United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-20-619

Municipalities may not block property owners from using water wise landscaping, and they may not require lawn or turf in areas under eight feet wide.

Source excerpt

defensible spacedefinitionsirrigationland uselandscape designlandscapinglandscaping compliancelandscaping materialslandscaping ordinancelandscaping requirementslawn or turfmulchesmunicipal operationsmunicipal ordinancesmunicipal regulationordinance reportingplant materialssite plan reviewvegetation removalvegetative coveragewater conservationwater usewater use efficiency standardswater-wise landscapingwildland-urban interface

Jurisdiction: United States — Utah
Status: In force
Dates: Legal dates not recorded

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“Municipalities may not block property owners from using water wise landscaping, and they may not require lawn or turf in areas under eight feet wide.”

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Water wise landscaping -- Municipal landscaping regulations.

Municipalities may not block property owners from using water wise landscaping, and they may not require lawn or turf in areas under eight feet wide.

Section 10-20-619

Subsection 10-20-619(1)(e)(ii)

“Vegetative coverage” excludes the ground-level surface area covered by the exposed leaf area of a tree or trees.

Section 10-20-619(1)(e)(ii)

Subsection 10-20-619(1)(g)

“Wildland-urban interface” is defined by reference to the edition of the International Wildland Urban Interface Code adopted under Section 15A-2-103.

Section 10-20-619(1)(g)

Subsection 10-20-619(3)(a)(iii)(B)

imposes minimum or maximum vegetative coverage standards; or

Section 10-20-619(3)(a)(iii)(B)

Subsection 10-20-619(7)

A municipality may enforce a municipal landscaping ordinance if it complies with this section.

Section 10-20-619(7)

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Showing 34 of 34 provisions

Provision 34

Part 10-20-6

part 10-20-6 Land Use Regulations - Particular Situations

§ 10-20-619Water wise landscaping -- Municipal landscaping regulations.Provision

Source excerpt

Municipalities may not block property owners from using water wise landscaping, and they may not require lawn or turf in areas under eight feet wide.

Water wise landscaping -- Municipal landscaping regulations. As used in this section: "Lawn or turf" means nonagricultural land planted in closely mowed, managed grasses. "Mulch" means material such as rock, bark, wood chips, or other materials left loose and applied to the soil. "Overhead spray irrigation" means above ground irrigation heads that spray water through a nozzle. "Private landscaping plan" means the same as that term is defined in Section 10-20-807 . "Vegetative coverage" means the ground level surface area covered by the exposed leaf area of a plant or group of plants at full maturity. "Vegetative coverage" does not mean the ground level surface area covered by the exposed leaf area of a tree or trees. "Water wise landscaping" means any or all of the following: installation of plant materials suited to the microclimate and soil conditions that can: remain healthy with minimal irrigation once established; or be maintained without the use of overhead spray irrigation; use of water for outdoor irrigation through proper and efficient irrigation design and water application; or use of other landscape design features that: minimize the need of the landscape for supplemental water from irrigation; or reduce the landscape area dedicated to lawn or turf. "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 . 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 incorporating water wise landscaping on the property owner's property. Subject to Subsection (3)(b) , Subsection (2) does not prohibit a municipality from requiring a property owner to: comply with a site plan review, private landscaping plan review, or other review process before installing water wise landscaping; maintain plant material in a healthy condition; and follow specific water wise landscaping design requirements adopted by the municipality, including a requirement that: restricts or clarifies the use of mulches considered detrimental to municipal operations; imposes minimum or maximum vegetative coverage standards; or restricts or prohibits the use of specific plant materials. 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. 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. 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 . 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: that is within a designated wildland-urban interface area; and 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 . A municipality may enforce a municipal landscaping ordinance in compliance with this section.

Section 10-20-619Verify source

§ 10-20-619(1)Subsection 10-20-619(1)Provision

Source excerpt

This section defines several landscaping and irrigation terms, including lawn or turf, mulch, overhead spray irrigation, private landscaping plan, vegetative coverage, water wise landscaping, and wildland-urban interface.

As used in this section: "Lawn or turf" means nonagricultural land planted in closely mowed, managed grasses. "Mulch" means material such as rock, bark, wood chips, or other materials left loose and applied to the soil. "Overhead spray irrigation" means above ground irrigation heads that spray water through a nozzle. "Private landscaping plan" means the same as that term is defined in Section 10-20-807 . "Vegetative coverage" means the ground level surface area covered by the exposed leaf area of a plant or group of plants at full maturity. "Vegetative coverage" does not mean the ground level surface area covered by the exposed leaf area of a tree or trees. "Water wise landscaping" means any or all of the following: installation of plant materials suited to the microclimate and soil conditions that can: remain healthy with minimal irrigation once established; or be maintained without the use of overhead spray irrigation; use of water for outdoor irrigation through proper and efficient irrigation design and water application; or use of other landscape design features that: minimize the need of the landscape for supplemental water from irrigation; or reduce the landscape area dedicated to lawn or turf. "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 .

Section 10-20-619(1)Verify source

§ 10-20-619(1)(a)Subsection 10-20-619(1)(a)Provision

Source excerpt

“Lawn or turf” means nonagricultural land planted in closely mowed, managed grasses.

