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7 LONG TITLE
8 General Description:
9 This bill addresses use of lawn or turf.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ restricts the use of lawn or turf by certain governmental entities; and
14 ▸ makes technical changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 63A-5b-1108, as enacted by Laws of Utah 2022, Chapter 50
22 ENACTS:
23 11-39-108, Utah Code Annotated 1953
24 53G-7-224, Utah Code Annotated 1953
25 72-7-111, Utah Code Annotated 1953
26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 11-39-108 is enacted to read:
29 11-39-108. Use of lawn or turf.
30 (1) As used in this section:
31 (a) "Active recreation area" means an area of local entity property that is:
32 (i) comprised of lawn or turf dedicated to active use; and
33 (ii) installed or maintained on an area with a slope of not more than 25%.
34 (b) "Active use" means regular use for playing, exercise, recreation, or regular outdoor
35 activities that are ordinarily associated with lawn or turf, such as:
36 (i) a sports field;
37 (ii) a social gathering area;
38 (iii) an amphitheater;
39 (iv) a park; or
40 (v) the playing area, including roughs, driving ranges, and chipping and putting greens,
41 of a golf course.
42 (c) "Great Salt Lake basin" means the area within:
43 (i) the surveyed meander line of the Great Salt Lake;
44 (ii) the drainage areas of the Bear River or the Bear River's tributaries;
45 (iii) the drainage areas of Bear Lake or Bear Lake's tributaries;
46 (iv) the drainage areas of the Weber River or the Weber River's tributaries;
47 (v) the drainage areas of the Jordan River or the Jordan River's tributaries;
48 (vi) the drainage areas of Utah Lake or Utah Lake's tributaries;
49 (vii) other water drainages lying between the Bear River and the Jordan River that are
50 tributary to the Great Salt Lake and not included in the drainage areas described in Subsections
51 (1)(c)(ii) through (vi); and
52 (viii) the drainage area of Tooele Valley.
53 (d) "Landscaped area" means those portions of local entity property that are not, or will
54 not be, occupied by:
55 (i) a permanent structure; or
56 (ii) an impervious surface associated with vehicular or pedestrian access or use, such as
57 a driveway, sidewalk, or parking lot.
58 (e) "Land use regulation" means a land use regulation:
59 (i) as defined in Section 10-9a-103 for a municipality; or
60 (ii) as defined in Section 17-27a-103 for a county.
61 (f) "Lawn or turf" means nonagricultural land planted in closely mowed, managed
62 grasses.
63 (g) "Local entity property" means real property owned by a local entity.
64 (h) "New construction" means a project for the construction of a public facility on local
65 entity property that includes a new or modified landscaped area of more than 7,500 square feet.
66 (i) "Overhead spray irrigation" means above ground irrigation heads that spray water
67 through a nozzle.
68 (j) "Parkstrip" means the area between the back of a curb or, if there is no curb, the
69 edge of pavement and the sidewalk.
70 (k) "Public facility" means a building, structure, infrastructure, improvement, park,
71 playground, or other facility of a local entity.
72 (l) "Reconstruction" means a project for renovation, alteration, improvement, or repair
73 of a public facility on local entity property that affects more than 25% of the landscaped area
74 existing before the reconstruction.
75 (m) "Special use area" means an area of local entity property that requires the use of
76 lawn or turf due to unique circumstances associated with the land, including cemeteries or
77 detention or retention basins that serve a dual purpose of active recreation areas and storm
78 water management.
