Senate Sponsor: 
LONG TITLE
General Description:
This bill addresses the use of overhead spray irrigation under specified circumstances.
Highlighted Provisions:
This bill:
defines terms;
directs a municipality or county to require compliance with a prohibition on use of 
overhead spray irrigation as part of land use approvals;
requires a municipality or county to give notice of the prohibition on use of overhead 
spray irrigation;
encourages a municipality or county to review certain plans, act on the plans, inspect for 
compliance, and address noncompliance; and
prohibits for new development and redevelopment the use of overhead spray irrigation 
except under certain circumstances.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
10-8-85.11
, Utah Code Annotated 1953
17-50-342
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
10-8-85.11
 is enacted to read:
10-8-85.11. Regulation of use of overhead spray irrigation.
(1)
As used in this section:
(a)
"Active use" means regular use for playing, exercise, recreation, or regular outdoor 
activities, such as:
(i)
a sports field;
(ii)
a social gathering area;
(iii)
an amphitheater;
(iv)
a park;
(v)
the playing area, including roughs, driving ranges, and chipping and putting 
greens of a golf course; or
(vi)
a cemetery.
(b)
"Agricultural land" means "land in agricultural use" as defined in Section 
59-2-502
.
(c)
"Common interest community" means the same as that term is defined in Section 
57-25-102
.
(d)
"Great Salt Lake drainage" means the area within:
(i)
the surveyed meander line of the Great Salt Lake;
(ii)
the drainage areas of the Bear River or the Bear River's tributaries;
(iii)
the drainage areas of Bear Lake or Bear Lake's tributaries;
(iv)
the drainage areas of the Weber River or the Weber River's tributaries;
(v)
the drainage areas of the Jordan River or the Jordan River's tributaries;
(vi)
the drainage areas of Utah Lake or Utah Lake's tributaries;
(vii)
other water drainages lying between the Bear River and the Jordan River that are 
tributary to the Great Salt Lake and not included in the drainage areas described in 
Subsections (1)(d)(ii) through (vi); and
(viii)
the drainage area of Tooele Valley.
(e)
"Landscaped area" means those portions of specified land that are not, or will not be, 
occupied by:
(i)
a permanent structure; or
(ii)
an impervious surface associated with vehicular or pedestrian access or use, such 
as a driveway, sidewalk, or parking lot.
(f)
"Land use application" means the same as that term is defined in Section 
10-9a-103
.
(g)
"Land use permit" means the same as that term is defined in Section 
10-9a-103
.
(h)
"New development" means a project for the conversion in use of previously 
undeveloped land into a developed state.
(i)
"Outdoor activity area" means a landscape area that is:
(i)
dedicated to active use; and
(ii)
installed or maintained on an area with a slope of not more than 25%.
(j)
"Overhead spray irrigation" means above ground irrigation heads that spray water 
through a nozzle.
(k)
"Park strip" means the area between the back of a curb, or if there is no curb, the 
edge of pavement and the sidewalk.
(l)
"Redevelopment" means a project for renovation, alteration, improvement, or repair 
of developed land that affects more than 25% of the landscaped area existing before 
the redevelopment.
(m)
(i)
"Specified land" means real property within the Great Salt Lake drainage on 
which the owner proposes new development or redevelopment, including real 
property:
(A)
in a common interest community; or
(B)
in a commercial, industrial, institutional, mixed use, or multifamily project.
(ii)
"Specified land" does not mean:
(A)
agricultural land;
(B)
a landscaped area within a common interest community that is not a common 
area;
(C)
new development or redevelopment of a single-family detached residential 
dwelling;
(D)
local entity property as defined in Section 
11-39-108
;
(E)
school property as defined in Section 
53G-7-225
;
(F)
state government grounds as defined in Section 
63A-5b-1108
; or
(G)
landscaping in a highway construction project governed by Section 
72-7-112
.
(n)
"Undisturbed area" means that portion of the landscaped area:
(i)
with existing overhead spray irrigation installed at least two years before the new 
development or redevelopment of the specified land; and
(ii)
that is undisturbed by the new development or redevelopment.
(2)
(a)
A municipality shall:
(i)
require an owner of specified land to comply with Subsection (3) as a condition of:
(A)
approval of a land use application; or
(B)
issuance of a land use permit; and
(ii)
include a notice on or with a land use approval or land use permit for specified 
land stating, "Section 
10-8-85.11
 of the Utah Code prohibits the use of overhead 
spray irrigation for your project except in outdoor activity areas or undisturbed 
areas."
(b)
A municipality is encouraged to:
(i)
review and either approve or disapprove plans for outdoor activity areas proposed 
for specified land for which the municipality approves a land use application or 
issues a land use permit;
(ii)
inspect specified land for compliance with this section upon completion of new 
development or redevelopment; and
(iii)
address noncompliance with this section.
(3)
(a)
An owner of specified land who undertakes new development or redevelopment 
of specified land on or after January 1, 2026, may not:
(i)
install, maintain, or use overhead spray irrigation in a landscaped area of the 
specified land unless the landscaped area is an outdoor activity area or an 
undisturbed area;
(ii)
install, maintain, or use overhead spray irrigation to irrigate the following within 
an outdoor activity area or undisturbed area described in Subsection 
(3)(a)
(i):
(A)
a park strip;
(B)
an area with a width of less than eight feet; or
(C)
an area that is a planting bed; or
(iii)
include within an outdoor activity area under Subsection 
(3)(a)
(i) an area that is 
sized larger than reasonably required for the anticipated use the outdoor activity 
area is intended to accommodate.