"Lawn or turf" means nonagricultural land planted in closely mowed, managed grasses.

Section 10-20-619(1)(a)Verify source

§ 10-20-619(1)(b)Subsection 10-20-619(1)(b)Provision

Source excerpt

"Mulch" means material such as rock, bark, wood chips, or other materials left loose and applied to the soil.

Section 10-20-619(1)(b)Verify source

§ 10-20-619(1)(c)Subsection 10-20-619(1)(c)Provision

Source excerpt

"Overhead spray irrigation" means above ground irrigation heads that spray water through a nozzle.

Section 10-20-619(1)(c)Verify source

§ 10-20-619(1)(d)Subsection 10-20-619(1)(d)Provision

Source excerpt

This subsection defines “private landscaping plan” by reference to Section 10-20-807.

"Private landscaping plan" means the same as that term is defined in Section 10-20-807 .

Section 10-20-619(1)(d)Verify source

§ 10-20-619(1)(e)Subsection 10-20-619(1)(e)Provision

Source excerpt

“Vegetative coverage” means the ground-level surface area covered by exposed leaf area of plants at full maturity, but not trees.

"Vegetative coverage" means the ground level surface area covered by the exposed leaf area of a plant or group of plants at full maturity. "Vegetative coverage" does not mean the ground level surface area covered by the exposed leaf area of a tree or trees.

Section 10-20-619(1)(e)Verify source

§ 10-20-619(1)(e)(i)Subsection 10-20-619(1)(e)(i)Provision

Source excerpt

This provision defines “vegetative coverage” as the ground-level surface area covered by the exposed leaf area of a plant or group of plants at full maturity.

"Vegetative coverage" means the ground level surface area covered by the exposed leaf area of a plant or group of plants at full maturity.

Section 10-20-619(1)(e)(i)Verify source

§ 10-20-619(1)(e)(ii)Subsection 10-20-619(1)(e)(ii)Provision

Source excerpt

“Vegetative coverage” excludes the ground-level surface area covered by the exposed leaf area of a tree or trees.

"Vegetative coverage" does not mean the ground level surface area covered by the exposed leaf area of a tree or trees.

Section 10-20-619(1)(e)(ii)Verify source

§ 10-20-619(1)(f)Subsection 10-20-619(1)(f)Provision

Source excerpt

"Water wise landscaping" is defined as landscaping that uses drought-suited plants, efficient irrigation, or design features that reduce supplemental water needs or lawn/turf area.

"Water wise landscaping" means any or all of the following: installation of plant materials suited to the microclimate and soil conditions that can: remain healthy with minimal irrigation once established; or be maintained without the use of overhead spray irrigation; use of water for outdoor irrigation through proper and efficient irrigation design and water application; or use of other landscape design features that: minimize the need of the landscape for supplemental water from irrigation; or reduce the landscape area dedicated to lawn or turf.

Section 10-20-619(1)(f)Verify source

§ 10-20-619(1)(f)(i)Subsection 10-20-619(1)(f)(i)Provision

Source excerpt

Plant materials must be suited to the microclimate and soil conditions, and be able to stay healthy with minimal irrigation once established or be maintained without overhead spray irrigation.

installation of plant materials suited to the microclimate and soil conditions that can: remain healthy with minimal irrigation once established; or be maintained without the use of overhead spray irrigation;

Section 10-20-619(1)(f)(i)Verify source

§ 10-20-619(1)(f)(i)(A)Subsection 10-20-619(1)(f)(i)(A)Provision

Source excerpt

remain healthy with minimal irrigation once established; or

Section 10-20-619(1)(f)(i)(A)Verify source

§ 10-20-619(1)(f)(i)(B)Subsection 10-20-619(1)(f)(i)(B)Provision

Source excerpt

be maintained without the use of overhead spray irrigation;

Section 10-20-619(1)(f)(i)(B)Verify source

§ 10-20-619(1)(f)(ii)Subsection 10-20-619(1)(f)(ii)Provision

Source excerpt

use of water for outdoor irrigation through proper and efficient irrigation design and water application; or

Section 10-20-619(1)(f)(ii)Verify source

§ 10-20-619(1)(f)(iii)Subsection 10-20-619(1)(f)(iii)Provision

Source excerpt

use of other landscape design features that: minimize the need of the landscape for supplemental water from irrigation; or reduce the landscape area dedicated to lawn or turf.

Section 10-20-619(1)(f)(iii)Verify source

§ 10-20-619(1)(f)(iii)(A)Subsection 10-20-619(1)(f)(iii)(A)Provision

Source excerpt

minimize the need of the landscape for supplemental water from irrigation; or

Section 10-20-619(1)(f)(iii)(A)Verify source

§ 10-20-619(1)(f)(iii)(B)Subsection 10-20-619(1)(f)(iii)(B)Provision

Source excerpt

reduce the landscape area dedicated to lawn or turf.

Section 10-20-619(1)(f)(iii)(B)Verify source

§ 10-20-619(1)(g)Subsection 10-20-619(1)(g)Provision

Source excerpt

“Wildland-urban interface” is defined by reference to the edition of the International Wildland Urban Interface Code adopted under Section 15A-2-103.

