Landscaping Restrictions Amendments

6
10-20-619
17-79-615
57-8a-218
10-20-619
17-79-615
57-8a-218
0
Landscaping Restrictions Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Thomas W. Peterson
Senate Sponsor: Evan J. Vickers
LONG TITLE
General Description:
This bill restricts a county, municipality, or homeowner association from prohibiting
removal of vegetation on property located in a wildland-urban interface area.
Highlighted Provisions:
This bill:
defines terms; and
restricts a county, municipality, or homeowner association from prohibiting a property
owner from removing vegetation on property located in a wildland-urban interface area.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-20-619
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 15
17-79-615
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
57-8a-218
, as last amended by Laws of Utah 2025, First Special Session, Chapter 15
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
10-20-619
is amended to read:
10-20-619
. Water wise landscaping -- Municipal landscaping regulations.
(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)
"Private landscaping plan" means the same as that term is defined in Section
10-20-807
.
(e)
(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.
(f)
"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.
(g)
"Wildland-urban interface" means the same as that term is defined in the edition of
the International Wildland Urban Interface Code adopted under Section
15A-2-103
.
(2)
A municipality may not enact or enforce
an ordinance, resolution
a land use regulation
,
or
adopt or enforce a
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, private landscaping 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 may require a seller of a newly constructed residence to inform the first
buyer of the newly constructed residence of a municipal ordinance requiring water wise
landscaping.
(5)
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
.
(6)
A municipality may not enact or enforce a land use regulation, or adopt or enforce a
policy, that prohibits, or has the effect of prohibiting, a property owner from removing
vegetation from a portion of the property owner's property:
(a)
that is within a designated wildland-urban interface area; and
(b)
where removal is required to comply with the defensible space requirements of the
edition of the International Wildland Urban Interface Code adopted under Section
15A-2-103
.
(6)
(7)
A municipality may enforce a municipal landscaping ordinance in compliance with
this section.
Section 2. Section
17-79-615
is amended to read:
17-79-615
. Water wise landscaping -- County landscaping regulations.
(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)
"Private landscaping plan" means the same as that term is defined in Section
17-79-707
.
(e)
(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.
(f)
"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.
(g)
"Wildland-urban interface" means the same as that term is defined in the edition of
the International Wildland Urban Interface Code adopted under Section
15A-2-103
.
(2)
A county may not enact or enforce
an ordinance, resolution
a land use regulation
, or
adopt or enforce a
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, private landscaping 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.
(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.
(4)
A county may require a seller of a newly constructed residence within the
unincorporated area of the county to inform the first buyer of the newly constructed
residence of a county ordinance requiring water wise landscaping.
(5)
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
.
(6)
A county may not enact or enforce a land use regulation, or adopt or enforce a policy,
that prohibits, or has the effect of prohibiting, a property owner from removing
vegetation from a portion of the property owner's property:
(a)
that is within a designated wildland-urban interface area; and
(b)
where removal is required to comply with the defensible space requirements of the
edition of the International Wildland Urban Interface Code adopted under Section
15A-2-103
.
(6)
(7)
A county may enforce a county landscaping ordinance in compliance with this
section.
Section 3. Section
57-8a-218
is amended to read:
57-8a-218
. Equal treatment by rules required -- Limits on association rules and
design criteria.
(1)
(a)
Except as provided in Subsection
(1)(b)
, a rule shall treat similarly situated lot
owners similarly.
(b)
A rule may:
(i)
vary according to the level and type of service that the association provides to lot
owners;
(ii)
differ between residential and nonresidential uses; and
(iii)
for a lot that an owner leases for a term of less than 30 days, impose a reasonable
limit on the number of individuals who may use the common areas and facilities
as guests of the lot tenant or lot owner.
(2)
(a)
Except as provided in Subsection
(2)(b)
, if a lot owner owns a rental lot and is in
compliance with the association's governing documents and any rule that the
association adopts under Subsection
(4)
, a rule may not treat the lot owner differently
because the lot owner owns a rental lot.
(b)
A rule may:
(i)
limit or prohibit a rental lot owner from using the common areas for purposes
other than attending an association meeting or managing the rental lot;
(ii)
if the rental lot owner retains the right to use the association's common areas,
even occasionally:
(A)
charge a rental lot owner a fee to use the common areas; or
(B)
for a lot that an owner leases for a term of less than 30 days, impose a
reasonable limit on the number of individuals who may use the common areas
and facilities as guests of the lot tenant or lot owner; or
(iii)
include a provision in the association's governing documents that:
(A)
requires each tenant of a rental lot to abide by the terms of the governing
documents; and
(B)
holds the tenant and the rental lot owner jointly and severally liable for a
violation of a provision of the governing documents.
(3)
(a)
Except as provided in Subsection
(3)(b)
, a rule may not abridge the rights of a lot
owner to display a religious or holiday sign, symbol, or decoration on:
(i)
a lot;
(ii)
the exterior of the dwelling, unless the association has an ownership interest in, or
a maintenance, repair, or replacement obligation for, the exterior; or
(iii)
the front yard of the dwelling, unless the association has an ownership interest in,
or a maintenance, repair, or replacement obligation for, the yard.
