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9
10-20-619
17-79-615
0
Landscaping Water Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Doug Owens
Senate Sponsor: Lincoln Fillmore
LONG TITLE
General Description:
This bill addresses regulations regarding landscaping.
Highlighted Provisions:
This bill:
defines terms;
directs a municipality or county to adopt, maintain, and enforce certain water
efficient
landscaping requirements related to new development;
permits a municipality or county to consider regional-based water use efficiency
standards;
addresses the Division of Water Resources keeping records, reporting compliance, and
providing assistance related to the landscaping requirements; and
makes technical and conforming changes.
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
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 efficient landscaping -- Municipal landscaping regulations.
(1)
As used in this section:
(a)
"Division" means the Division of Water Resources.
(b)
"Great Salt Lake basin" 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)(b)(ii)
through
(vi)
; and
(viii)
the drainage area of Tooele Valley.
(c)
"Land use regulation" means the same as that term is defined in Section
10-20-102
.
(d)
"Lawn or turf" means nonagricultural land planted in closely mowed, managed
grasses.
(b)
(e)
"Mulch" means material such as rock, bark, wood chips, or other materials left
loose and applied to the soil.
(f)
"New development" means:
(i)
the construction or expansion of a building, structure, or use that creates additional
demand and need for public facilities;
(ii)
a change in use of a building or structure that creates additional demand and need
for public facilities; or
(iii)
a change in the use of land that creates additional demand and need for public
facilities.
(c)
(g)
"Overhead spray irrigation" means above ground irrigation heads that spray
water through a nozzle.
(d)
(h)
"Private landscaping plan" means the same as that term is defined in Section
10-20-807
.
(e)
(i)
(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)
(j)
"Water
wise
efficient
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
efficient
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
efficient
landscaping;
(ii)
maintain plant material in a healthy condition; and
(iii)
follow specific water
wise
efficient
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)
By no later than November 1, 2027, a municipality within the Great Salt Lake
basin shall adopt, maintain, and enforce a land use regulation that requires water
efficient landscaping for new development.
(b)
When adopting a land use regulation under this Subsection
(4)
, a municipality may
consider the regional-based water use efficiency standards established by the division
by rule under Section
73-10-37
so that an owner of land within the municipality
meets the requirement in Subsection
73-10-37(4)(c)(ii)
to be eligible for the incentive
under Subsection
73-10-37(4)
.
(4)
(5)
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
efficient
landscaping.
(5)
(6)
A municipality shall report to the
Division of Water Resources
division
the
existence, enactment, or modification of an ordinance, resolution, or policy that
:
(a)
implements regional-based water use efficiency standards established by the
Division of Water Resources
division
by rule under Section
73-10-37
.
; or
(b)
relates to a land use regulation described in Subsection
(4)
.
(6)
(7)
A municipality may enforce a municipal landscaping ordinance
or other land use
regulation
in compliance with this section.
(8)
(a)
The division shall:
(i)
keep a record of a municipality's report under Subsection
(6)(b)
relating to a land
use regulation under Subsection
(4)
; and
(ii)
annually publish on the division's public website a list of municipalities that fail
to comply with Subsection
(4)
.
(b)
The division may provide technical assistance to a municipality to support the
municipality's adoption of a land use regulation under Subsection
(4)
.
(c)
When consulted by a municipality for information and technical resources regarding
regional water conservation goals, the division may seek input from the appropriate
watershed council or councils.
Section 2. Section
17-79-615
is amended to read:
17-79-615
. Water efficient landscaping -- County landscaping regulations.
(1)
As used in this section:
(a)
"Division" means the Division of Water Resources.
(b)
"Great Salt Lake basin" 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)(b)(ii)
through
(vi)
; and
(viii)
the drainage area of Tooele Valley.
(c)
"Land use regulation" means the same as that term is defined in Section
17-79-102
.
(d)
"Lawn or turf" means nonagricultural land planted in closely mowed, managed
grasses.
(b)
(e)
"Mulch" means material such as rock, bark, wood chips, or other materials left
loose and applied to the soil.
(f)
"New development" means:
(i)
the construction or expansion of a building, structure, or use that creates additional
demand and need for public facilities;
(ii)
a change in use of a building or structure that creates additional demand and need
for public facilities; or
(iii)
a change in the use of land that creates additional demand and need for public
facilities.
(c)
(g)
"Overhead spray irrigation" means above ground irrigation heads that spray
water through a nozzle.
(d)
(h)
"Private landscaping plan" means the same as that term is defined in Section
17-79-707
.
(e)
(i)
(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)
(j)
"Water
wise
efficient
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
efficient
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
efficient
landscaping;
(ii)
maintain plant material in a healthy condition; and
(iii)
follow specific water
wise
efficient
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)
By no later than November 1, 2027, a county within the Great Salt Lake basin
shall adopt, maintain, and enforce a land use regulation that requires water efficient
landscaping for new development.
(b)
When adopting a land use regulation under this Subsection
(4)
, a county may
consider the regional-based water use efficiency standards established by the division
by rule under Section
73-10-37
so that an owner of land within the county meets the
requirement in Subsection
73-10-37(4)(c)(ii)
to be eligible for the incentive under
Subsection
73-10-37(4)
.
(4)
(5)
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
efficient
landscaping.
(5)
(6)
A county shall report to the
Division of Water Resources
division
the existence,
enactment, or modification of an ordinance, resolution, or policy that
:
(a)
implements regional-based water use efficiency standards established by the
Division of Water Resources
division
by rule under Section
73-10-37
.
; or
(b)
relates to a land use regulation described in Subsection
(4)
.
(6)
(7)
A county may enforce a county landscaping ordinance
or other land use regulation
in compliance with this section.
(8)
(a)
The division shall:
(i)
keep a record of a county's report under Subsection
(6)(b)
relating to a land use
regulation under Subsection
(4)
; and
(ii)
annually publish on the division's public website a list of counties that fail to
comply with Subsection
(4)
.
(b)
The division may provide technical assistance to a county to support the county's
adoption of a land use regulation under Subsection
(4)
.
(c)
When consulted by a county for information and technical resources regarding
regional water conservation goals, the division may seek input from the appropriate
watershed council or councils.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-27-26 2:07 PM