"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 .

Section 10-20-619(1)(g)Verify source

§ 10-20-619(2)Subsection 10-20-619(2)Provision

Source excerpt

A municipality may not adopt or enforce rules or policies that block a property owner from adding water wise landscaping on the owner’s property.

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 incorporating water wise landscaping on the property owner's property.

Section 10-20-619(2)Verify source

§ 10-20-619(3)Subsection 10-20-619(3)Provision

Source excerpt

A municipality may require certain water-wise landscaping reviews and maintenance, but may not require lawn or turf in an area narrower than eight feet.

Subject to Subsection (3)(b) , Subsection (2) does not prohibit a municipality from requiring a property owner to: comply with a site plan review, private landscaping plan review, or other review process before installing water wise landscaping; maintain plant material in a healthy condition; and follow specific water wise landscaping design requirements adopted by the municipality, including a requirement that: restricts or clarifies the use of mulches considered detrimental to municipal operations; imposes minimum or maximum vegetative coverage standards; or restricts or prohibits the use of specific plant materials. 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 10-20-619(3)Verify source

§ 10-20-619(3)(a)Subsection 10-20-619(3)(a)Provision

Source excerpt

A municipality may require property owners to complete certain reviews, keep plant material healthy, and meet water-wise landscaping design requirements.

Section 10-20-619(3)(a)Verify source

§ 10-20-619(3)(a)(i)Subsection 10-20-619(3)(a)(i)Provision

Source excerpt

A person must comply with site plan review, private landscaping plan review, or another review process before installing water wise landscaping.

comply with a site plan review, private landscaping plan review, or other review process before installing water wise landscaping;

Section 10-20-619(3)(a)(i)Verify source

§ 10-20-619(3)(a)(ii)Subsection 10-20-619(3)(a)(ii)Provision

Source excerpt

maintain plant material in a healthy condition; and

Section 10-20-619(3)(a)(ii)Verify source

§ 10-20-619(3)(a)(iii)Subsection 10-20-619(3)(a)(iii)Provision

Source excerpt

follow specific water wise landscaping design requirements adopted by the municipality, including a requirement that: restricts or clarifies the use of mulches considered detrimental to municipal operations; imposes minimum or maximum

Section 10-20-619(3)(a)(iii)Verify source

§ 10-20-619(3)(a)(iii)(A)Subsection 10-20-619(3)(a)(iii)(A)Provision

Source excerpt

restricts or clarifies the use of mulches considered detrimental to municipal operations;

Section 10-20-619(3)(a)(iii)(A)Verify source

§ 10-20-619(3)(a)(iii)(B)Subsection 10-20-619(3)(a)(iii)(B)Provision

Source excerpt

imposes minimum or maximum vegetative coverage standards; or

Section 10-20-619(3)(a)(iii)(B)Verify source

§ 10-20-619(3)(a)(iii)(C)Subsection 10-20-619(3)(a)(iii)(C)Provision

Source excerpt

restricts or prohibits the use of specific plant materials.

Section 10-20-619(3)(a)(iii)(C)Verify source

§ 10-20-619(3)(b)Subsection 10-20-619(3)(b)Provision

Source excerpt

A municipality may not require a property owner to install or keep lawn or turf in an area narrower than eight feet.

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 10-20-619(3)(b)Verify source

§ 10-20-619(4)Subsection 10-20-619(4)Provision

Source excerpt

A municipality may require a seller of a newly constructed residence to tell the first buyer about a municipal ordinance requiring water wise landscaping.

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.

Section 10-20-619(4)Verify source

§ 10-20-619(5)Subsection 10-20-619(5)Provision

Source excerpt

A municipality must report certain ordinances, resolutions, or policies to the Division of Water Resources.

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 .

Section 10-20-619(5)Verify source

§ 10-20-619(6)Subsection 10-20-619(6)Provision

Source excerpt

A municipality may not stop a property owner from removing vegetation when the removal is needed to meet defensible space requirements in a designated wildland-urban interface area.

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: that is within a designated wildland-urban interface area; and 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 .

Section 10-20-619(6)Verify source

§ 10-20-619(6)(a)Subsection 10-20-619(6)(a)Provision

Source excerpt

that is within a designated wildland-urban interface area; and

Section 10-20-619(6)(a)Verify source

§ 10-20-619(6)(b)Subsection 10-20-619(6)(b)Provision

Source excerpt

Removal is required when needed to comply with defensible space requirements under the adopted International Wildland Urban Interface Code.

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 .

Section 10-20-619(6)(b)Verify source

§ 10-20-619(7)Subsection 10-20-619(7)Provision

Source excerpt

A municipality may enforce a municipal landscaping ordinance if it complies with this section.

A municipality may enforce a municipal landscaping ordinance in compliance with this section.

Section 10-20-619(7)Verify source

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International Wildland Urban Interface Code
Sections 10-20-619, 10-20-619(1), 10-20-619(1)(g), 10-20-619(6), 10-20-619(6)(b)

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Utah Code § 10-20-619

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