Utah Code 10-9a-536. Water wise landscaping
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(1) As used in this section:
Terms Used In Utah Code 10-9a-536
- Land: includes :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5
- Municipal: means of or relating to a municipality. See Utah Code 10-1-104
- Municipality: means :
(5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;(5)(b) a town, as classified in Section10-2-301 ; or(5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
(1)(a) “Lawn or turf” means nonagricultural land planted in closely mowed, managed grasses.(1)(b) “Mulch” means material such as rock, bark, wood chips, or other materials left loose and applied to the soil.(1)(c) “Overhead spray irrigation” means above ground irrigation heads that spray water through a nozzle.(1)(d)(1)(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.(1)(d)(ii) “Vegetative coverage” does not mean the ground level surface area covered by the exposed leaf area of a tree or trees.(1)(e) “Water wise landscaping” means any or all of the following:(1)(e)(i) installation of plant materials suited to the microclimate and soil conditions that can:(1)(e)(i)(A) remain healthy with minimal irrigation once established; or(1)(e)(i)(B) be maintained without the use of overhead spray irrigation;(1)(e)(ii) use of water for outdoor irrigation through proper and efficient irrigation design and water application; or(1)(e)(iii) use of other landscape design features that:(1)(e)(iii)(A) minimize the need of the landscape for supplemental water from irrigation; or(1)(e)(iii)(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 landscaping on the property owner’s property.(3)(3)(a) Subject to Subsection (3)(b), Subsection (2) does not prohibit a municipality from requiring a property owner to:(3)(a)(i) comply with a site plan review or other review process before installing water wise landscaping;(3)(a)(ii) maintain plant material in a healthy condition; and(3)(a)(iii) follow specific water wise landscaping design requirements adopted by the municipality, including a requirement that:(3)(a)(iii)(A) restricts or clarifies the use of mulches considered detrimental to municipal operations;(3)(a)(iii)(B) imposes minimum or maximum vegetative coverage standards; or(3)(a)(iii)(C) restricts or prohibits the use of specific plant materials.(3)(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 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.