Section 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.

Enacted by Chapter 230, 2022 General Session