(b)
The association may adopt a reasonable time, place, and manner restriction with
respect to a display that is:
(i)
outside a dwelling on:
(A)
a lot;
(B)
the exterior of the dwelling; or
(C)
the front yard of the dwelling; and
(ii)
visible from outside the lot.
(4)
(a)
A rule may not prohibit a lot owner from displaying a political sign or flag on:
(i)
a lot;
(ii)
the exterior of the dwelling, regardless of whether the association has an
ownership interest in the exterior; or
(iii)
the front yard of the dwelling, regardless of whether the association has an
ownership interest in the yard.
(b)
Except as provided in Subsection
(4)(c)
, a rule may not regulate the content of a
political sign or flag.
(c)
A rule may restrict a political sign or flag that contains obscene, profane, or
commercial content.
(d)
A rule may reasonably regulate the time, place, and manner of posting a political
sign or flag.
(e)
An association design provision may not establish design criteria for a political sign
or flag.
(5)
(a)
A rule may not prohibit a lot owner from displaying a for-sale sign on:
(i)
a lot;
(ii)
the exterior of the dwelling, regardless of whether the association has an
ownership interest in the exterior; or
(iii)
the front yard of the dwelling, regardless of whether the association has an
ownership interest in the yard.
(b)
A rule may reasonably regulate the time, place, and manner of posting a for-sale sign.
(6)
(a)
Except as provided in Subsection
(6)(b)
, a rule may not interfere with the freedom
of a lot owner to determine the composition of the lot owner's household.
(b)
An association may:
(i)
require that all occupants of a dwelling be members of a single housekeeping unit;
or
(ii)
limit the total number of occupants permitted in each residential dwelling on the
basis of the residential dwelling's:
(A)
size and facilities; and
(B)
fair use of the common areas.
(7)
(a)
Except as provided in Subsection
(7)(b)
, a rule may not interfere with a reasonable
activity of a lot owner within the confines of a dwelling or lot, including backyard
landscaping or amenities, to the extent that the activity is in compliance with local
laws and ordinances, including nuisance laws and ordinances.
(b)
A rule may prohibit an activity within the confines of a dwelling or lot, including
backyard landscaping or amenities, if the activity:
(i)
is not normally associated with a project restricted to residential use; or
(ii)
(A)
creates monetary costs for the association or other lot owners;
(B)
creates a danger to the health or safety of occupants of other lots;
(C)
generates excessive noise or traffic;
(D)
creates unsightly conditions visible to an individual standing outside the
dwelling;
(E)
creates an unreasonable source of annoyance to persons outside the lot; or
(F)
if there are attached dwellings, creates the potential for smoke to enter another
lot owner's dwelling, the common areas, or limited common areas.
(c)
If permitted by law, an association may adopt rules described in Subsection
(7)(b)

that affect the use of or behavior inside the dwelling.
(8)
(a)
A rule may not, to the detriment of a lot owner and over the lot owner's written
objection to the board, alter the allocation of financial burdens among the various lots.
(b)
An association may:
(i)
change the common areas available to a lot owner;
(ii)
adopt generally applicable rules for the use of common areas; or
(iii)
deny use privileges to a lot owner who:
(A)
is delinquent in paying assessments;
(B)
abuses the common areas; or
(C)
violates the governing documents.
(c)
This Subsection
(8)
does not permit a rule that:
(i)
alters the method of levying assessments; or
(ii)
increases the amount of assessments as provided in the declaration.
(9)
A rule may not:
(a)
prohibit the transfer of a lot; or
(b)
require the consent of the association or board to transfer a lot.
(10)
(a)
A rule may not require a lot owner to dispose of personal property that was in or
on a lot before the adoption of the rule or design criteria if the personal property was
in compliance with all rules and other governing documents previously in force.
(b)
The exemption in Subsection
(10)(a)
:
(i)
applies during the period of the lot owner's ownership of the lot; and
(ii)
does not apply to a subsequent lot owner who takes title to the lot after adoption
of the rule described in Subsection
(10)(a)
.
(11)
A rule or action by the association or action by the board may not unreasonably
impede a declarant's ability to satisfy existing development financing for community
improvements and right to develop:
(a)
the project; or
(b)
other properties in the vicinity of the project.
(12)
A rule or association or board action may not interfere with:
(a)
the use or operation of an amenity that the association does not own or control; or
(b)
the exercise of a right associated with an easement.
(13)
A rule may not divest a lot owner of the right to proceed in accordance with a
completed application for design review, or to proceed in accordance with another
approval process, under the terms of the governing documents in existence at the time
the completed application was submitted by the owner for review.
(14)
Unless otherwise provided in the declaration, an association may by rule:
(a)
regulate the use, maintenance, repair, replacement, and modification of common
areas;
(b)
impose and receive any payment, fee, or charge for:
(i)
the use, rental, or operation of the common areas, except limited common areas;
and
(ii)
a service provided to a lot owner;
(c)
impose a charge for a late payment of an assessment; or
(d)
provide for the indemnification of the association's officers and board consistent with
Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act
.
