JurisdictionUtahTitle 10Utah Municipal Code
Ch. 10-20Municipal Land Use, Development, and Management Act
Part 10-20-6Land Use Regulations - Particular Situations
This text of Utah § 10-20-619 (Water wise landscaping -- Municipal landscaping regulations.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)As used in this section:
(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) "Private landscaping plan" means the same as that term is defined in Section 10-20-807.
(1)(e) (1)(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.
(1)(e)(ii) "Vegetative coverage" does not mean the ground level surface area covered by the exposed leaf area of a tree or trees.
(1)(f) "Water wise landscaping" means any or all of the following:
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(1) As used in this section:
(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) "Private landscaping plan" means the same as that term is defined in Section 10-20-807.
(1)(e) (1)(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.
(1)(e)(ii) "Vegetative coverage" does not mean the ground level surface area covered by the exposed leaf area of a tree or trees.
(1)(f) "Water wise landscaping" means any or all of the following:
(1)(f)(i) installation of plant materials suited to the microclimate and soil conditions that can:
(1)(f)(i)(A) remain healthy with minimal irrigation once established; or
(1)(f)(i)(B) be maintained without the use of overhead spray irrigation;
(1)(f)(ii) use of water for outdoor irrigation through proper and efficient irrigation design and water application; or
(1)(f)(iii) use of other landscape design features that:
(1)(f)(iii)(A) minimize the need of the landscape for supplemental water from irrigation; or
(1)(f)(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, private landscaping 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 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 enforce a municipal landscaping ordinance in compliance with this section.