79 (2) Local entity property in the Great Salt Lake basin and on which a local entity
80 undertakes new construction or reconstruction on or after May 1, 2024:
81 (a) may not have lawn or turf installed or maintained:
82 (i) on more than the lesser of the following after deducting active recreation areas or
83 special use areas:
84 (A) 20% of the landscaped area; or
85 (B) the amount of the landscaped area permitted to have lawn or turf under an
86 applicable land use regulation if the land use regulation restricts the use of lawn or turf to less
87 than 20%;
88 (ii) in a parkstrip;
89 (iii) within the interior of a parking lot; or
90 (iv) in an area where the lawn or turf would have a width of less than eight feet;
91 (b) may not have a sprinkler zone that provides overhead spray irrigation for lawn or
92 turf shared with an area that does not have lawn or turf;
93 (c) shall have the use of overhead spray irrigation restricted to the portions of the
94 landscaped area that has lawn or turf; and
95 (d) may not have an active recreation area with a size that is larger than the reasonably
96 anticipated need for the type of use the area is intended to accommodate.
97 Section 2. Section 53G-7-224 is enacted to read:
98 53G-7-224. Use of lawn or turf.
99 (1) As used in this section:
100 (a) "Active recreation area" means an area of school property that is:
101 (i) comprised of lawn or turf dedicated to active use; and
102 (ii) installed or maintained on an area with a slope of not more than 25%.
103 (b) "Active use" means regular use for playing, exercise, recreation, or regular outdoor
104 activities that are ordinarily associated with lawn or turf, such as:
105 (i) a sports field;
106 (ii) a social gathering area; or
107 (iii) an amphitheater.
108 (c) "Great Salt Lake basin" means the area within:
109 (i) the surveyed meander line of the Great Salt Lake;
110 (ii) the drainage areas of the Bear River or the Bear River's tributaries;
111 (iii) the drainage areas of Bear Lake or Bear Lake's tributaries;
112 (iv) the drainage areas of the Weber River or the Weber River's tributaries;
113 (v) the drainage areas of the Jordan River or the Jordan River's tributaries;
114 (vi) the drainage areas of Utah Lake or Utah Lake's tributaries;
115 (vii) other water drainages lying between the Bear River and the Jordan River that are
116 tributary to the Great Salt Lake and not included in the drainage areas described in Subsections
117 (1)(c)(ii) through (vi); and
118 (viii) the drainage area of Tooele Valley.
119 (d) "Landscaped area" means those portions of school property that are not, or will not
120 be, occupied by:
121 (i) a permanent structure; or
122 (ii) an impervious surface associated with vehicular or pedestrian access or use, such as
123 a driveway, sidewalk, or parking lot.
124 (e) "Land use regulation" means a land use regulation:
125 (i) as defined in Section 10-9a-103 for a municipality; or
126 (ii) as defined in Section 17-27a-103 for a county.
127 (f) "Lawn or turf" means nonagricultural land planted in closely mowed, managed
128 grasses.
129 (g) "LEA" means:
130 (i) a school district;
131 (ii) a charter school, other than an online-only charter school; or
132 (iii) the Utah Schools for the Deaf and the Blind.
133 (h) "New construction" means a project for the construction of a public facility on
134 school property that includes a new or modified landscaped area of more than 7,500 square
135 feet.
136 (i) "Overhead spray irrigation" means above ground irrigation heads that spray water
137 through a nozzle.
138 (j) "Parkstrip" means the area between the back of a curb or, if there is no curb, the
139 edge of pavement and the sidewalk.
140 (k) "Public facility" means a building, structure, infrastructure, improvement, sports
141 field, playground, or other facility of an LEA.
142 (l) "Reconstruction" means a project for the renovation, alteration, improvement, or
143 repair of a public facility on school property that affects more than 25% of the landscaped area
144 existing before the reconstruction.
145 (m) "School property" means real property owned by an LEA.
146 (n) "Special use area" means an area of school property that requires the use of lawn or
147 turf due to unique circumstances associated with the land, including detention or retention
148 basins that serve a dual purpose of active recreation areas and storm water management.