(15)
(a)
For any area for which one or more lot owners, but not the association, are
responsible for landscape maintenance of any landscaping within the lot owner's lot
or the common areas, the association shall adopt rules supporting water wise
landscaping as defined in Section
57-8a-231
including:
(i)
low water use requirements on lawns during drought conditions;
(ii)
design criterion for water wise landscaping; and
(iii)
limiting permissible plant material to specific water wise plant material.
(b)
A rule may not:
(i)
prohibit or restrict the conversion of a grass park strip to water wise landscaping
as defined in Section
57-8a-231
;
or
(ii)
prohibit low water use on lawns during drought conditions
.
; or
(iii)
prohibit, or have the effect of prohibiting, a lot owner from removing vegetation
from the lot owner's lot that is within a designated wildland-urban interface area,
as defined in Section
65A-1-1
.
(16)
(a)
Except as provided in Subsection
(16)(b)
, a rule may not prohibit the owner of a
residential lot from constructing an internal accessory dwelling unit, as defined in
Section
10-21-101
or
17-80-101
, within the owner's residential lot.
(b)
Subsection
(16)(a)
does not apply if the construction would violate:
(i)
a local land use ordinance;
(ii)
a building code;
(iii)
a health code; or
(iv)
a fire code.
(17)
(a)
Except as provided in Subsection
(17)(b)
, a rule may not prohibit the owner of a
residential lot from making modifications, consistent with industry standards, for
radon mitigation.
(b)
Subsection
(17)(a)
does not apply if the modifications would violate:
(i)
a local land use ordinance;
(ii)
a building code;
(iii)
a health code; or
(iv)
a fire code.
(c)
A rule governing the placement or external appearance of modifications for radon
mitigation does not apply to a lot owner's modifications if the rule would:
(i)
unreasonably interfere with the modifications' functionality; or
(ii)
add more than 40% of the modifications' original cost to the cost of installing the
modifications.
(d)
A rule may require that a lot owner making modifications related to radon mitigation:
(i)
demonstrate or provide proof of radon contamination; and
(ii)
provide proof that the modifications and any related construction will be
performed by a licensed person.
(18)
A rule may restrict a sex offender from accessing a protected area that is maintained,
operated, or owned by the association, subject to the exceptions described in Subsection
53-29-306(3)
.
(19)
(a)
As used in this Subsection
(19)
, "vegetable garden" means a plot of ground or
elevated soil bed where vegetables, herbs, fruits, flowers, pollinator plants, leafy
greens, or other edible plants are cultivated.
(b)
A rule may not prohibit a vegetable garden on the rear yard of a lot on which the
association does not have an ownership interest or a maintenance responsibility.
(c)
A rule may:
(i)
impose reasonable regulations that do not significantly increase the cost of
cultivating a vegetable garden or significantly decrease the efficiency of
cultivating a vegetable garden, including reasonable regulations on plant height,
water use, fertilizer use, and weed maintenance; and
(ii)
prohibit the cultivation of invasive or unlawful species.
(20)
(a)
Except as provided in Subsection
(20)(b)
, a rule may not restrict an individual
from parking an operable vehicle in a driveway where the vehicle has a legal right to
park, unless the vehicle is:
(i)
a commercial vehicle, as defined in Section
72-9-102
;
(ii)
a motor home, as defined in Section
13-20-2
; or
(iii)
a recreational vehicle trailer, as defined in Section
13-20-2
.
(b)
A rule may require that an individual park in a garage appurtenant to a dwelling
before parking elsewhere.
(21)
(a)
Except as provided in Subsection
(21)(b)
, a rule may not restrict an individual
from operating a vehicle that is not a commercial vehicle, as defined in Section
72-9-102
, in conformance with state traffic laws.
(b)
A rule may enforce a reduced speed limit on a private roadway.
(22)
A rule may not:
(a)
prohibit a lot owner from installing a personal security camera immediately adjacent
to the entryway, window, or other outside entry point of the owner's dwelling unit;
(b)
impose a requirement or restriction on:
(i)
a dwelling's interior, except as reasonably necessary for the safety of adjacent lots
and the occupants of those lots; or
(ii)
the use of a public street, as defined in Section
10-20-102
;
(c)
restrict an individual from:
(i)
installing, displaying, or storing an item that the individual has a legal right to
store if the item is not visible to an individual standing outside the lot;
(ii)
installing or keeping a properly maintained basketball standard on the individual's
driveway or property if the driveway or property where the basketball standard is
located is:
(A)
privately owned and maintained; and
(B)
abutting a public street; or
(iii)
hiring a contractor or worker solely because the contractor or worker:
(A)
is not on the association's preferred vendor list; or
(B)
does not have a professional or occupational license, unless the license is
required by law; or
(d)
be inconsistent with a provision of the association's declaration, bylaws, or articles of
incorporation.
(23)
A rule shall be reasonable.
(24)
A declaration, or an amendment to a declaration, may vary any of the requirements of
Subsections
(1)
,
(2)
,
(6)
, and
(8)
through (14), except Subsection
(1)(b)(ii)
.
(25)
This section applies to an association regardless of when the association is created.
Section 4.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-24-26 7:37 PM