(b)
This Subsection (3) does not prohibit an owner from using a reasonable amount of 
water to spray a landscaped area for a non-irrigation purpose, such as dust control for 
a specific event in the landscaped area.
Section 2, Section 
17-50-342
 is enacted to read:
17-50-342. Regulation of use of overhead spray irrigation.
(1)
As used in this section:
(a)
"Active use" means regular use for playing, exercise, recreation, or regular outdoor 
activities, such as:
(i)
a sports field;
(ii)
a social gathering area;
(iii)
an amphitheater;
(iv)
a park;
(v)
the playing area, including roughs, driving ranges, and chipping and putting 
greens of a golf course; or
(vi)
a cemetery.
(b)
"Agricultural land" means "land in agricultural use" as defined in Section 
59-2-502
.
(c)
"Common interest community" means the same as that term is defined in Section 
57-25-102
.
(d)
"Great Salt Lake drainage" means the area within:
(i)
the surveyed meander line of the Great Salt Lake;
(ii)
the drainage areas of the Bear River or the Bear River's tributaries;
(iii)
the drainage areas of Bear Lake or Bear Lake's tributaries;
(iv)
the drainage areas of the Weber River or the Weber River's tributaries;
(v)
the drainage areas of the Jordan River or the Jordan River's tributaries;
(vi)
the drainage areas of Utah Lake or Utah Lake's tributaries;
(vii)
other water drainages lying between the Bear River and the Jordan River that are 
tributary to the Great Salt Lake and not included in the drainage areas described in 
Subsections (1)(d)(ii) through (vi); and
(viii)
the drainage area of Tooele Valley.
(e)
"Landscaped area" means those portions of specified land that are not, or will not be, 
occupied by:
(i)
a permanent structure; or
(ii)
an impervious surface associated with vehicular or pedestrian access or use, such 
as a driveway, sidewalk, or parking lot.
(f)
"Land use application" means the same as that term is defined in Section 
17-27a-103
.
(g)
"Land use permit" means the same as that term is defined in Section 
17-27a-103
.
(h)
"New development" means a project for the conversion in use of previously 
undeveloped land into a developed state.
(i)
"Outdoor activity area" means a landscape area that is:
(i)
dedicated to active use; and
(ii)
installed or maintained on an area with a slope of not more than 25%.
(j)
"Overhead spray irrigation" means above ground irrigation heads that spray water 
through a nozzle.
(k)
"Park strip" means the area between the back of a curb, or if there is no curb, the 
edge of pavement and the sidewalk.
(l)
"Redevelopment" means a project for renovation, alteration, improvement, or repair 
of developed land that affects more than 25% of the landscaped area existing before 
the redevelopment.
(m)
(i)
"Specified land" means real property within the Great Salt Lake drainage on 
which the owner proposes new development or redevelopment, including real 
property:
(A)
in a common interest community; or
(B)
in a commercial, industrial, institutional, mixed use, or multifamily project.
(ii)
"Specified land" does not mean:
(A)
agricultural land;
(B)
a landscaped area within a common interest community that is not a common 
area;
(C)
new development or redevelopment of a single-family detached residential 
dwelling;
(D)
local entity property as defined in Section 
11-39-108
;
(E)
school property as defined in Section 
53G-7-225
;
(F)
state government grounds as defined in Section 
63A-5b-1108
; or
(G)
landscaping in a highway construction project governed by Section 
72-7-112
.
(n)
"Undisturbed area" means that portion of the landscaped area:
(i)
with existing overhead spray irrigation installed at least two years before the new 
development or redevelopment of the specified land; and
(ii)
that is undisturbed by the new development or redevelopment.
(2)
(a)
A county shall:
(i)
require an owner of specified land to comply with Subsection (3) as a condition of:
(A)
approval of a land use application; or
(B)
issuance of a land use permit; and
(ii)
include a notice on or with a land use approval or land use permit for specified 
land stating, "Section 
17-50-342
 of the Utah Code prohibits the use of overhead 
spray irrigation for your project except in outdoor activity areas or undisturbed 
areas."
(b)
A county is encouraged to:
(i)
review and either approve or disapprove plans for outdoor activity areas proposed 
for specified land for which the county approves a land use application or issues a 
land use permit;
(ii)
inspect specified land for compliance with this section upon completion of new 
development or redevelopment; and
(iii)
address noncompliance with this section.
(3)
(a)
An owner of specified land who undertakes new development or redevelopment 
of specified land on or after January 1, 2026, may not:
(i)
install, maintain, or use overhead spray irrigation in a landscaped area of the 
specified land unless the landscaped area is an outdoor activity area or undisturbed 
area;
(ii)
install, maintain, or use overhead spray irrigation to irrigate the following within 
an outdoor activity area or undisturbed area described in Subsection 
(3)(a)(i)
:
(A)
a park strip;
(B)
an area with a width of less than eight feet; or
(C)
an area that is a planting bed; or
(iii)
include within an outdoor activity area under Subsection 
(3)(a)(i)
 an area that is 
sized larger than reasonably required for the anticipated use the outdoor activity 
area is intended to accommodate.
(b)
This Subsection (3) does not prohibit an owner from using a reasonable amount of 
water to spray a landscaped area for a non-irrigation purpose, such as dust control for 
a specific event in the landscaped area.
Section 3. 
Effective date.
This bill takes effect on 
May 7, 2025
.
1-24-25 3:08 PM