149 (2) School property in the Great Salt Lake basin on which an LEA undertakes new
150 construction or reconstruction on or after May 1, 2024:
151 (a) may not have lawn or turf installed or maintained:
152 (i) on more than the lesser of the following after deducting active recreation areas or
153 special use areas:
154 (A) 20% of the landscaped area; or
155 (B) the amount of the landscaped area that would be permitted to have lawn or turf
156 under a land use regulation that would apply to the landscaped area but for the fact that it is
157 school property and if the land use regulation would restrict the use of lawn or turf to less than
158 20% of the landscaped area;
159 (ii) in a parkstrip;
160 (iii) within the interior of a parking lot;
161 (iv) in an area where the lawn or turf would have a width of less than eight feet; or
162 (v) within a road or area of vehicular access, including in a median or roundabout;
163 (b) may not have a sprinkler zone that provides overhead spray irrigation for lawn or
164 turf shared with an area that does not have lawn or turf;
165 (c) shall have the use of overhead spray irrigation restricted to the portions of the
166 landscaped area that has lawn or turf; and
167 (d) may not have an active recreation area with a size that is larger than the reasonably
168 anticipated need for the type of use the area is intended to accommodate.
169 (3) Nothing in this section:
170 (a) requires an LEA to submit a land use application to a municipality or county to
171 landscape school property; or
172 (b) authorizes a municipality or county to:
173 (i) impose landscaping requirements on school property; or
174 (ii) require an LEA to obtain approval for landscaping on school property.
175 Section 3. Section 63A-5b-1108 is amended to read:
176 63A-5b-1108. Water conservation and state government facilities.
177 (1) As used in this section:
178 (a) "Division" means the Division of Water Resources.
179 (b) "Grounds" means the real property, whether fenced or unfenced, of the parcel of
180 land on which is located a state government facility, [
181 occupied by a building, public or private driveway, street, sidewalk or walkway, parking lot, or
182 parking garage on the property.
183 (c) (i) Except as provided in Subsection (1)(c)(ii), "lawn or turf" means nonagricultural
184 land planted in closely mowed, managed grasses.
185 (ii) "Lawn or turf" does not include a golf course, park, athletic field, or sod farm.
186 (d) "Land use regulation" means a land use regulation:
187 (i) as defined in Section 10-9a-103 for a municipality; or
188 (ii) as defined in Section 17-27a-103 for a county.
189 (e) "Parkstrip" means the area between the back of a curb or, if there is no curb, the
190 edge of pavement and the sidewalk.
191 [
192 the exterior of the building or the building's grounds.
193 [
194 unit of state government.
195 (ii) "State agency" includes an institution of higher education.
196 [
197 improvement that is constructed on property owned by the state, the state's departments,
198 commissions, institutions, or other state agency.
199 (ii) "State government facility" does not include:
200 (A) an unoccupied structure that is a component of the state highway system;
201 (B) a privately owned structure that is located on property owned by the state, the
202 state's department, commission, institution, or other state agency; or
203 (C) a structure that is located on land administered by the trust lands administration
204 under a lease, permit, or contract with the trust lands administration.
205 (2) (a) Unless exempted under Subsection (2)(b), a state agency that owns or occupies
206 a state government facility that is built or reconstructed on or after [
207 may not [
208 (i) on more than [
209 government facility [
210 (A) 20% of the grounds; or
211 (B) the amount of grounds that would be permitted to have lawn or turf under a land
212 use regulation that would apply to the grounds but for the fact that the grounds are owned by
213 the state or a state agency and if the land use regulation would restrict the use of the lawn or
214 turf to less than 20% of the grounds;
215 (ii) in a parkstrip;
216 (iii) within the interior of a parking lot on the grounds of the state government facility;
217 or
218 (iv) in an area of the grounds of the state government facility where the lawn or turf
219 would have a width of less than eight feet.
220 (b) The division may exempt a state government facility from the restrictions of
221 Subsection (2)(a) if the division determines that the purposes of a state agency that occupies the
222 state government facility requires additional lawn or turf.
223 (c) Nothing in this section:
224 (i) requires a state agency to submit a land use application to a municipality or county
225 to landscape the grounds of a state government facility; or
226 (ii) authorizes a municipality or county to:
227 (A) impose landscaping requirements on the grounds of a state government facility; or
228 (B) require a state agency to obtain approval for landscaping on the grounds of a state
229 government facility.
230 (3) (a) A state agency shall reduce the state agency's outdoor water use as compared to
231 the state agency's outdoor water use for fiscal year 2020:
232 (i) in an amount equal to or greater than 5% by the end of fiscal year 2023; and
233 (ii) in an amount equal to or greater than 25% by the end of fiscal year 2026.
234 (b) A state agency shall submit the following information to the division:
235 (i) by no later than October 1, 2022:
236 (A) the state agency's water use for fiscal year 2020; and
237 (B) the state agency's water use for fiscal year 2022;
238 (ii) by no later than October 1, 2023, the state agency's water use for fiscal year 2023;
239 and
240 (iii) by no later than October 1, 2026, the state agency's water use for fiscal year 2026.
241 (c) The division shall:
242 (i) post the information provided to the division under this Subsection (3) on a public
243 website; and
244 (ii) by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative
245 Rulemaking Act, establish a uniform measure for purposes of this section of a state agency's
246 water use.
247 (4) Except when allowed by the division, a state agency may not water landscapes at a
248 state government facility between the hours of 10 a.m. and 6 p.m.
249 (5) A state agency shall do the following at a state government facility:
250 (a) follow weekly lawn watering guides if issued by the division;
251 (b) manually shut off systems during rain and wind events if the landscape irrigation
252 system does not have rain and wind shutoff functions;
253 (c) implement a leak-detection and repair program for outdoor use;
254 (d) coordinate with the division to implement water efficient methods, technologies,
255 and practices; and
256 (e) at least annually:
257 (i) evaluate opportunities to update irrigation technology with devices that:
258 (A) meet national recognized standards for efficiency;
259 (B) include rain and wind shutoff functions; and
260 (C) include soil moisture sensors;
261 (ii) evaluate opportunities to:
262 (A) subject to Subsection (2), limit lawn or turf on the grounds of a state government
263 facility and replace lawn or turf with water-wise plants; and
264 (B) update facility-management technology to include metering for water-consuming
265 processes related to irrigation and mechanical systems; and
266 (iii) audit and repair a landscape irrigation system so that the landscape irrigation
267 system is operating at maximum acceptable efficiency.
268 Section 4. Section 72-7-111 is enacted to read:
269 72-7-111. Use of lawn or turf.
270 (1) As used in this section:
271 (a) "Great Salt Lake basin" means the area within:
272 (i) the surveyed meander line of the Great Salt Lake;
273 (ii) the drainage areas of the Bear River or the Bear River's tributaries;
274 (iii) the drainage areas of Bear Lake or Bear Lake's tributaries;
275 (iv) the drainage areas of the Weber River or the Weber River's tributaries;
276 (v) the drainage areas of the Jordan River or the Jordan River's tributaries;
277 (vi) the drainage areas of Utah Lake or Utah Lake's tributaries;
278 (vii) other water drainages lying between the Bear River and the Jordan River that are
279 tributary to the Great Salt Lake and not included in the drainage areas described in Subsections
280 (1)(a)(ii) through (vi); and
281 (viii) the drainage area of Tooele Valley.
282 (b) "Lawn or turf" means nonagricultural land planted in closely mowed, managed
283 grasses.
284 (2) On land within the Great Salt Lake basin a highway authority may not install,
285 maintain, or allow for the installation or maintenance by others of lawn or turf requiring the use
286 of artificial irrigation in a highway construction project commenced on or after May 1, 2024,
287 within the portion of the highway:
288 (a) located between the back of the curb on either side of the highway, including in a
289 median or roundabout; or
290 (b) if there is no curb, between the shoulders contiguous to the traveled way, including
291 in a median or roundabout.
292 Section 5. Effective date.
293 This bill takes effect on May 1, 2024.